Legal Area

Terms and Conditions

Terms and conditions of use

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS

Terms and conditions ensure the use of www.diesel.com website (hereinafter “Site”), in accordance to applicable laws, even in data protection and intellectual property rights.

1. CONDITIONS FOR THE USE OF THE SITE

The Site aims to promote the brand and the products Diesel S.p.A. (“Diesel”).

The Site could be subject to changes and updates without notice.

Use of this Site constitutes acceptance by you of these terms and conditions and their commitment to respect them.

Diesel informs users that these conditions can be modified at any time.

Users could enjoy the following services:

Buy products;
Contact Customer Service
Participate in events and previews dedicated to our customers

2. INTELLECTUAL PROPERTY

The content of the Site, including, without limitation, any logo, trademark or photos published on the Site are property of Diesel or licensed by the right holders and are protected according to the intellectual property rights, or any other legal provision applicable.

Diesel owns all rights in these materials, or is licensed by the holders, even in respect to credit. Diesel respects the intellectual property rights of third parties, and all legal provisions to protect the interests of third parties, as well as take all possible measures with the means at its disposal to ensure that the Site does not infringe the protected rights. However, if you think that the Site may violate any proper law, Diesel will proceed to remove the content in question after receiving written notice of the owner of copyright and duly verified at the above contacts. In this regard it may be addressed by compiling the request of the customer service form.

In any case, among the various registered trademarks owned by Diesel properties to be counted DIESEL (word), DIESEL ONLY THE BRAVE , D handwriting , D design , Coin pocket design, JoggJeans, Diesel Black Gold. All other trademarks in this Site are property of their respective trademark owners.

3. LINK TO OTHER WEB SITES

The Site contains links to other web sites. Diesel has no control over them, nor can it control or check the contents. It is therefore up to you take note of the commitments of each blog / social network / website they you visit.

In particular, we have no control over the practices of third-party sites for the collection, processing of personal data and privacy. It is up to the user to acquaint themselves with the Diesel commitments on data processing by reading the information from time to time presented to users on the Site, but also the commitments of any blog or social network or site associated with the Site that contains the links, and use only the sites that accept the content and usage rules. Diesel disclaims any liability for any link to another website and which refers to the Site.

The Site could be associated with that link and its content not specifically authorized by Diesel.

4. RESPONSABILITY

Diesel plays a regular update of its content and the devices in place on the Site to allow access and use of the Site under the best conditions for the user. However, Diesel cannot guarantee the timeliness, accuracy and completeness of the content on the web. The user in this context, is fully aware of the fact that the content on the Site is for information only. In addition, Diesel reserves the right to make changes to the Site at any time it deems appropriate, and cannot therefore provide the user with access to the whole site at any time, without interruption in time, safely and without errors. Please note that the changes can be made about the nature or extent of the services available.

It should be noted that Diesel cannot be held liable for damage to a user caused by actions of third parties by means of unfair techniques have used the information published on the Site.

Diesel cannot be held liable for any damage suffered due to the characteristics of the network and/or technical configurations. Subject to the provisions of law, the present conditions are subject to Italian law and all disputes concerning their application and interpretation will be subject to the exclusive knowledge of the Court of Milan.

5. LIMITATION OF LIABILITY

Subject to the mandatory provisions of the law, Diesel will not be liable for any damages or injury arising from use of the Site as well as arising from any interruption in the site execution fault, error, omission, interruption, defect, delay in operation of transmission, viruses or fall line. Diesel also not be liable for any damages or injury that result from the use or inability to use the material included in the site or arising from the conduct of other users who violate these terms.

The materials on the website could include technical inaccuracies or typographical errors. Diesel could make changes or improvements at any time. The material on the Site is made available "as is" and without warranty of any kind, express or implied, in accordance with applicable law and within the limits permitted by it, Diesel makes no warranties, including those of merchantability and fitness for any use.

Diesel does not warrant that the functions contained in the materials will be uninterrupted or error free, or that such defects will be corrected, or that this site or the server that makes it available are free of viruses or harmful components. Diesel makes no representations or warranties regarding the use or the results of the Site materials, in terms of their correctness, accuracy or reliability. the cost of repair, revision or correction will be borne entirely by the user and not of Diesel.

Where national laws applicable to this agreement, other than the applicable law indicated below, prohibiting the exclusion of warranty, the above exclusion may not apply.

6. RESTRICTIONS ON THE USE OF THE SITE RESOURCES

The material from this Site and any other World Wide Web site owned, operated, licensed, or controlled by Diesel or any of its related, affiliated and subsidiary may not be copied, distributed, modified, republished, reproduced, downloaded or transmitted by any means, without the prior written consent of Diesel prejudice to the right to download a copy of the material on one computer for your personal use for non-commercial home use, provided that the signs are not removed or changed relative to the author or rights, trademark or other proprieta/ry notices. Modification or use of the material for any other purpose is a violation of the rights of Diesel. The material on this website is provided only for purposes authorized by law.

7. PROPOSALS

All comments, suggestions, ideas, graphics, or other information communicated to Diesel will become the property of the same. The users renounce to every compensation and / or consideration not only economic but in any capacity.

The information will not be subject to any obligation of confidentiality. Diesel will be free to use the information as it sees without this resulting in Diesel same obligation or responsibility. Diesel will have exclusive ownership of all present and future existing rights to the Information of every kind and nature anywhere.

Except as noted below in this paragraph, Diesel will be authorized to use the information for any commercial purpose or otherwise, without compensation to those who have posted information. Any information communicated to Diesel, whether the perpetrator is identified, whether it is unknown, it will be considered provided voluntarily. This information is for internal purposes only and is not sold or transferred to third parties of Diesel or other entities that are involved in the operation of this Site.

The sender agrees to be responsible for any material submitted; the sender, and not Diesel, has overall responsibility for the message, including its legality, reliability, appropriateness, originality, and property rights.

Terms and conditions of sale

The offer and sale of Products with the brands "DIESEL" and "DIESEL BLACK GOLD" (the "Products"), ownership of the company DIESEL S.p.A., with registered offices in Italy, via dell'Industria 4-6, Breganze 36042, registered at the Trade and Business Registry, tax identification and VAT no. 00642650246, share capital 22,500,000.00, fully paid-up ("Diesel" or the "Seller"), diesel.com web Site (the "Site") are governed by these general terms and conditions ("General Terms and Conditions"). The Products are purchased on diesel.com, as detailed in the remainder of these General Terms and Conditions. Each user of the Site may request any information to persons employed in the customer service department, by applying directly to the Seller’s Customer Care through the contacts listed in the "Customer Care" area of the Site. Each user who purchased Products off the Site, may also obtain information about orders and shipments, and reimbursement and returning of the same. The users have the right to contact the Seller by e-mail at the following email address: onlinecustomerservice@diesel.com.

For further legal information the user is encouraged to refer to the sections of the Site relevant to each specific request.

1. THE BUSINESS POLICY OF THE SELLER

1.1 The Seller offers Products for sale on the Site and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers" ("Buyers" and each of them "Buyer"). The term "Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any Products on the Site; Consumer means the person who enters into a contract in the exercise of such activities or for a purpose connected to this.

1.2 If the user, potential Buyer, does not fall under the legal definition of "Consumer" but, on the contrary, can be qualified as a professional and therefore does not act as defined in Article 1.1, the same is advised to refrain from entering into commercial transactions on the Site.

1.3 In view of its commercial policy, the Seller reserves the right not to process orders from users who are not “Consumers” and/or, however, any other order which does not comply with its trade policy and/or is not in line with the provisions hereinafter.

1.4 These General Terms exclusively regulate the offer, transmission and acceptance of purchase orders relating to Products purchased on the Site by the Buyers (the "Order") and thus regulate the relationship between each Buyer and Seller. With regard to the Seller's return policies, please consult the relevant section of this Site.

1.5 These General Terms and Conditions do not regulate the supply of services or the sale of Products performed by third parties other than the Seller who is given visibility on the Site through links, banners or other hypertext links. Before submitting orders and purchasing Products and services from these third parties, we recommend that the Buyers carefully verify the terms and conditions of sale of the latter, since the Seller shall under no circumstances be deemed liaible for the supply of services and/or sale of Products provided by third parties and/or, in general, the execution of e-commerce transactions between the users of the Site and third parties.

2. HOW TO ENTER INTO A CONTRACT WITH THE SELLER

2.1 The Buyer, in order to conclude the contract with the Seller to place an order for the purchase of one or more Products on the Site (the "Contract"), will proceed by filling out the Order Form in electronic format, to be displayed to the Buyer and by forwarding this form to the Seller immediately before the conclusion of the Contract (the "Order"), electronically, following the instructions that will be reported in the different driving phases at the conclusion of the Contract.

2.2 Before proceeding with the purchase of the Products, via the transmission of the Order Form, the Buyer will be asked to carefully read the Terms and Conditions and the clause relating to the right of withdrawal by the Buyer, together with the provisions on the same, under these Terms and Conditions in the paragraph "Conditions for the exercise of the right of withdrawal" and in the section dedicated to the same on this Site. Furthermore, the Buyer will be presented with a list of the commercial and contractual conditions proposed by the Seller for the purchase of Products, which contain a cross reference to the General Conditions together with a summary of the data shown subsequently: main characteristics of each product - object of the Orders - with an indication of the selling price (inclusive of all applicable taxes and fees); methods of payment which the Buyer may use to purchase the Products; methods of delivery of the Products; methods of processing and handling of complaints by the Seller; shipping costs and delivery of the Products; references and geographical address and e-mail of the Seller; the date by which the Seller agrees to deliver the Products.The Seller will also provide the Buyer with a summary of the conditions and procedures for exercising the right of withdrawal and the procedures and delays for returning the purchased Products (which will be provided by the Seller in the package in which the Products ordered will be delivered to the Buyer). In any case, the Buyer is reminded of the existence of the legal guarantee of conformity of the Products and the contact details of the Seller's after-sales service as well as the possibility of using the independent and institutional conciliation service, the so-called "RisolviOnline” (online resolution), provided by the “Camera Arbitrale della Camera di Commercio di Milano (MI)” (Arbitration Board of the Chamber of Commerce of Milan)

2.3 The Order Form will provide brief information about the main characteristics of each product purchased, its price (including all applicable fees and taxes) and shipping costs (including any additional costs incurred for having opted for a specific type of shipment and different and/or faster delivery than that defined by the Seller as "standard"). The Contract is deemed formed upon the issue of confirmation by the Seller, electronically, of the Order Form but only after the Seller will have verified the correctness of all the information contained therein relating to the Order made by the Buyer.

2.4 Once received by the Seller, the Order Form will be filed in the Seller’s database for the time required to process the Orders and in any case always in accordance with the law. The Buyer may access the Order Form, referring to "My order” section.

2.5 When submitting the Order Form, the Buyer will be notified that such submission implies the obligation to pay the price quoted. Before submitting the Order Form, the Buyer will be required to identify and correct any errors related to personal details.

2.6 English is the language used for executing contracts with the Seller.

2.7 At the conclusion of the Contract, the Seller will process the order to execute the contract thereof.

2.8 When filling in the Order Form, the Buyer will have the possibility to select a service called "Click & Collect". Therefore, if the Product is available at a Point of Sale (as defined in art. 5.1 of these Terms and Conditions) on the date of filling in the Order Form, the Buyer may collect it directly at that Point of Sale. The collection may already take place as soon as the Buyer has received the notification, by e-mail, that the purchase has been successful, without prejudice to the provisions of paragraph 5 of these Terms and Conditions

2.9 The Seller may not process orders that do not provide sufficient guarantees of solvency and / or which are incomplete or incorrect, or in the event that Products ordered are no longer avaiable. In the above cases, the Seller will inform the Buyer by e-mail, that the Contract may not be fulfilled and therefore the Seller can not carry out the Order, specifying the reasons. If the Products, presented on the Site, are no longer available or on sale at the time of the Buyer's last access to the Site or at the time the Order Form is sent, the Seller shall promptly notify the Buyer, by e-mail and in any case within thirty (30) calendar days from the day following the date of transmission of the Order, of any unavailability of the Products covered by the Order. In these cases, if the Buyer had already submitted the Order Form and paid the relevant price, the Seller will refund the Buyer the amounts paid by the latter and the Contract will be terminated. The Seller will not be required to reimburse any other amount to the Buyer, for any reason.

2.10 By submitting the Order Form, the Buyer automatically accepts unconditionally and agrees to observe the General Terms and Conditions during its relationship with the Seller. If Buyer does not agree with any of the terms in the General Conditions, it is asked to refrain from forwarding the Order Form.

2.11 By submitting an Order Form the Buyer expresses its acknowledgment and acceptance of the General Terms and Conditions as well as any further information of any kind contained on the Site, even if referred to through links, by way of example: the conditions of Use, the Privacy Policy and the information on the right of return.

2.12 Once the Contract has been entered into, the Seller will send to the Buyer through electronic mail a confirmation receipt of the Order, inclusive of the General Terms and conditions and a summary on the right of return, thus, all the information already included in the brief document on sales and contractual conditions, which the Buyer will have reviewed before purchasing the Products.

3. GUARANTEE AND PRODUCT PRICE

3.1 Only original Products are offered for sale on the Site.

3.2 The Seller does not sell second-hand Products on the Site, products not in conformity, flawed Products and/or otherwise Products that fail to meet the quality standards in the than the corresponding market.

3.3 The main characteristics of the Products are shown on the Site on each "product" page. The images and colors of Products offered for sale on the Site may not correspond to the real ones for reasons which can not be attributed to the Seller and, in any case, due to the Internet browser or any device used by the Buyers; Diesel expressly disclaims all responsibility.

3.4 The prices of Products might be subject to updating. It is the responsibility of the Buyer to check and confirm that they wish to pay the final selling price of the Product to be purchased, prior to completing and forwarding the relevant Order Form.

3.5 The purchase requests from Countries not included among those displayed under the section"Select Your Country" will not be accepted by the Seller.

3.6 The Seller, in case of exercise of the right of return by the Buyer has the right to not accept returned Products or to not fully repay the amounts paid by the Buyer to purchase Products that, upon return, lack the corresponding price tag and / or whose essential and / or qualitative characteristics were altered and / or that display any kind of damage.

4. PAYMENTS

4.1 For the payment of prices of Products and relevant shipping and delivery costs, the Buyer may choose between one of the procedures indicated on the Order Form. In no event costs higher than those actually charged to the Buyer and those effectively incurred by the Seller shall be charged to Buyers in connection with the payment method chosen.

4.2 In case of payment by credit card, all financial information (for example, the credit / debit card number or the expiration date) will be sent by encrypted protocol to third parties, which provide remote electronic payment services, without third parties to have any access thereto. This information will not be used by the Seller except for performing the procedure relevant to the proper fulfillment of the Order and for issuing refunds in case of any refunds of Products, as a result of exercising the right of return on the part of the Buyer, or if it becomes necessary to prevent or report to the police fraud on the Site. In any case, all personal data provided by the Buyer will be processed by the Seller in compliance with the applicable legislation, as provided in the "Privacy Policy" section.

4.3 The price for the purchase of Products and the shipping costs, as indicated in the Order Form, will be charged to the Buyer’s bank account upon shipment of the Products purchased.

5. PRODUCT SHIPPING AND DELIVERY

5.1 The shipping costs for the delivery of the purchased Products are fully borne by the Buyer, unless the Seller has implemented, at its discretion, a promotion on a date prior to the forwarding of the Order Form, duly communicated through the Site.

5.2 The Buyer may, at his/her discretion, decide to either receive the Products he/she has purchased at an address of his/her choice or to collect the Products purchased from a single-brand store of the "DIESEL" brand in the country of purchase, if such store is managed directly by Diesel ("Store") and selected from the ones indicated on the Site (the so-called "Click & Collect" service). If the Buyer opts for delivery at a retail store, he/she will be informed of the Product’s arrival at the store by e-mail. If the Buyer has opted for such a service, "Click & Collect" he/she will be able to collect the Products starting from the day on which he/she has received an e-mail confirmation from the Seller that the Product is ready for collection (therefore, potentially, also the day on which the Buyer made the purchase) and up to 7 (seven) calendar days thereafter, including the day on which the purchase was successful.

When the Buyer goes to the Point of Sale to collect the Products purchased, he/she must provide the sales assistant with (i) a copy of the e-mail confirming the shipment of the Order, (ii) a valid identity document on the date of collection. If the documents referred to in points (i) and (ii) above are not provided, the sales assistant will not be able to proceed with the delivery of the Products.

In both the above mentioned cases, if the Products subject to the Order are not collected within the aforesaid term of 7 (seven) calendar days, the Contract will be considered, to all intents and purposes, automatically terminated. Consequently, it will no longer be possible to collect the Products, which will be returned to the Seller, by the staff of the chosen Store. As a result of the termination of the Contract, the Buyer will be refunded the sums paid, in the time and manner indicated by the Seller, with the understanding that the Seller may retain, from the sums to be refunded, a contribution equal to the shipping costs incurred by the latter for the delivery of the purchased Products.

5.3 If the Buyer appoints another person to collect the Products at the Retail Store, this person must present, in addition to the e-mail confirming the shipment of the Order, a copy of the personal identification document of the Buyer along with the authorisation granted and his/her own personal identification document. Payment cannot be made at the Retail Store. Therefore, cash-on-delivery is not provided as a payment method if the Buyer chooses delivery at the Retail Store.If the Buyer chooses the Click and Collect delivery method, delivery times and costs will be the same as those that apply to deliveries to the address indicated by the Buyer, unless the purchased Product is already available at the Point of Sale on the date the Order Form is sent. For specific product shipping and delivery procedures of the Products at the address indicated by the Buyer or at the selected Retail Store, the Buyer must access the Site section entitled "Customer Service". Please pay attention to the information provided in this section in that it represents an integral and essential part of these General Terms and Conditions and, therefore, such is deemed to be completely understood and accepted by the Buyer when the Order Form is transmitted.

6. CUSTOMER CARE

6.1 The Buyer may request any information through the support services of the Seller. For further clarification, reference is made to the Customer Service area.

6.2 The Buyer may, at his/her discretion, contact the Seller's Customer Service by telephone - or by other means of contact, if indicated by the Seller - and ask the operator to place the Order in the name and on behalf of the Buyer. In this case, the Buyer will be informed by e-mail that the purchase has been successfully completed and that the Order will be processed. If the Buyer does not receive the above mentioned confirmation e-mail, it will be the Buyer's responsibility to point out the problem to Customer Service and make a further request to have the e-mail resent. In any case, the Seller cannot be held liable whenever the confirmation e-mail is not received at the e-mail address indicated by the Buyer (for any reason whatsoever) or, in general, if the Buyer does not inform the Seller promptly about the non-receipt of the confirmation e-mail. For all that is not further specified in this art. 6.2, the provisions set forth in these Terms and Conditions and, in general, on the Site shall apply to the processing of the Order as well as to its subsequent phases.

7. GOVERNING LAW AND DISPUTES RESOLUTION

7.1 The General Terms and Conditions are governed by the Italian law and in particular by Legislative Decree no. 206 of 6 September 2005 on consumer code in Chapter I "Rights on consumer contracts” with specific reference to legislation on distance selling contracts, and by Legislative Decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.

7.2 In the event of disputes between the Seller and the Buyer, arising from the General Terms and Conditions, the Seller guarantees full approval and acceptance of the conciliation service “RisolviOnline”. "RisolviOnline" is an independent and institutional service provided by the local Chamber of Arbitration of the competent Court, which allows one to reach a satisfactory agreement, with the help of a competent and neutral conciliator, in a peaceful and safe manner,via the Internet. For more information on the "RisolviOnline" rules or to submit a request for conciliation, access "RisolviOnline.com".

7.3 Furthermore, it is acknowledged that the European Commission provides a platform for the out-of-court alternative resolution of disputes, accessible on http://ec.europa.eu/odr.

8. AMENDEMENTS AND UPDATES

These General Terms and Conditions may be amended by the Seller from time to time, in light of possible legislative changes, without the need for prior communication to the Buyer, who will be required to constantly check the information contained on the Site. The updated version of the Terms and Conditions will become effective from the moment of publication on the Site, and this applies to all its subsequent amendments and additions. The Buyer is expected to comply with them. Therefore, it will be the Buyer's responsibility to constantly monitor the Site and inform himself/herself about any changes and/or additions to these Terms and Conditions, as well as any changes and/or additions to any other provision on the Site governing the relationship between the Buyer and the Seller at all stages.

5. LIMITATION OF LIABILITY

Terms and conditions Second Hand

GENERAL CONDITIONS OF SALE - SECOND HAND

The offer and sale of products bearing the used “DIESEL” trademarks (the “Products”), owned by the company DIESEL S.p.A., with registered office in Italy, at via dell'Industria 4-6, Breganze 36042, Reg. with Companies House, Tax Code and VAT no. 00642650246, Share Capital, 22,500,000.00, fully paid-in (“Diesel” or the “Seller”), on the website diesel.com (the “Website”) in a specific section are governed by these general conditions of sale (the “General Conditions”). The remote selling of such Products through the Website is made directly by Diesel, according to the procedures indicated hereafter in these General Conditions, in compliance with national laws in force and with European Directive 2011/83 EU on consumer rights and subsequent amendments and integrations. Any user of the Website may request any information from the Customer Service staff by contacting the Seller's Customer Service directly through the contact details indicated in the “Customer Service” area of the Website. Each user, if having purchased Products on the Website, may also obtain information about orders and shipments, refunds and returns. Users can e-mail the Seller directly at the following address: clientservice@diesel.com.

For any other legal information the user can consult the appropriate sections of the Website.

1. SALES PROCEDURE

1.1 The Seller offers the Products for sale on the Website and carries out its electronic commerce activity exclusively in relation to users who purchase the Products through the Website, who qualify as “consumers” under the current legal regulations and who meet the requirements set out in the following article (“Buyers” and, each of them individually, a “Buyer”). The term “consumer” refers only to natural persons who enter into a purchase contract for the satisfaction of everyday needs unrelated to any entrepreneurial or professional activity exercised, whereas the person who enters into a contract in the exercise of such activity or for a purpose related to it is considered a professional.

1.2 If the user, potential Buyer, does not come under the definition of “consumer” but, by contrast, can be qualified as a professional and therefore does not act as defined in Article 1.1 above, he is invited from now on to refrain from concluding commercial transactions on the Website.

1.3 In consideration of its commercial policy, the Seller reserves the right not to follow up on orders from persons not included in the definition of “consumer” and/or not in line with what is set out below.

1.4. These General Conditions exclusively regulate the offer, submission and acceptance of purchase orders concerning Products purchased on the Website by Buyers (the “Orders”) and therefore govern the relationship between each Buyer and the Seller.

1.5 The General Conditions do not regulate the supply of services or the sale of products by third parties other than the Seller who are given visibility on the Website through links, banners or other hypertext links. Buyers are advised, before placing orders and purchasing products and services of any type offered by such third parties, to carefully check the terms and conditions of sale of the latter, as the Seller hereby declares that it is not responsible for the supply of services and/or sale of products by such third parties and/or, in general, for the conclusion of e-commerce transactions between users of the Website and such third parties.

2. HOW TO STIPULATE THE CONTRACT WITH THE SELLER

2.1 Orders may only be placed by persons of legal age and who are not in a state of legal incapacity. In order to stipulate the contract with the Seller for the purchase of one or more Products on the Website (the “Contract”), the Buyer shall proceed to fill out the appropriate order form in electronic format, which will be displayed by the Buyer immediately prior to the conclusion of the Contract (the “Order Form”) and complete the electronic purchase procedure by following the instructions that will be indicated in the various stages of the guide to the conclusion of the Contract.

2.2 Before proceeding to purchase the Products, through the submission of the Order Form, the Buyer will be asked to carefully read the General Conditions and the clause relating to the Buyer's right of withdrawal. The Buyer will also be provided with a summary of the commercial and contractual conditions proposed by the Seller for the purchase of the Products, which will contain a reference to the General Conditions together with a summary of the information indicated below:

- essential characteristics of each Product;

- subject of the Orders;

- indication of the relevant price (including all applicable taxes and duties);

- means of payment that the Buyer may use to purchase the Products;

- method of Product delivery;

- methods of treatment and processing of complaints by the Seller;

- costs of shipping and delivery of the Products;

- references and geographical and e-mail address of the Seller;

- the date by which the Seller undertakes to deliver the Products.

The Seller will also provide the Buyer with a link to the conditions and procedures for exercising the right of withdrawal and the procedures and deadlines for returning the purchased Products (taken from the specific paper return form that will be provided by the Seller in the package in which the Products Ordered will be delivered). The Buyer will also be informed of the circumstances in which his right to cancel the Contract will lapse. The Buyer has in any case the legal warranty of Product conformity. In order to allow the Buyer to exercise the legal warranties, the contact details of the Seller's after-sales service will be provided, as well as the possibility of using the conciliation service, as per Art. 7.

2.3 The Order Form will provide summary information about the essential characteristics of each Product purchased, the relevant price (including all applicable taxes or duties) and shipping costs (including any additional costs that the Buyer is required to incur for having opted for a specific type of shipping and delivery different and/or more quickly than that defined by the Seller as “standard”). The Contract shall be considered finalised and therefore concluded upon completion of the procedure of the Buyer filling in and completing the Order Form and only on condition that the Seller has verified the correctness of all the data contained therein in relation to the legal requirements and the provisions contained in these General Conditions.

2.4 Once the Seller has received the Order Form, it will be stored in the Seller's database for the period of time necessary to process orders and in any case within the terms of the law. The Buyer may check the status of Orders by consulting the “My Order” section of the Website.

2.5 When proceeding to complete the order procedure, the Buyer will be informed that such completion implies the obligation to pay the indicated price.

2.6 The language in which the Order Form is drawn up and the Contract is stipulated is English.

2.7 The Seller reserves the right not to process Orders that are incomplete or incorrect and/or that come from Buyers who do not provide sufficient guarantees of solvency and/or in the event of unavailability of the Products Ordered. In these cases, the Seller will inform the Buyer, by e-mail, that the Contract cannot be considered concluded and that therefore the Seller cannot complete the Order, specifying the reasons. If the Products displayed on the Website are no longer available or on sale at the time of the Buyer’s last access to the Website or at the time the Order Form is sent, the Seller will provide prompt notification, and in any event within thirty (30) days of the day after that on which the Order was submitted, that the Products Ordered are no longer available. In these cases, the Seller shall refund the Buyer the amounts paid by the latter and the Contract shall be considered terminated. The Seller shall not be obliged to refund any other amount, for any reason whatsoever, to the Buyer.

2.8 By completing the order procedure, the Buyer unconditionally accepts and undertakes to observe, in all its relations with the Seller, the provisions of these General Conditions. Acceptance of the General Conditions is to be understood as unconditional, therefore the Buyer has no right to request the amendment of any term or provision contained in the General Conditions.

2.9 By submitting the Order Form, the Buyer declares knowledge and acceptance of the General Conditions and further information, of whatever nature, contained on the Website, even if they are referred to through links, merely by way of example but not limited to: the Conditions of Use, the Privacy Policy, the information on the right of withdrawal.

2.10 Upon conclusion of the Contract, the Seller will e-mail the Buyer a receipt of the Order with all the information already contained in the summary of the commercial and contractual conditions that the Buyer will have displayed before proceeding to the purchase of the Products.

3. DESCRIPTION OF PRODUCTS AND PRICES

3.1 In the Second Hand sections of the Website only used Original Diesel branded Products are offered for sale.

3.2 The Buyer hereby declares that it is aware that the aforementioned Products are used and that they may therefore present characteristics that are not comparable with a new product, such as irregularities, defects and/or wear and tear.

3.3 The essential characteristics of the Products are presented in the Second Hand sections of the Website within each “product sheet”.

The images and colours of the Products offered for sale on the Website may, however, not correspond to the real ones due to causes not attributable to the Seller and, in any case, due to the effect of the internet browser and/or viewing through the devices used by the Buyer. Diesel expressly refuses all and any liability in this respect.

3.4 Product prices may be subject to updates. It will be the Buyer's responsibility to check the final sale price of the Product he intends to purchase before filling in and submitting the relative Order Form.

3.5 Orders received on the Website can be shipped exclusively throughout United Kingdom.

3.6 In the event of the Buyer exercising his right of withdrawal, the Seller has the right not to accept the return of the Products or not to fully refund the sums paid by the Buyer for the purchase of those Products which, upon return, do not have the relative label, which must therefore be carefully kept by the Buyer, and/or have been altered in their essential and/or qualitative characteristics and/or have been damaged in any way.

4. PAYMENTS

4.1 To pay the price of the Products and the relevant shipping and delivery costs, the Buyer may choose any of the methods indicated in the Order Form. Under no circumstances will the Buyer be charged higher costs than those actually incurred by the Seller, in relation to the payment instrument chosen.

4.2 If payment is made by credit card, financial information (for example, credit/debit card number or expiry date) will be forwarded via encrypted protocol to third parties that provide remote electronic payment services, without any other subjects having any access to it whatsoever. This information will never be used by the Seller, except to complete the procedures relating to the correct dispatch of the Order and to issue refunds in the event of any returns of Products, following the exercise of the right of withdrawal by the Buyer, or if it is necessary to prevent or report to the police the commission of fraud on the Website. In any case, all personal data provided by the Buyer will be processed by the Seller, in compliance with the applicable legislation on the subject, as provided for in the “Privacy Policy” section of the Website.

4.3 The price for the purchase of the Products and the shipping costs, as indicated in the Order Form, will be charged to the Buyer’s current account at the time the Products purchased are dispatched.

5. SHIPPING AND DELIVERY OF PRODUCTS

5.1 The Buyer, at his discretion, may decide either to receive the Products he has purchased at an address of his choice or to collect the Products purchased at the single-brand “DIESEL” stores if such store is directly managed by Diesel (“Store”) and chosen among those indicated on the Website. If the Buyer opts for delivery to a Store, he will be notified of the arrival of the Products at the selected Store by e-mail. In this case, the Buyer must collect the Products from the chosen Store within and no later than 20 (twenty) working days from the sending of the aforementioned communication by the Seller. In the event of failure to collect the products Ordered within the aforementioned period of 20 (twenty) working days, the Contract will be considered, to all effects, automatically terminated. Consequently, it will no longer be possible to collect the Products, which will be returned to the Seller by the staff of the selected Store. As a result of the cancellation of the Contract, the Buyer will be reimbursed for the sums paid, according to the terms and conditions which will be indicated by Diesel once the return has been verified and accepted, by means of an e-mail communication. The refund will be paid within 30 working days at the latest, except in cases of force majeure. The time-frame for crediting the bank account varies depending on the payment method used and local banking procedures. When the Buyer goes to the Store to pick up the purchased Products, he will have to show the sales assistant a copy of the e-mail confirming the shipment of the Order, as well as an identity document valid on the date of said collection.

5.2 If the Buyer delegates another person to collect the Products from the Retail Store, that person shall submit, in addition to the e-mail confirming dispatch of the Order, also a photocopy of the document identifying the Buyer together with the proxy conferred by the latter and his own form of ID. Please note that payment cannot be made at the Store. Therefore, there is no cash on delivery option if the Buyer chooses delivery at the Store. If the Buyer chooses delivery to a Store, the delivery times and costs will be the same as those for deliveries to the address indicated by the Buyer. In order to know the specific methods of shipment and delivery of the Products at the address indicated by the Buyer or at the selected Store, the Buyer must access the “Customer Service” section of the Website. Please pay attention to what is reported in that section because the information contained therein is an integral and substantial part of these General Conditions and, therefore, shall be deemed to be fully known and accepted by the Buyer at the time of transmission of the Order Form.

6. CUSTOMER SERVICE

6.1 The Buyer may request any information through the support services activated by the Seller. For any further clarification, we recommend accessing the Customer Service area.

7. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

7.1 The General Conditions are governed by English law.

7.2 In the event of disputes between the Seller and the Buyer, arising from the General Terms and Conditions, the Seller guarantees full approval and acceptance of the conciliation service “RisolviOnline”. "RisolviOnline" is an independent and institutional service provided by the local Chamber of Arbitration of the competent Court, which allows one to reach a satisfactory agreement, with the help of a competent and neutral conciliator, in a peaceful and safe manner, via the Internet. For more information on the "RisolviOnline" rules or to submit a request for conciliation, access "RisolviOnline.com".

8. AMENDMENT AND UPDATE

The General Conditions are accepted by the Buyer in the version published at the time the purchase is made, also with reference to the warranties stated therein. The Seller reserves, in any case, the right to modify the General Conditions from time to time, also in consideration of possible regulatory changes; the updated version of the General Conditions shall become effective from the moment of its publication on the Website.

9. LEGAL WARRANTY

9.1 All products sold by Diesel are covered by the legal warranty for non-conformity in accordance with the legislation applicable to the sale of second-hand goods.

9.2 The Products listed in the Second Hand sections of the Website are used products. For this reason, any signs of wear and tear associated with the qualification as second-hand goods do not constitute a defect or deformity. Therefore, no warranty is provided for such signs of wear. The Buyer can check the description of the Product in the description sheet of the Product's wear and tear conditions (“Excellent”, “Very Good” and “Good”). Each level corresponds to a different state of wear, as specified in the product description.

9.3 Unless otherwise provided for by law, the Legal Warranty is valid for 1 (one) year from the date of delivery of the products and covers non-conformity of the Product at the time of purchase. If the non-conformity becomes apparent within the 6 (six) months, it is assumed - unless proven otherwise - that it already existed upon delivery, unless this assumption is incompatible with the nature of the goods or the nature of the non-conformity.

9.4 In order to benefit from the warranty the Buyer shall notify Diesel of any defect in the Product purchased by e-mailing the Customer Service at onlinecustomerservice@diesel.com or by calling the toll-free number 800125507 during the days and hours indicated on the Website. Any action seeking to claim non-conformity which has not been fraudulently concealed by Diesel will be prescribed, in any event, within 12 (twelve) months from delivery of the Product.

9.5 In the event of a lack of conformity, different from the provisions of point 9.2, the Buyer may activate the return procedure and have the price paid refunded.

9.6 In order to benefit from the conformity warranty, it is advisable to keep and show the purchase documents of the product. For further information on the legal warranty of conformity for consumers, as well as to benefit from the remedies provided by the legal warranty in relation to products purchased from Diesel, the Buyer may contact Customer Services at onlinecustomerservice@diesel.com or by calling the free-phone number 800125507 on the days and at the times indicated on the Website.

9.7 Upon receipt of the report, Diesel will verify the reported lack of conformity and arrange for the withdrawal of the defective product. The products must be returned to Diesel with all the accessories included in the packaging and properly packaged. Diesel will refund the Buyer within a period not exceeding 14 (fourteen) days of the return of the Products.

INFORMATION NOTICE ON THE PROCESSING OF PERSONAL DATA PURSUANT TO ARTICLES 13 AND 14 OF EU REGULATION 679/2016 (“GDPR”)

Your privacy is extremely important to us, please read this information notice carefully.

We wish to inform you in a complete and transparent manner about the personal data processing that the companies listed in paragraph 1 below will carry out on your personal data provided by you and/or collected in the context of the contacts you will possibly have with us, including for example the following:

visiting our stores;
contacting our Customer Service;
visiting the website www.diesel.com (hereinafter the “Site”) and/or the other websites referring to the brand, interacting with our pages on the social networks (eg. Facebook, Twitter, Instagram, Tik Tok, We Chat, Tmall etc.).

1. WHO COLLECT YOUR PERSONAL DATA

The companies collecting and processing personal data as autonomous data controllers (hereinafter the “Data Controllers” or the “Companies”) or as joint controllers are:

OTB S.p.A. (“OTB”), with registered office in Italy, Breganze (Vi), Via dell’Industria 2, 36042, telephone +390445306555, email privacy@otb.net; OTB’s Data Protection Officer (“DPO”) can be contacted at dpo@otb.net;
Diesel S.p.A. (“Diesel”), with registered office in Italy, Breganze (Vi), Via dell’Industria 4-6, 36042, telephone +390424477555, email privacy@diesel.com; the Diesel Data Protection Officer (“DPO”) can be contacted at dpo@otb.net;
DIESEL FRANCE S.A.S. (“Diesel Affiliate”), with registered office in 23 Rue du Mail – 75002 Paris, France, telephone 0033 1 40 13 65 55, email Reception_Diesel_France@diesel.com.

OTB and Diesel carry out some activities as joint controllers, taking jointly the decisions regarding the purposes and means of personal data processing. Hereafter, the term “Joint Controllers” means Diesel and OTB jointly considered when they process data as joint controllers.

To facilitate your understanding of the processing activities carried out by the above mentioned subjects as Controllers or Joint Controllers, we have prepared this document explaining which processing activities are carried out autonomously by each company.

Please consider that said processing activities are not intended for minors and the Data Controllers do not knowingly collect or solicit personal data from anyone under the age of 16. If you are less than 16 years old, please refrain from provide any personal data. This does not affect the applicable contract law such as the rules on the validity, formation or effect of a contract in relation to a child.

2. WHAT PERSONAL DATA WE PROCESS

Each Company collects different categories of personal data according to the purpose for which it processes them.

Herein below we specify which categories of personal data are collected; in the following paragraph we will explain for what purposes each category of data is processed by each Data Controller or by the Joint Controllers as appropriate (hereinafter also “Personal Data” if processed jointly).

Biographical Data: name, middle name, surname, date of birth, gender;
Contact Data: address of residence (street, city, province, state, zip code), domicile, email address, telephone number, mobile number;
Sales Data: shipping and billing address, method of delivery and payment, name of the credit card holder and expiry date of the card, information requested by the Customer Service, VAT number and/or tax code, passport number (the passport number will be used only for purposes related to payment where required by a law and within the limits of that law), Global Blue card number;
Tracking of Newsletters and Actions Data: information relating to the opening of newsletters or links
Data collected in the shop: birthday, presumed age group, in some countries the social network ID, gender, method and date of registration, store and sales assistant preferences, language, product categories of interest, methods of use services, preferences on services possibly noted in the shop, redemption campaign, events attendance, other brands purchased, products tried in the dressing room but not purchased;
Data collected in the shop: birthday, presumed age group, in some countries the social network ID, gender, method and date of registration, store and sales assistant preferences, language, product categories of interest, methods of use services, preferences on services possibly noted in the shop, redemption campaign, events attendance, other brands purchased, products tried in the dressing room but not purchased;
Loyalty Data: your data collected as part of the “House of Diesel” loyalty program, whose Regulation is available at the following link, and based on your engagement with the brand (e.g., social media “like”, “comment”, “share”, “save”, “follow Diesel’s official account”, “share photos on community platform”, “create Wishlist and e-store avatar” etc.);
Navigation Data: data relating to browsing behaviour and/or use of the websites of the Data Controllers using, for example, cookies or information relating to the pages that have been visited or searched for or related to the wishlist collected while browsing or when shopping on the online store. As for the use of cookies, please refer to the Cookie Policy available at the following [http://diesel.com/shop/content/cookiepolicy].

3. FOR WHAT PURPOSES WE PROCESS YOUR PERSONAL DATA

In this paragraph we explain for what purposes each category of data is processed by each Data Controller or Joint Controller.

3.1 PURPOSES OF DIESEL S.P.A.

Diesel is the company that designs, sells and promotes the Brand’s products “Diesel”. It is the company maintaining the contacts with you if you decide to purchase the products through the Site or other websites controlled by Diesel or through other methods provided for by Diesel itself, if you participate in initiatives promoted by Diesel as prize competitions or other promotional initiatives; Diesel is also the company managing the loyalty program that you can sign in. Diesel will process Personal Data for the following purposes.

a) Sales activities and response to other requests made by customers

If you purchase Diesel’s products through the e-commerce service on the Site or through other methods provided for by Diesel itself, Diesel will process your Biographical Data, Contact Data, Sales Data and Purchase Data to conclude the sale, as well as for all activities strictly connected and related to it, such as delivery, where the service is available in-store collection and in-store returned, or other administrative and accounting obligations.

Similarly, Diesel may need to verify the requirements for participating to special discount programs (e.g. verifying if the purchase made is a first purchase or other requirements of the regulation) and to process your Biographical Data or Contact Data to respond to any further requests that you may formulate through the Site or through the Customer Service, through telephone or chat, such as requests for information, assistance, or to be notified by email when a desired product or size becomes available again on the Site, through the “Notify Me” functionality.

Legal basis: this processing is based on the performance of a purchase contract to which you are a party; the provision of the personal data listed above is necessary for this purpose, since otherwise Diesel will not be able to process your request.

b) Loyalty program Registration

The Biographical Data, Contact Data, Purchase Data and Loyalty Data will also be collected by Diesel to manage your request to join the loyalty program ( called “House of Diesel”, whose Regulation is available at the following link). These data will be processed to complete your membership and for all purposes strictly connected to it or instrumental, including - firstly - all the activities provided for in the loyalty program, including benefits emails. Registration could take place: i) online through the Site; ii) offline in the participating shops, by completing the application form present in electronic (tablet or another smart tool) format or through flyers (distributed in shops) with a special QR code, through which customers can join the program themselves via the Site, iii) through further official channels of Diesel S.p.A., (for example, but not limited to social networks such as Facebook, Instagram, WeChat etc.), or iv) through the Customer Service.

All communications relating to the loyalty program may be made by Diesel via the Site, SMS, MMS, Wallet, e-mail, newsletter, social networks and/or any other official communication channel of Diesel. All these communications relating to the program itself are sent solely for the purpose of making available the benefits related to it and do not constitute marketing communications.

Furthermore, by creating an account on the Site in the reserved area, the user will become part of the Diesel’s loyalty program. If you wish to take advantage of the services available on the Site (e.g., purchase products) without joining the program, simply choose the “Guest” option where available (e.g., during checkout for payments).

Legal basis: this processing is based on the performance of a contract for joining the loyalty program to which you are a party; the provision of the Personal Data listed above is necessary for this purpose, since otherwise Diesel will not be able to process your request.

c) Participation in prize contests

Diesel will be able to process your Biographical Data to allow you to participate in prize contest that Diesel could organize. In certain situations, for example to proceed with the delivery of the prize, your Contact Data could also be processed. If participation in the contest requires further information, these will be requested to you upon release of a specific privacy policy.

Legal basis: this processing is based on the performance of a contract for attending the relevant prize contest to which you are a party; the provision of the Personal Data listed above is necessary for this purpose, since otherwise Diesel will not be able to process your request.

d) Marketing

Only with your consent, Diesel will process the Biographical Data, Contact Data and Purchase Data for marketing purposes, that is for advertising on social networks to which you are registered or sending advertising or direct sales material, carrying out market research, commercial communication with automated contact methods (e-mail, newsletter, SMS, MMS, online messaging platforms, etc.) and traditional contact methods (mail).

Legal basis: this processing is based on the consent you have given. In the event that you are registered in the loyalty program and decide to withdraw your consent to marketing, you will continue to receive communications relating to benefits (such as the Birthday or Anniversary Gift or preview access to the new collections and promotions only reserved to members). If, in addition to the withdrawal of consent, you do not want to receive this kind of communication anymore, you will be asked to specify it. Any removal from the loyalty program will also result in the cancellation of your online account, if you have one.

You can at any time withdraw your consent to receive the above-mentioned marketing communications by clicking on the appropriate option in each marketing email received, as well as by writing to the address privacy@diesel.com, or otherwise by contacting the company at the addresses indicated in paragraph 1.

e) Customer satisfaction

Diesel may use your Contact Data to conduct surveys to measure the level of satisfaction (i.e., customer satisfaction) with the service provided (by way of example but not limited to: in-store post-sales surveys; online post-sales surveys; second hand gold shopping surveys etc.). Please note that in any case the communications made for this purpose will not have an advertising content, or direct sales or will be used for market research or commercial communication.

Legal basis: this processing is based on the legitimate interest of Diesel to verify and improve the quality of its services.

f) Other administrative-accounting activities

Diesel may also process your Personal Data for administrative, accounting and internal statistical analysis for business planning purposes.

Legal basis: this processing is based on the legitimate interest of Diesel to improve the quality of its services and business.

3.2 PURPOSES OF THE JOINT DATA CONTROLLERS (DIESEL AND OTB)

Diesel and OTB operate as joint controllers on the basis of a specific agreement for the purpose indicated below.

a) Customer profiling

With your consent, the Joint Data Controllers will be entitled to process Biographical Data, Contact Data, Sales Data, the Data collected in the shop, the Purchase Data, Loyalty Data, Tracking of Newsletters Data and Actions Data and the Navigation Data for profiling purposes and for business analysis, that is for analysis on your purchase preferences consisting of automated processing of the above mentioned personal data. This processing is aimed at analytically knowing or predicting your purchasing preferences also in order to create customer profiles and customize the commercial offer so that it is more in line with your preferences.

Legal basis: this processing is based on the consent you have given.

You will be entitled at any time to withdraw your consent to be subject to profiling by writing to privacy@diesel.com or otherwise by contacting the Joint Controllers at the addresses indicated in paragraph 1.

3.3 PURPOSES OF DIESEL AFFILIATE

Diesel Affiliate is the company that manages the shop where you purchased a product, possibly by phone or other methods provided for by Diesel Affiliate, and to which you have requested assistance services. In some cases, it may be necessary for Diesel Affiliate to become aware of some information concerning you, to process specific requests you may have. Diesel Affiliate will process Personal Data for the following purposes.

a. Sales related services

Diesel Affiliate may need to process your Biographical Data, Contact Data and certain Sales Data (tax code and/or VAT number, passport number and Global Blue card number) to manage your purchase when concluded by phone or other methods provided for by Diesel Affiliate, or issue an invoice, should you request it. Moreover, these data will be processed also to re-contact you for reasons connected with your purchase, for example in case of complaints, to recall a faulty and/or unsafe product or, in general, for technical reasons, e.g., related to the management of problems with refused credit card payments and similar.

Legal basis: this processing is based on the performance of a contract to which you are a party; the provision of the Personal Data listed above is necessary for this purpose, since otherwise Diesel Affiliate will not be able to process your request.

b. After-sales services

Diesel Subsidiary may collect your Biographical Data and Contact Data to process specific requests that you may formulate in the shop, during post-sales; for example, to arrange a repair, a customization, a home delivery or to manage a return.

Legal basis: this processing is based on the performance of a contract of which you are a part; the provision of the Personal Data listed above is necessary for this purpose, since otherwise Diesel Affiliate will not be able to process your request.

c. Contact management – re-contacting the customer

Diesel Affiliate may need to use your Biographical Data and Contact Data in order to re-contact you in the post-sales process if necessary (by way of example but not limited to, re-contact may be required to deal with forgotten items in the shop, to return lost items etc.).

Legal basis: this processing is based on the legitimate interest of Diesel Affiliate in the pursuit of improving its performance and its relationship with the clients.

3.4 PURPOSES OF ALL DATA CONTROLLERS OR JOINT CONTROLLERS

Finally, each Data Controller or Joint Controller may need to comply with a specific legal provision to which it is subject or to defend its own right in court.

a. Purposes related to the obligations established by laws or regulations, by decisions/requests of competent authorities or by supervisory and control bodies

Each Data Controller or Joint Controller may process your Personal Data to comply with a legal obligation to which it is subject.

Legal basis: compliance with a legal obligation.

The provision of data for this purpose is mandatory because in the absence of data the Data Controller or the Joint Controller will not be in a position to comply with their legal obligations.

b. Defense of rights during judicial, administrative or extra-judicial proceedings and in disputes arising in connection with the services offered

Your Personal Data may be processed by each Data Controller or Joint Controller to defend their rights or take legal action or make claims against you or third parties, including the prevention of frauds.

Legal basis: this processing is based on the legitimate interest pursued by the Data Controller or Joint Controller to protect their rights.

4. WHAT PROCESSING ACTIVITIES WE CARRY OUT IF YOU’RE USING OUR SITE AND YOU NAVIGATE WITHOUT BEING LOGGED IN

The Site is owned by Diesel. It is possible to browse the Site without having to actively communicate your Personal Data if you are not logged in. In this case, while browsing the Site we inform you that the computer systems and software procedures used to operate the Site acquire, during their normal operation, some data whose transmission is implicit in the use of Internet communication protocols.

This is information that is not directly associated with identified users, but which by its very nature could, through processing and association with data held by third parties, allow these users to be identified.

This category of data includes the IP addresses or domain names of the computers used by users who connect to the Site, the addresses in URI (Uniform Resource Identifier) notation of the requested resources, information regarding access, information regarding location , the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc.), the information regarding the user’s visit including data clickstream of the URL, within and from the Site, the duration of the visit on some pages and the interaction on these pages and other parameters relating to the operating system and the user’s IT environment.

These data are collected through the use of “cookies”. We specifically use browser cookies for various purposes, including cookies strictly necessary for the operation of the Site and the use of services through the appropriate features, and the cookies that are used for personalization, performance/analysis and promotional activities. Our Cookie Policy, available [http://diesel.com/shop/content/cookiepolicy], contains more information regarding the use of cookies on the Site, as well as the options for accepting or rejecting them.

Subject to your consent if needed, the data collected while browsing the Site will be processed to (i) manage the Site and resolve any operating problems, (ii) make sure that the content of the Site is presented in the most effective way for its devices, developing, testing and making improvements to the Site, (iii) as far as possible, to keep the Site safe and secure, (iv) to obtain anonymous statistical information on the use of the Site and to check its correct functioning, (v) identify anomalies and/or abuses in the use of the Site. The data could also be used to ascertain responsibility in case of possible computer crimes committed against the Site or third parties and may be presented to the Judicial Authority, if this makes an explicit request.

5. WHAT HAPPENS IF YOU DO NOT PROVIDE PERSONAL DATA

Some Personal Data that we will indicate you from time to time during the registration or purchase process are necessary for the completion of the purchase contract and for administrative and accounting purposes.

In the description of the purposes in paragraph 3, we have specified when it is necessary to provide Personal Data. Where not expressly indicated as mandatory, therefore, the provision of Personal Data is optional and there will be no consequences if you do not provide them, if not the impossibility for the Data Controllers or Joint Controllers to act as described (for example, the impossibility to carry out marketing activities).

6. HOW AND HOW LONG WE WILL PROCESS PERSONAL DATA

The Personal Data provided to and/or collected by the Data Controllers or the Joint Controllers are processed and stored with automated tools and, in some cases, may be processed and stored on a paper backing. In particular, the Personal Data processed for purposes of marketing and of customer profiling will be entered and stored in the Customer Relationship Management (or CRM) systems that allow the processing of Personal Data for these purposes.

The Personal Data will be stored for the time necessary to achieve the purposes for which they were collected. In particular, the following rules will apply:

data collected to enter into and perform purchase contracts, including payments: up to the conclusion of administrative and accounting obligations. The billing data will be archived for 10 years from the fiscal year-end;
data of the registered user for joining the loyalty program: the data will be kept as long as the account is active. If the user does not use his or her account for two years in a row, said account and associated data will be erased. Even after the termination of the account, we will retain the data if this will be necessary to comply with legal obligations, to protect our rights or to prevent fraud;
data related to data subjects’ requests: the data will be stored until the request is satisfied. The data related to the right to object to direct marketing will be kept for three years following your request to ensure its effectiveness;
if you have provided your consent, the Personal Data collected via the cookies used on our websites will be retained for the retention periods set out in the Cookie Policy available at the following [link];
data collected and processed for customer satisfaction will be retained for 30 days;
if you have provided your consent, the data processed for purposes of marketing and customer profiling will be stored for a period of 7 years (also according to an ad hoc provision provided for by the Italian Supervisory Authority, upon Diesel’s request). In any case, you will not be contacted again for marketing and profiling activities 7 years after your last interaction with us or even earlier if you revoke the consent previously given. The events that identify this “interaction” may include, but are not limited to, a purchase, opening an email sent, participation in a survey, contest or event, interaction with Customer Service or a store, access to the “MyAccount” area, etc. For completeness, we would like to point out that, at any time, it is possible to review and modify your previously expressed consents in the “MyAccount” area of the Site, by contacting Diesel at privacy@diesel.com or the Customer Service.

In any case, for technical reasons, the termination of the processing and the consequent cancellation or irreversible anonymization of the related Personal Data will be definitive within thirty days from the terms indicated above.

With particular reference to the judicial protection of our rights or in case of requests from the authority, the data processed will be stored for the time necessary to process the request or to protect the right.

7. WHERE PERSONAL DATA MAY BE TRANSFERRED

For the purposes indicated above, we may also transfer your Personal Data to third countries, not belonging to the European Union, which may possibly do not guarantee the same level of protection. The transfer to third countries will always take place in accordance with the provisions of the GDPR, adopting any other measures necessary to ensure the security of the personal data being transferred. These measures possibly include agreements incorporating the so-called “standard contractual clauses” issued by the European Commission or your consent. You can ask for information regarding these third countries and how to obtain a copy of the appropriate safeguards using the following email: privacy@diesel.com or the contact details indicated in paragraph 1.

8. WHO WILL PROCESS PERSONAL DATA

Personal Data will be processed by:

employees and collaborators of the Data Controllers or of the Joint Controllers processing data under the authority of the Data Controllers or of the Joint Controllers;
employees and collaborators of the Data Processors designated by the Data Controllers or Joint Controllers, including (i) the companies managing the shops and the online store and who will be entitled to view, modify and update the Personal Data entered in the CRM systems through which the Data Controllers or the Joint Controllers carry out the processing activities for marketing and profiling purposes (ii) the companies managing the storage of the Personal Data of the Data Controllers or Joint Controllers based on agreements or local regulations;
third parties established in the European Union and also outside the European Union, Data Processors, used by the Data Controllers or Joint Controllers in particular for services of: personal data acquisition and data entry, shipping, mailing of promotional material , after sales assistance and Customer Service, market research, management and maintenance of the CRM systems through which the Data Controllers or Joint Controllers carry out processing activities for marketing and profiling purposes and of the other corporate information systems of the Data Controllers or Joint Controllers of the processing. The complete list of Data Processors appointed by the Data Controllers or Joint Controllers can be requested to the following email address privacy@diesel.com or writing to the postal addresses indicated above.

Personal Data may also be disclosed to third parties, independent data controllers, in particular to freelancers or companies providing legal or tax advice and assistance and to companies managing payments made by debit or credit cards or for fraud prevention and management activities. Furthermore, in order to be able to offer you Klarna’s payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you. General information on Klarna you can find here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_us/privacy). Your personal data is handled by Klarnas as Data Controller in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

Personal Data will not be disseminated in any way.

9. YOUR RIGHTS

Pursuant to Chapter III of the GDPR, you have the right to ask each Data Controller or Joint Controller:

to access to your Personal Data;
to receive the copy of the Personal Data you provided us (so-called “data portability”) and to have data transmitted to another controller, if technically possible;
the rectification of the Personal Data in our possession;
the erasure of any Personal Data in relation to which we no longer have any legal basis for processing;
the limitation of the way in which we process your Personal Data, within the limits set by the applicable law data protection law.

Right to object: in addition to the rights listed above, you always have the right to object at any time to the processing of your Personal Data carried out by the Data Controller or Joint Controller for the pursuit of its legitimate interest. More specifically, you have the right to object to direct marketing, which includes profiling. If you prefer that the processing of your Personal Data is carried out solely through traditional contact methods, you can object to the processing of your personal data carried out through automated contact methods.

You also have the right to withdraw, in whole or in part, the consent to the processing of Personal Data concerning you for the purpose of sending advertisements or direct selling or for carrying out market research or commercial communication with automated contact methods (e-mail, other remote communication systems via communication networks such as, for instance: SMS, MMS, messaging platforms, etc.) and traditional contact methods (mail).

Lastly, you have a post-mortem right to privacy in accordance with the amended French Data Protection Act of 1978. During your lifetime, you may choose to designate a person to carry out the specific or general instructions you provide them on how to store, delete or communicate the personal data relating to you after your death. If the instructions relate only to the Personal Data we hold about you, you may choose to directly notify us such instructions.

The exercise of these rights, which can be done through the contact details indicated in paragraph 1, is not subject to formal constraints. In the event that you exercise any of the above mentioned rights, it will be the responsibility of the Data Controller or Joint Controller that you contacted to verify if you are entitled to exercise the right and to provide you with an answer, normally within a month.

As regards the Joint Controllers relationship, please note that OTB and Diesel entered into a specific agreement pursuant to article 26 of the GDPR, an extract of which is available for consultation contacting each of the Joint Data Controllers using the contact details indicated under paragraph 1.

If you believe that the processing of your Personal Data is carried out in breach of the provisions of the GDPR, you have the right to lodge a complaint with your local competent Data Protection Authority (whose contact details can be found here: https://edpb.europa.eu/about-edpb/about-edpb/members_en) or to start the appropriate legal actions before the competent courts.

To exercise your rights, you can send a request to the Data Controllers or Joint Controllers by writing to the addresses indicated in paragraph 1. The OTB and Diesel’s Data Protection Officer can be contacted at the email address dpo@otb.net.

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