Terms and Conditions
DRESSO is run by REM s.r.l. based in Italy, with headquarters in Via Bonistallo 50/B Empoli (FI), registered in Florence (VAT 07022910488), (hereafter, “Dresso”)
These Terms and Conditions act as a legally binding agreement between the Users and Dresso in relation to the use of the services offered by Dresso.
To obtain more narrowed information about orders, products, shipments and, more generally, purchases, you can contact us by emailing the following address: email@example.com.
- OUR TRADING POLICY
- These General Terms and Conditions exclusively apply to the remote sale through the Dresso App (hereafter “App”) of the Products contained therein.
- These General Conditions establish how to access and use the several features of the App.
- The App can only be used by physical persons of legal age (18 years) who have the full legal ability to enter into agreements (hereinafter “Users”).
- These General Conditions apply to all Users of the App.
- These General Conditions are published on the App for the knowledge and the utilization by the Users.
- Users may purchase (acting as “User – Customer”) and sell (acting as “User – Seller”) second-hand products of assorted brands or new products (hereinafter “Products”).
- Dresso exclusively acts as an intermediary and a connection between Users.
- Each User acts in their own name and on their own behalf.
- Dresso is not part of the sales agreement between the User – Customer and the User – Seller.
- Dresso does not own the Products by any means and does not act as a reseller.
- Users will be responsible for the accuracy and the truthfulness of all the information provided, and in particular, of the assertions regarding the possibility of using the credit/debit card to place the order and the economic availability to afford the price of the entire purchase.
- The User – Seller, through the publication of the Products, acknowledges and accepts these Conditions of Sale, which may be modified by Dresso. The change shall be effective after the publication of the same on the App.
- It is understood that, by creating an account and/or placing an online order, the User – Customer fully and unequivocally acknowledges and accepts these General Terms and Conditions of Use.
- Dresso will carry out all communications to the Users through the email address indicated by the User during the User’s registration on the App. Any changes to this address by the Users must be communicated without hesitation in text form.
- By downloading the App, the Users fully accept these General Conditions of Use.
- USER ACCOUNT
- It is mandatory to create an Account for the purposes of using the App and of selling and/or purchasing the Products on the App.
- The opening of the Account is free and the Users will be able to create their own by entering a valid email address and a password or through the feature “Facebook Connect” – “Google Connect” – “Apple Connect”.
- Such opening does not imply any obligation to buy or sell on the App. The User can freely choose to use the App solely to explore other Users’ wardrobes.
- The Users acknowledge and agree that their App login credentials are personal and should not be disclosed or shared with third parties and that they will be responsible for protecting the confidentiality of their access information and of controlling their Accounts’ access.
- The Users are responsible for all activities that occur within their Account, unless they inform us that the Account has been used by third parties without their consent.
- The Users commit to notifying Dresso immediately in case of unauthorized use of the Account or loss or subtraction of access credentials by sending a written communication via e-mail with the detailed explanation of what happened and a copy of their ID to the following email address: firstname.lastname@example.org.
- The Users commit to not creating or using an Account other than the one initially created, neither with their own identity nor with that of third parties.
- Dresso does not bear the responsibility and must be held harmless for any loss or damage arising from the fact that the User has not securely stored his password or has not communicated to Dresso the unauthorized use, the loss or the subtraction of the password.
- Each Account will be assigned an identifying username, which will be unique (therefore it cannot be used by other Users) and can be changed at any time.
- The Users can delete their Account at any time by sending an email to Dresso; except for the time necessary to complete any purchase-sale transaction in progress at the time of the request for cancellation, the Account will be deleted.
- Any User’s Account may be closed at any time and without notice whenever Dresso: (a) reasonably believes that the User is using the Account in violation of these Terms and Conditions, (b) reasonably believes that a third party is using the Account without the User’s consent, (c) deletes or suspends the Account for security or maintenance reasons.
- DESIGNATION OF PERSONAL WARDROBE AND COMPLETION OF THE ORDER
- Users, at their own discretion, can create product pages (hereinafter “Product Page”) by uploading photos of the Products they intend to sell and/or display.
- The information about the Products (description and price) will be provided in the language of the Users – Sellers.
- It is understood that by uploading the Product Page to the App, Users authorize Dresso to make available, store, reproduce, broadcast and exploit such content in all ways and for the whole duration of the relation.
- If the Products are offered for sale, the User – Seller must ensure that they are available for as long as the Product appears on the App.
- The User – Seller shall describe the characteristics of the product thoroughly, including any processing defects, damages or detariorations or any detail that the Customer should be aware of at the time of the negotiation.
- The User – Seller may modify the Product Page at any time. The changes will be made effective from the moment they are published in the App.
- The User – Seller may permanently delete a Product from the Account, unless an order has already been placed and the compensation has been paid by the Customer.
- The User – Customer who intends to buy a Product must send a purchase offer that will be sent to all Users – sellers of the App who are in possession of the Product. The offer can be withdrawn within 30 seconds after sending.
- The User – Seller has 72 hours to consider whether to accept, refuse or come up with a counteroffer. The negotiation takes place confidentially.
- The User – Seller has an additional 72 hours to decide whether to accept, refuse or make a further counteroffer to the User – Customer, who may decide to accept or not without further changes.
- The User – Customer must make the payment within 24 hours after the conclusion of the negotiation with the User – Seller and, until the due remuneration is paid, the same Product may be sold to another User who has executed the payment first.
- It is understood that the interaction between the User – Seller and the User – Buyer must be done for the sole purpose of exchanging information about the Products on Sale and to allow the completion of the negotiation. Therefore, it is strictly forbidden to send the other Party:
- advertising messages or information;
- messages that suggest the completion of the trade outside the Site;
- spam or content that spreads viruses or worms;
- messages containing texts averse to morality and public order, inappropriate, abusive or defamatory messages or otherwise incompatible with these Terms and Conditions and with the interests of the Users;
- illegal messages or messages sent in order to harm other Users or the App;
- messages that can be considered harassment of any kind;
- messages containing inappropriate, provocative or unwanted comments about the appearance of other Users;
- messages that disclose improper and harmful use of the App and its services.
Through the use of algorithms, DRESSO employs automated software to detect the above-mentioned private messages.
If the automated software detects the exchange of one of them, both the private message and the User sending it could be automatically blocked.
The User who sent the blocked private message will be notified of the obligation to comply with these Terms and Conditions and will be informed that, in case of new violations, DRESSO may take further measures such as the suspension of the Account.
- PRICE AND PAYOUT METHOD
- The price indicated by the User – Buyer includes the costs of authentication and shipping as well, in relation to the following table (Table of Costs).
- Purchases will be made by credit/debit card, Paypal on the Stripe platform.
- The payment data will be subject to a standard verification check. Therefore, the Products will be sent only after the payment data has been verified and only after receiving the authorization to charge from the bank of the User – Customer.
- As the payment has been received, Dresso will give notice to the Users via email.
- The payment will be sent to the User – Seller after 14 days or, in case of a complaint, Dresso will retain the payment until the complaint is solved.
- After the aforementioned deadline or once the complaint is resolved, the due amount will be paid by bank transfer to the User – Seller’s current account. The bank details will be entered on the Users’ Account.
- The payment due to Dresso will be deducted from the amount paid by the User – Customer, and the difference will be paid to the User – Seller.
TABLE OF SELLING COSTS
|PRICE OF THE ARTICLE||COMMISSION||SHIPPING COSTS||AUTHENTICATION|
TABLE OF BUYING COSTS
|PRICE OF THE ARTICLE||COMMISSION||SHIPPING COSTS||AUTHENTICATION|
- DELIVERY AND DELIVERY COSTS
- After completion of the order, the User – Seller will receive an email notifying that they will have 7 days to send the Product to Dresso by the courier assigned to them, in order to verify its conformity and authenticity.
- The shipping costs of the Products by the User – Seller to Dresso will be borne by the latter.
- Under no circumstances may Dresso be held liable for any damage or loss of the Products until Dresso receives them. In case of loss of or damage to a Product by the courier, the compensation due to the Seller shall consist of the compensation offered according to the contractual conditions provided by the individual courier.
- Dresso will deliver the Products directly to the User – Customer.
- The delivery times by Dresso to the User – Customer are linked to the delivery times of the User – Seller according to the table below (Shipping Table).
- In any case, the maximum deadline for delivery is set at 30 (thirty) days from the date of confirmation of the Order.
- The shipping costs of the Product from Dresso to the User – Customer will be covered by the latter.
- In accordance with Article 61 of the Code of Consumption, where Dresso does not deliver the products within the indicated time-limit, the User may invite Dresso to make the delivery within an appropriate additional deadline. If the additional term expires without the products being delivered, the User is entitled to cease the Contract.
- Dresso will provide for the refund within 14 days from the date on which it received the notification of action’s cancellation.
- If it proves impossible to deliver the Product to the Customer, e.g. in the case of an incorrect delivery address or of the return of a non-accepted parcel by the Buyer, a communication will be sent via email. In case of a lack of response, the Products will be kept at the disposal of the Customer, at their own risk and with costs to their charge (including transport and storage costs), for a span of 6 (six) months from the communication sent by Dresso. If the Buyer wishes to reclaim the Product, the latter must make a request by email.
- Dresso becomes the owner of the Product if the latter is not claimed within 6 (six) months.
|Shipment with authentication||Direct shipping|
|Pick-up from the User – Seller||0-7 days||0-7 days|
|Transportation to Dresso||1-3 days|
|Inspection by Dresso||0-2 days|
|Delivery to the receiver’s address||1-3 days||1-3 days|
|Total delivery time||min 2 – max 15 days||min 1 – max 10 days|
- COMPLAINTS AND REIMBURSEMENT ARRANGEMENTS
- With the exception of the scenarios listed below, it will not be possible to make a return.
- Upon receipt of the products, it will be the Customer’s responsibility to verify the integrity and trueness of the Products to the related description in the Product Page.
- Any problems related to the physical integrity, correspondence or entirety of the products received must be reported within 14 days after the delivery to allow Dresso to proceed with the adequate checks.
- If the reasons for the discrepancy between the Product and its description on the Product Page appear prima facie legit, Dresso will authorize the Customer to return the Product.
- The returned Products will only be accepted with the sealed form initially attached by Dresso at the time of delivery.
- If the non-conformity is attested after the inspections carried out by Dresso, the Customer will be refunded through the same means he made payment with.
- Dresso has no control and/or obligation and denies any responsibility for the accuracy or appropriateness of the content that is uploaded by the User to a Product Page or third-party content on the App.
- The responsibility will lie with the individual Users who have published this information and/or Products.
- Dresso guarantees the authenticity of the Product only at a later stage, namely after the checks carried out once the Product has been received from the Seller. In the first selling phase, the Seller undertakes to guarantee that the Products they sell are authentic.
- The Users indemnify Dresso in relation to any third parties’ action regarding the text of their Product Pages and/or description of the Products they intend to sell on the App.
- Any quality control that may be carried out by Dresso will merely be aimed at ensuring that the Product sold by the User – Seller complies with its description on the Product Page compiled by the User – Seller.
- Dresso’s involvement in the resolution of complaints does not make it part of the sale.
- With the exception of any claims for late or failed delivery of Products imputable to Dresso, it is the Seller’s responsibility to respond to any request or complaint regarding the Products advertised online, their description and the comments by any User on their Product Page, and the User will be the sole responsible party for the processing of the Products themselves.
- Although Dresso is committed to keeping the App accessible 24/7, it does not guarantee the availability or accessibility of the App and does not guarantee that access is continuously provided without interruption.
- Dresso may modify the App at any time without requiring any approval from Users.
- To the fullest extent permitted by the governing law, Dresso will not be liable to the Customer or to any third party for any damage or loss arising from the use of the App and/or Content or any information contained therein, including but not limited to: (a) any loss or corruption of data, (b) loss or damage to the User’s technological, IT, hardware or software equipment, (c) any loss or damage that could not have been anticipated by the User and/or by Dresso, or (d) any loss or damage suffered by the User because of their failure to take reasonable precautions against such loss or damage, for example by installing a good antivirus software.
- CONTROL OF THE CONFORMITY AND AUTHENTICITY OF PRODUCTS
Dresso will cancel the order and refund the User – Customer when, after the execution of the due inspections, it is verified that the Products do not correspond to their description on the Product Page indicated by the User – Seller, are counterfeit or their sale is prohibited.
If the Product is counterfeit or its sale is prohibited, it will be immediately withdrawn from circulation and the Seller’s account may be temporarily or permanently suspended.
- GOVERNING LAW AND JURISDICTION
- These Terms and Conditions are governed by Italian law.
- Any disputes relating to and/or resulting from the Orders and/or these Terms and Conditions shall be resolved exclusively by the Italian court, or by the court of the place of domicile or residence of the Customer under the governing law.
- OUT-OF-COURT RESOLUTION OF DISPUTES
- In accordance with Article 14 of EU Regulation No. 524/2013 and the resolution on ODRs referred to in the Statutory Instrument No. 500/2015 into force since 15 February 2016, The European Commission has established an online platform for the resolution of ODR disputes (“online dispute resolution”) arising from the purchase of online goods accessible at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Through the ODR platform, you can consult the list of ODR bodies, find the link to each of them and start an online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show