The following general sales conditions (hereafter “the General Conditions”) are drafted in compliance with legal provisions of the Civil Code, the Legislative Decree no. 70 of 09.04.2003 on the services of the information society and electronic commerce, as well as the Legislative Decree n. 206 of 06.09.2005 (so-called Consumer Code), with particular reference to articles from 45 to 67, and regulate the offer and sale of products on the website https://shop.dulevo.com/ (hereafter "the Site").
The products branded “DULEVO INTERNATIONAL” marketed on this website (hereafter “the Products”) are sold by “BARETZ S.r.l.”, (C.F. and VAT number IT02314870342) with headquarter in Parma (PR), via Franklin 31, 43013, e-mail: firstname.lastname@example.org, pec: email@example.com , which is owner of the website and hereafter it will be named “the Seller”.
1.1 The General Conditions regulate all the sales contracts stipulated on the Site.
1.2 The General Conditions can be subject of modifications at any time; therefore any user should be aware of them before performing any purchase.
1.3 Any Sales contract will be subject to the General Conditions valid at the moment of relative purchase order.
1.4 The General Conditions apply regardless of the User’s nationality, provided that the delivery of Products must take place in one of the countries for which the Site provides the online sales service, as specified in point 2, and that country must correspond to the country where the User is registered.
2) SHIPPING COUNTRIES
2.1 The Purchase of Products on the Site is actually feasible if the shipping is to happen in any country.
2.2 The Seller has the right to modify the list of countries at the point 2.1.
3) PURCHASES ON THE SITE - LIMITATIONS
3.1 The Purchase of Products on the Site is exclusive for natural people who act as “consumers” and who are aged 18 (eighteen) or to legal people.
3.2 The Purchase on the Site by the User implies his full knowledge and acceptance, with no reservations, of the General Conditions.
4) INFORMATION AIMED AT THE CONCLUSION OF THE CONTRACT
4.1 To perform purchases on the Site the User has to fill out the specific online login-form present of the Site.
4.2 It is forbidden for the User to enter data and information, in whole or in part, false or untruthful; therefore the data provided must be personal and real.
4.3 The User when filling out the login-form is responsible for the following:
- The correctness and truthfulness of the data required for the activation of the service;
- Of being aged at least 18.
- Of acting as “consumer”.
4.4 After having completed the login-form, the User has to fill out an electronic order-form prepared by the Seller and send it electronically, in the respect of the instructions.
4.5 As according to the law, before proceeding with the order of Products, the User has to read the information present at the art. 49 of the Consumer Code, which are also available on the Site, as well as the information relating to the right of withdrawal present at the art.9.
4.6 As foreseen by the art. 51 paragraph 3 of Legislative Decree no. 206/2005, the Site utilizes the specification “Order with obligation to pay” in order to perform the order.
4.7 To finalize the order the User has to confirm the economic transaction relative to the payment of the price of the Products inserted in the cart. To this end, after having selected the Products and confirmed his data, the User will be connected to the website of the institution in charge of administrating the economic transaction.
4.8 If the economic transaction is not confirmed by the User, the relative order will be automatically canceled.
4.9 Based on the confirmation of the validity of the User’s method of payment indicated in the order and the confirmation of it, the Seller will send to the User, via email, to the email address provided in the login-form, a written confirmation of the order, as foreseen by the art. 51 paragraph 7 of the Legislative Decree n. 206/2005.
4.10 The Offer of Products on the Site is considered an offer to the public according to the art.1336 cc; therefore performing an order on the Site implies the acceptance of the aforementioned offer. The contract, therefore, is considered concluded when the Seller knows of the User's acceptance, formalized by means of the order form above.
4.11 However the Seller retains the right of not accepting the order in case of missing authorization of payment of the credit card by the managing institution or in case of order not correctly inserted.
4.12 The User can be updated on the state of his order via email or by contacting the Customer Service.
4.13 The User should always keep the order number given by the Seller, which will be used in the communications between the two parts.
4.14 The languages available on the Site are: Italian and English. These will serve to close any sale on the Site.
4.15 The User, once completed the online purchasing procedure, should always bear in mind the General Conditions, which will have, however, already read according to mandatory steps of the purchasing procedure.
4.16 In case of not acceptance of the order, the Seller will communicate it timely to the User via email.
5) SELECTION AND AVAILABILITY OF PRODUCTS
5.1 The Products offered on the Site are merchandising products which are published on the Site in the moment when the order of the User takes place.
5.2 The range of Products can be subject of periodic changes by the Seller, who therefore does not ensure the permanency of the product online.
5.3 On the catalogue, each product has a descriptive card which indicates its main characteristics and conditions of use. The images and colors on descriptive card may present some differences compared to the natural color of the Product due to the effect of different computers systems and devices used. Therefore the images must be considered indicative of the product and please be reminded that tolerance of small differences must be always maintained.
5.4 Despite it may be possible to select a product, there may not be availability at the moment of the order. In this case the Seller will propose timely to the User, via email, the termination of the contract and the related reimbursement inclusive of the price and the transportation costs if charged already.
6) PRICES, PURCHASING CONDITIONS AND METHODS OF PAYMENT.
6.1 The selling prices are those indicated when performing an order and have to be considered inclusive of VAT, if applicable, based on which country the Product will be shipped to; the prices are all presented in currency € (euro).
6.2 The prices on the catalogue can be subject of variations without notice. Therefore it is responsibility of the User to ascertain the price before confirming the order.
6.3 Moreover the Seller retains the right of applying different transport costs depending on the shipping country of the Products.
6.4 The payment of the Products must be carried out only with the following methos:
- Credit card (Visa, Mastercard, American Express);
6.5 The selling price will be charged upon conclusion of the order.
7) TERMS OF DELIVERY, EXPENSES AND OTHER CHARGES
7.1 The Products are delivered, with contracted couriers, directly to the User, to the address indicated in the order-form.
7.2 It is possible to collect the Products bought on the Site directly at the Seller warehouse.
7.3 The expenses and methods of shipping vary based on the shipping country and on the methods of shipping chosen by the User.
7.4 These expenses and any additional costs (such custom duties) will be charged on the User. The User must be aware that custom duties will not be calculated and applied by the Seller and they could also vary depending on the shipping country of the good.
7.5 The time of delivery of the Products changes based on the shipping country and on the chosen methods of shipping.
7.6 As for the Products to be delivered in Italy, the delivery is to take place within 5 working days; as for the delivery extra Italy the time of delivery vary based on the chosen method of shipping. The time of delivery on the Site are to considered indicative and not binding.
7.7 Not all methods of shipping usually in place with the contracted couriers are available for all countries in which it is possible to buy the Products online.
7.8 For domestic (Italy) as for foreign shipping, the terms of delivery indicate that in case of missing recipient, the courier will leave a message, to later perform the shipping, containing the contact details to arrange the second delivery.
7.9 The User has always the possibility to check the state of his order by contacting the Customer Service at the following email address: firstname.lastname@example.org
7.10 The delivery of the good is considered completed when the consumer, or an indicated person apart from the Courier, has physically the good; from that moment on, as for the law, the risk of losing or damaging the Products has moved to the User.
8) OBLIGATIONS OF THE USER UPON DELIVERY
8.1 The User must bear in mind that the withdrawal of the Products is an obligation deriving from the contract with the Seller.
8.2 In case of missing delivery due to the absence of the recipient on the attempts made according the procedure of the courier, the Product will be remain in storage.
8.3 If, in the terms indicated by the courier in the notice left to the User, the Product is not collected, it will be returned to the Seller.
8.4 The Seller reserves the right to refuse orders from Users in respect of which the Seller has previously relied on the termination-clause expressed for non-fulfillment of the obligation to receive delivery of the Products.
8.5 Upon receipt of the Products, the Customer is obliged to check their conformity in relation to the order, paying attention, in particular, to:
- The number of packages indicated on the carrier's letter corresponds to the number of packages actually delivered;
- The packaging is intact and undamaged, neither tampered with.
Any anomalies (such as, for example, tampering, damage to the package) must be specifically indicated in writing directly on the courier transport document, and the User must refuse the delivery. At the same time, the User will be required to report the fact to the Seller, by e-mail.
8.6 The User is invited, therefore, to sign the transport document only after the checks referred to in Article 8.5.
8.7 If the User does not proceed in accordance with the preceding points, and therefore accepts the delivery of the Products even in the case of damaged or tampered packaging, the User will lose the legal guarantee of conformity of the Products.
9) RIGHT OF WITHDRAWAL
9.1 The User, as a consumer, has the right to withdraw from the contract of sale of the Products, as established by art. 52 of the Legislative Decree n.206 / 2005 (Consumer Code), without having to provide any explanation and without penalty.
9.2 The User may exercise the withdrawal within 14 days from the moment in which the User or the third party, other than the carrier, and designated by the User, will acquire the possession of the Products
9.3 In the case of multiple goods ordered with a single order and delivered separately, the deadline referred to in art. 9.2 will start from the day on which the User, or the third party other than the courier and designated by the User, will acquire possession of the last product.
9.4 In case of delivery of an asset consisting of lots or multiple pieces, the term referred to in art. 9.2 will start from the day on which the User, or the third party other than the courier and designated by the User, will acquire the physical possession of the last lot or piece.
9.5 Before the expiration of the deadline referred to in art. 9.1, the User will inform the Seller of his decision to exercise the right of withdrawal from the contract. To this end, the User may use the withdrawal Form, prepared in accordance with Annex I Part B to the Consumer Code , otherwise, submit to the Seller any other explicit declaration of his decision to withdraw from the contract, and send the aforementioned by means of racc.ar, or by fax or by e-mail, to the addresses already indicated in the Instructions on the right of withdrawal received before ordering.
9.6 The withdrawal deadline will be considered respected by sending the notice of withdrawal before the expiration of the withdrawal period, as determined above.
9.7 In the communication of withdrawal the User must specify the Products for which he intends to exercise the right of withdrawal.
9.8 Upon receipt of the notice of withdrawal, if timely, the Seller will refund to the User all payments received, including delivery costs, with the exclusion of additional costs if the User has expressly chosen a type of delivery different from the standard delivery type offered from the Seller, without delay and in any case within 14 days from the day on which the Seller has received the returned Products; the refund will be made using the same payment method used by the User for the sale in relation to which the withdrawal was exercised.
9.9 The Seller will have the right to withhold the refund until he has received the Products.
9.10 The User, once the withdrawal has been exercised, must return the Products, without undue delay and in any case within 14 days from the date in which he communicated to the Seller his decision to withdraw from the contract, by sending the aforementioned to the following address: email@example.com
9.11 The direct costs for the return of the Products will be borne by the User who exercises the withdrawal.
9.12 For the purpose of compliance with the deadline for return, the Products are considered shipped when they are delivered to the accepting post office or to the forwarder.
9.13 The Products must be returned in the original packaging with which they were received, including any accessory documents such as tags, labels and seals intact and still attached to the Product, etc.
9.14 For the return of the Product, the User may use the postal service or a carrier of his choice.
9.15 The User is responsible for all risks of loss or damage to the Products during shipment to the Seller.
9.16 As foreseen by the art. 57 paragraph 2 of the Consumer Code, the User will be responsible for the diminished value of the Products returned resulting from the manipulation of the aforementioned other than that strictly necessary to establish the nature, the characteristics and the functioning.
9.17 In the event that, upon receipt of the return, the Seller should find a decrease in the value of the Products attributable to the User, the Seller will be entitled to offset the amount corresponding to the aforementioned reduction in value with the amount to be reimbursed to the User due to the withdrawal; in this case, the Seller will inform the User within 14 days of receipt of the return.
10) LEGAL GUARANTEE OF CONFORMITY
10.1 All Products marketed through the Site have the legal guarantee of conformity established by articles 128 and following. of the Consumer Code, applicable only to the user who - regardless of what was stated at the time of stipulation - is qualified to the effects of the law as "consumer".
10.2 According to the law, the Seller has the obligation to deliver to the User goods that comply with the sales contract.
10.3 The Seller is liable to the User for any lack of conformity of the existing Products at the time of delivery of the aforementioned, which occur within two years from delivery.
10.4. To benefit from the aforementioned warranty, the User must report the lack of conformity to the Seller within two months from the discovery, under penalty of forfeiture.
The User must accurately and completely describe the defects contested also through photographic images of the same.
10.5 The Seller will acknowledge the User's communication, giving him instructions for shipping the defective product, which will be at the expense of the first.
10.6 The Seller will have the right to ask the User to attach to the Product for which he intends to assert the warranty the purchase invoice or other document certifying the date of completion of the sale.
10.7 If operative, the legal guarantee of conformity will entitle the User to obtain free repair or replacement of the Product, at his choice, unless the remedy requested is objectively impossible or excessively burdensome compared to the other available.
10.8 The User will have the right to request, at his choice, a price reduction or the termination of the sales contract, only if the repair or replacement is impossible or excessively expensive, or the repair or replacement has not occurred within the terms reasonable or the repair or replacement carried out have caused significant inconvenience to the User.
10.9 In no case will a minor lack of conformity give the right to terminate the contract.
10.10 Are excluded from the defects of conformity and, therefore, from the legal guarantee, any faults or damages caused by accidental events, from normal wear and tear, from the User's responsibility, from use of the product not conforming to the destination, or from non-compliant use with the "care and maintenance" guidelines available online in the appropriate section and / or made by the seller at the time of stipulation and / or present in the product or package.
11.1 The Users' data are processed in compliance with the Legislative Decree no. 196/2003 (Privacy Code), as specified in the informative documentation on the processing of personal data provided to the User when completing the login form .
12) COMPLAINTS AND COMMUNICATIONS
12.1 For any further information, assistance or complaint the User can contact the Seller to the following:
13) APPLICABLE LAW AND JURISDICTION
13.1 The sales contract concluded pursuant to the General Conditions is governed exclusively by Italian law. Both parties exclude the applicability of international conventions (such as the 1980 Vienna Convention on contracts for the international sale of goods), as well as of the conflict rules
13.2 For any dispute that may arise regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned, the Court present in the place of residence or domicile of the User will have jurisdiction over the matter, whether the consumer is resident or just has domicile in Italy.
13.3 If the User is not resident or has no domicile in Italy, for any dispute that may arise between the Seller and the User regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned, The Court of Parma will have jurisdiction over the matter. The seller reserves the right to appeal to the judge of the foreign State where the buyer is domiciled.