General Conditions of Online Sale E-commerce www.dalavoro.com
the company imprendo s.r.l.s. (Soc. Unipersonale) with registered office in Fagnano Castello (cs) via Mafalda di Savoia 28/30
Tel. 0984526251 - Email: email@example.com - P.I. see. 03412990784 - Registered with R.e.a. CS-233807 In the business register of the Province of Cosenza
Share capital € 9,000.00 Fully paid up - owns the shop www.dalavoro.com
1.1 These general conditions of online sale (hereinafter the "GCS") govern the contract (hereinafter the "CONTRACT") for the sale of products (hereinafter the "PRODUCT " or the "PRODUCTS") offered by the Company IMPRENDO S.R.L.S. with headquarters in Fagnano Castello, Via Mafalda Di Savoia 28/30 - VAT number 03412990784 (HEREINAFTER CALLED "SUPPLIER") - through the Internet site www.dalavoro.com (hereinafter the "SITE") to users of the SITE (of hereinafter the "CUSTOMERS" or the "CUSTOMER").
1.2 The art. 6 and 7 of these GCS (withdrawal) will apply only and exclusively if the CUSTOMER qualifies as a "consumer" pursuant to art. 3, Co. 1, lett. a), of Legislative Decree 6 September 2005, n. 206, i.e. "the natural person who acts for purposes unrelated to any business or professional activity carried out".
2. Effectiveness and modification of the GCS
2.1 The GCS are published on the SITE to be easily read and known by the CUSTOMER before purchasing a PRODUCT, accepted before the forwarding of the purchase order, stored on your computer and reproduced on paper by printing the file in which they are contained.
2.2 The GCS applicable to the sale of the PRODUCTS are those published on the WEBSITE on the date of the order relating to the PRODUCTS. The CUSTOMER, therefore, must carry out the above operations before proceeding with each purchase.
2.3 The mere tolerance or failure to dispute by the SUPPLIER of any defaults by the CUSTOMER with respect to what is contained in the GCS cannot be interpreted as tacit acceptance of such defaults, nor as a desire to derogate from what was agreed between the parties.
3. Sales procedure
3.1 The offer of the PRODUCTS presented on the SITE is subject to their actual availability.
3.2 The CUSTOMER who intends to proceed with the purchase of the PRODUCTS must express this intention through a request made directly on the SITE, in the specifically dedicated section, where, following the procedures indicated therein, he will send his purchase order and make the payment. The data communicated for payment will be communicated to and processed by the SUPPLIER.
The technical phases to be performed for the conclusion of the Contract are as follows: - The CUSTOMER must register on the SITE, communicating their email address and a password of their choice, which will become the credentials for accessing the SITE.
- The registered CUSTOMER will be able to access the online catalog, where he will be able to view and learn about the PRODUCTS, any duration of the offer, including the essential characteristics of the PRODUCT and the price; may also view the photographs of the PRODUCT, published for the sole purpose of illustrating the PRODUCT itself.
- Within the catalogue, the CUSTOMER will be able to choose the PRODUCT to purchase which will automatically enter the "cart" section, where it is possible to know before purchasing and payment, shipping costs and expected delivery times based on the type of shipping that the CUSTOMER himself will have chosen.
- To confirm the order, the CUSTOMER, in the "cart" section, must enter the shipping address and any other data useful for payment, including the details, these data remain modifiable until the final forwarding of the order, which can be performed by "clicking" on the "confirm" button.
3.3 Payment of orders and Conditions:
a) Cash on Delivery, € 2.50 fixed commissions (VAT included) will be added to the cart, recognized to the courier for the management and collection of cash. (ONLY FOR ITALY)
b) By Credit Card or PayPal, The order will be managed a Transaction completed regularly.
c) With Advance Bank Transfer, The order will be managed upon receipt of the Bank Transfer.
When calculating the order, transport costs may vary slightly for deliveries to particular areas.
3.4 In case of multiple orders, as many contracts will be understood as stipulated as the PRODUCTS ordered. The effectiveness of each contract is subject to the effective availability of the PRODUCT, as specified in the following art. 4.2.
3.5 The essential characteristics of the PRODUCTS, including any duration of the offer, the price including VAT and the delivery costs, are viewable and knowable by the CUSTOMER in a moment prior to the conclusion of the Contract and from the execution of the payment. In particular, the essential characteristics of the PRODUCTS can be viewed by accessing the SITE catalog where the SUPPLIER, in addition to the description and characteristics of the PRODUCT, will also publish, if possible, photographs for the sole purpose of representing the PRODUCT. The SUPPLIER does not charge any tariffs or impose any fees for accessing the SITE. The expenses incurred by the CUSTOMER are exclusively those of Internet navigation, as agreed between the CUSTOMER and its Internet Provider, the SUPPLIER remaining completely unrelated to this relationship.
3.6 Once received the purchase order, the SUPPLIER will send the CUSTOMER the order receipt, in Italian, containing a summary of the information relating to the sale and will proceed with the fulfillment of the purchase order, except as provided in the following art. 4.2.
4. Rights and obligations of the supplier
4.1 Delivery of PRODUCTS:
The SUPPLIER undertakes to deliver the PRODUCTS to the address communicated by the CUSTOMER in the purchase order, by means of the carrier responsible for their transport.
The SUPPLIER cannot be held responsible for delivery errors due to inaccuracies or incompleteness in completing the purchase order by the CUSTOMER.
Moreover, the SUPPLIER cannot be held responsible for any damage that may occur to the PRODUCTS after delivery to the carrier in charge of their transport as well as for delays in delivery attributable to the latter.
THE SUPPLIER delivers throughout the Italian territory. If the CUSTOMER intends to place a purchase order through the SITE from abroad, he must necessarily communicate a delivery address by establishing the shipping costs. Delivery is made by express courier; PO Boxes are not considered valid addresses for delivery purposes.
4.2 Availability and delivery times of PRODUCTS:
DELIVERY times are:
To know the Delivery Times:
We suggest that you first choose the item to purchase and then select the desired size, if present.
For products in state (AVAILABLE) Delivery in 24/48 hours (Saturdays and holidays excluded) for ITALY;
For products in state (AVAILABLE) Delivery in 03 to max 15 working days (it will depend on the product ordered) for ITALY.
The delivery times indicated are not binding. However, the Seller will do everything in its power to respect the delivery times indicated.
Once the Order has been completed, THE CUSTOMER will IN ANY CASE be informed by EMAIL of the shipping date.
The CUSTOMER will be able to express the will to cancel the order placed, (if not yet shipped) by giving written communication via email to firstname.lastname@example.org within 24 hours of the communication received, otherwise the order will be considered automatically confirmed.
In the event that one or more purchased products are no longer available for sale - THE SUPPLIER will notify the CUSTOMER - both by telephone and by email to the contacts that the CUSTOMER will have associated with his PROFILE - the order will be considered CANCELLED and if it has already been paid by the Customer, the SUPPLIER - once the cancellation has been confirmed - will proceed with the immediate refund of the amount. Where possible, exclusively on the SUPPLIER's proposal and with the CUSTOMER's written confirmation, a product other than the one ordered may be delivered provided that it is of equivalent value.
4.3 Promotions: THE SUPPLIER develops during defined time intervals, promotional campaigns in order to promote the registration of new CUSTOMERS in its service. the SUPPLIER reserves the right to interpret the conditions of application of the promotions, extend them by communicating it in the due manner and time, or proceed with the exclusion of any participant in the promotions in the event that anomalies, abuses or unethical behavior are identified in their participation .
5. Rights and obligations of the customer
5.1 The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided to the CONTRACTOR and requested by the latter via the SITE , and undertakes to promptly communicate any changes to the data entered.
5.2 The CUSTOMER, upon confirmation of the purchase order, declares:
a) to have read , understood and accepted the GENERAL CONDITIONS OF SALE.
b) to authorize the SUPPLIER to process the personal data communicated at the time of purchase and the personal data necessary for processing the payment according to the methods indicated.
< strong>5.3 Once the purchase procedure on the WEBSITE has been completed, the CUSTOMER undertakes to both save an electronic copy and print the Contract and the GCS for the purpose of their conservation, as indicated in the previous art. . 2.1 .
5.4 Payments: In the case of payment by credit card, the CUSTOMER undertakes, at the SUPPLIER's request, to send a copy of the document within 24 hours identity proving the effective ownership of the credit card used, it being understood that, in the absence of the requested delivery, the SUPPLIER may refuse payment and cancel the order. The purchase receipt corresponding to the order will be displayed on the WEBSITE and can be printed using the appropriate link.
5.5 Shipment Delivery: Upon delivery of the PACKAGE to the CUSTOMER by the carrier assigned TO transport, the CUSTOMER must check, in the presence of the carrier, the integrity of the package, i.e. that the packaging is intact, not damaged, wet or otherwise altered, even only in the closing materials, in the event that there are anomalies at the time of delivery. The CUSTOMER has the right to REFUSE the PACKAGE or ACCEPT IT SUBJECT TO VERIFICATION, THESE DETECTED ANOMALIES SHOULD BE NOTED ON THE TRANSPORT DOCUMENT IN THE PRESENCE OF THE CARRIER ITSELF.
5.6 Assistance: For any need for assistance or complaints relating to the PRODUCTS purchased, the CUSTOMER must contact THE SUPPLIER at the addresses indicated in point 11 of the GCS.
5.7 The SUPPLIER has the right to cancel the order if the CUSTOMER has previously refused delivery of an order without a valid reason. In this case, the SUPPLIER is obliged to contact the customer and communicate the obligation to pay in advance.
6.1 the SUPPLIER will provide, in relation to the PRODUCTS purchased by the CUSTOMER, the legal guarantee of compliance with the conditions and terms set forth in articles 128 et seq. of Legislative Decree No. 206/2005. In particular, in the event of a lack of conformity, the CUSTOMER will have the right to obtain a compliant replacement product or a refund of the price. Upon receipt of the complaint, if the CUSTOMER requests the replacement of the non-compliant product, the SUPPLIER will check the availability of the replacement product (compliant with the order specifications) and, in the event of non-availability, will credit the CUSTOMER with the entire amount to shipping costs. The replacement of the non-compliant product is in no way guaranteed. The CUSTOMER may in any case directly request the return of the product price (and shipping costs).
6.2 The rights arising from the legal guarantee of conformity may be exercised provided that the PRODUCTS have been used correctly, with due diligence and in compliance with the intended use and as provided for in the enclosed indications, as well as upon presentation by the CUSTOMER of the delivery note received and indication of the order number. The costs relating to the return of PRODUCTS due to the exercise of the guarantee will be borne by the SUPPLIER.
6.3 The legal guarantee of conformity applies only to defects not resulting from normal use of the PRODUCT.
7. Right of withdrawal
7.1 The CUSTOMER has the right to withdraw from the Contract, without any penalty, specifying the reason, within and no later than fourteen working days from receipt of the property at the address:
IMPRENDO S.R.L.S. - E-COMMERCE WWW.DALAVORO.COM
via Mafalda di Savoia, 28/30
87013 - Fagnano Castello (CS)
The date shown on the delivery note.
7.2 The CUSTOMER may exercise the right of withdrawal through the guided procedure called "return", available on the WEBSITE in the section dedicated to his account "your accounts". This procedure is described at the bottom of these general conditions.
7.3 If the PRODUCT has already been delivered, the CUSTOMER is required to return it to the SUPPLIER To this end:
- the deadline for returning the PRODUCT is fourteen days from receipt of the same; the date shown on the delivery document is full proof. For the purposes of expiry of the term, the PRODUCT is considered returned when it is delivered to the accepting post office.
- If the PRODUCT has been delivered, the substantial integrity of the PRODUCT to be returned is an essential condition for the exercise of the right of withdrawal. Consequently, the PRODUCT must be returned in the original packaging, complete with wrapping, packaging and labels with which it was equipped at the time of shipment to the CUSTOMER.
7.4 The costs of returning the goods to the SUPPLIER are borne by the CUSTOMER, who must send the PRODUCT duly packaged and packaged; THE SUPPLIER does not accept returns that are damaged, but kept in a normal state of conservation, kept with the use of normal diligence. The CUSTOMER must insert a copy of the delivery document inside the packing box.
7.5 If the CUSTOMER exercises the right of withdrawal in accordance with the provisions of these GCS, THE SUPPLIER will reimburse the sums paid by the CUSTOMER on the payment card indicated by the same for the purchase or in the form of a "discount voucher". The refund will be made free of charge, within thirty days from the date on which THE SUPPLIER became aware of the exercise of the right of withdrawal by the CUSTOMER.
7.6 The right of withdrawal governed by these GCS does not apply:
- to goods made to measure or clearly personalized or which, by their nature, cannot be returned or are likely to deteriorate or expire rapidly, as well as PRODUCTS intended for personal use.
- to PRODUCTS made to measure, not available in stock.
7.7 RETURN. To make a "RETURN", the CUSTOMER must follow the following procedure:
1) Log in to your account and enter the "History and details of my orders" section.
2) Open the order details and then select the PRODUCT(s) you wish to return.
3) Indicate the reason for each PRODUCT selected and then send the "return note" via the "Make a return note" button. Once the return has been confirmed, the SUPPLIER will report - via email - the "Awaiting package" containing the returned goods.
Shipping, wrapping and packaging costs are the responsibility of the CUSTOMER.
7.8 Reimbursement to the CUSTOMER: Only in the event that the delivered product is ascertained as defective or different from the one ordered, THE SUPPLIER will reimburse the CUSTOMER also for the related shipping costs. Partial returns will correspond to partial refunds. THE SUPPLIER will refund within 48 hours of confirming the arrival of the returned package at the warehouse. The display of the return refund on the CUSTOMER's account or credit card or PayPal account will depend on the credit card network and the CUSTOMER's supporting bank.
8. Use of the site
8.1 Description and display of the PRODUCTS: the descriptions of the PRODUCTS and the images on the SITE correspond to what is made available by the suppliers of IMPRENDO S.R.L.S.
The photographs and videos presenting the PRODUCTS accompanying the descriptive information are published on the SITE for descriptive purposes, taking into account the fact that the quality of the images (e.g. in terms of exact display of colours) may depend on software and IT tools used by the CUSTOMER when connecting to the SITE.
8.2 Malfunctions: the SUPPLIER assumes no responsibility for the problems caused to the CUSTOMER by the use of the SITE and the technologies used as independent of its will, such as, by way of example:
a) errors, delays or impossibility in access to the SITE by the CUSTOMER during the execution of the sales procedure;
b) errors, delays or impossibility in the receipt, by the CUSTOMER, of the communications made by the SUPPLIER in relation to the sale of the PRODUCTS.
9. Intellectual and industrial property rights
9.1 THE SUPPLIER informs that the SITE, as well as all brands and distinctive signs used on "WWW.DALAVORO.COM" in connection with the sale of PRODUCTS, are protected by the applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the contents of the SITE, of the brands and of the distinctive signs used by the SUPPLIER (such as, by way of example, the works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colors, functions and SITE design).
9.2 the SUPPLIER assumes no responsibility for the trademarks and other distinctive signs appearing on the PRODUCTS marketed by it on the SITE, with respect to which the CUSTOMER does not acquire any rights following the conclusion of the CONTRACT.
10. Protection of personal data
10.1 IMPRENDO S.R.L.S. is the owner of the personal data collected at the time of registration on the SITE, as well as of those subsequently communicated at the time of purchase by the CUSTOMER. For information relating to the processing of personal data, including the rights pursuant to art. 7 of Legislative Decree 196/03, please refer to the detailed information already provided when registering on the Website www.dalavoro.com.
11. Applicable legislation and place of jurisdiction
11.1 The applicable legislation is that of Italy, but the Purchaser cannot be denied unavailable rights deriving from the legislation of his country.
11.2 The competent court for any disputes is that of COSENZA, Italy, unless different regulations in favor of the Purchaser are applicable.
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