General Conditions of Online Sale
These General Conditions of Sale regulate the goods purchasing via the website www.dallago1958.com , hereafter referred to as the “website”, by users qualified as consumer.
The website belongs to Dal Lago s.r.l., with registered offices in via San Sebastiano, 27 36016 Thiene (VI) Italy, hereafter referred to as the “seller”.
Each purchase is regulated by the version of these General Conditions that is published on the website when the user confirms and pays the order. Users that do not qualify themselves as final consumers cannot use the website to send and confirm orders.
To purchase goods on the website the consumer has to be 18 years old or older and must be able to act.
A consumer means any natural person who is acting primarily for purposes which are not related to his or her trade, business or profession. It shall be applied the rules contained in the D.lgs. N. 206/2005 (Consumer Code) and the successive modifications other than the general ones about the services of the information society and the e-commerce (D.lgs. N. 70/2003) .
The consumer is asked to print a copy of the General Conditions of Sale and to save it on a durable medium.
SUBJECT OF THE CONTRACT
The products are sold with the features described on the website, according to the General Conditions of Sale published on the website. The seller reserves the right to modify the General Conditions of Sale at any time without prior notification or giving any reasons; these will be effective since the publication and will apply only to the purchases made from the date of publication.
Prices and products may vary so the consumer is asked to check the price before sending the order.
CONCLUSION OF THE CONTRACT
The Seller endeavors to display and describe as accurately as possible the products sold on the website, but cannot undertake to give any assurance that the colors of goods supplied will exactly match those displayed on the Buyer's monitor. The pictures of the products do not constitute a contractual term, since they are only representative of the product.
If the consumer wants to buy one or more product he can pick one at a time and add them to the cart.
Once that the customer has chosen the products that he wants to purchase, he will be asked to provide his data, that is logging in if he has already created an account, otherwise creating an account through the specific form, and then he will be able to send the order.
At this point, he will land to a page that sums up the chosen products, the prices, and the shipping costs. He then will have to choose the payment method.
If the customer chooses the credit card payment, he will have to enter the card data through the protected connection of the bank gateway. Before being processed, all orders are subjected to authentication checks by the relevant credit card issuers themselves in order to safeguard the customer.
With the button “Finish and pay” the protected connection of the bank gateway will be up for paying with the credit card. The purchase contract is concluded effectively when the customer receives an e-mail from the seller with the confirmation of the order to the address declared at the moment of the registration.
The customer is recommended to keep and print the e-mail received with the order confirmation to prove the purchase.
PRICES AND PURCHASE CONDITION
The price of the products is in euro tendered and is the one specified on the website.
The delivery charges are specified and include all the possible taxes.
The prices of the products include packaging costs and the VAT if applied.
The products will remain property of the seller until the payment is received. The seller will process the order after that the payment of the product, the shipping charges and eventual taxes is confirmed.
The seller retains the right not to confirm orders from customers with whom are pending controversies.
The availability of the products is specified in the product description of each style.
In case of non-execution of an order because of the unavailability of the product, the seller will inform the customer and will refund him of the amount paid. The seller declines any responsibility for any delay in the crediting depending on the bank or the card type.
We entrust our deliveries to the most appropriate courier we collaborate, depending on the address of the customer, to guarantee the most reliability.
The customer undertakes to check, not later than fourteen (14) days from the date of delivery, that all and only the products purchased are included in the shipment, and to inform the seller of any eventual products defects or discrepancies; if the customer does not provide any communication the products are considered accepted.
Where the packaging containing the products arrives visibly damaged, the customer is asked to refuse the delivery and to inform the seller of the accident.
Where the customer does not recall the products that return to the seller, the order will be cancelled and the customer will be charged of shipment costs.
Deliveries are made in the countries specified in the website, at the postal code indicated by the customer at the moment of the order or he registration. The customer is the only responsible for the address indicated.
Delivery time is also shown in the purchase order.
Shipment will be made from Mondays to Fridays during office hours, excluding national holidays.
WARRANTY AND ASSISTANCE
The seller warrants that the products comply with national and EU legislation.
Within fourteen (14) days from receiving the products the customer must inform the seller, with the correct documentation, about defects and discrepancies, through the Form “Contact Us” in the website.
When the seller receives the communication, he will evaluate the defects or the discrepancies. If there are actual defects the customer has the right to return the product that can be restored or substituted, or if this cannot happen, the customer will be refunded. If the warranty conditions are not respected, the customer will be charged for the shipping costs.
The customer could also be authorized to return the product so the seller can verify the defects or the discrepancies.
If the seller must refund the customer a part of the total or the total amount paid, the refund will be made with the same method the customer used to pay. The customer will have to assure the capability to the seller of making the refund.
The warranty excludes repaired, modified or altered products; the warranty also excludes defects that are due to normal wear, accidental events, and in any case that can be referred to the customer’s responsibility or his wrong use.
The warranty does not cover parts that are subject to wear because of the use.
OBLIGATIONS OF THE PURCHASER
The purchaser undertakes to pay the price of the product and, when he completes the purchase procedure, to print the contract and keep it; the customer has already examined the information contained in the contract, and notes it, as a required step before confirming the purchase.
OBLIGATIONS OF THE SELLER
The seller undertakes to correct all the mistakes in the description of the products offered in the shortest time possible. Through the “Contact” form the customers can advise about any mistake observed.
The seller is not responsible in case of damages of any type, ensuing from the improper/not conform use of the products, anyway caused by Force Majeure events or accident.
The responsibility of the seller, anyway, cannot be higher than the value of the purchase order.
RIGHT OF WITHDRAWAL
According to the law, the customer has the right to withdraw from the purchasing contract without giving any explanation within fourteen (14) days since the moment when he has received the products.
The customer must send a statement containing the decision to exercise the right of withdrawal, using the “Contact” form in the website.
The customer will receive from the seller an e-mail, which explains the methods for the return of the product, together with the instructions to proceed with the return within fourteen (14) days.
The seller will refund the value of the product without any delay, anyway not later than fourteen (14) days from receiving of the product.
The customer will pay the shipping costs, with the exception of the return of defective products, with the Seller's prior written agreement.
The value of the product will be refunded using the same payment method used by the customer at the moment of the order, unless the customer suggests another one.
In case of request by the customer for a different refund method, eventual costs may be at customer’s charge.
The seller will refund the amount due only when he receives the product and the integrity of the warranty is verified, anyway within fourteen (14) days from the receiving of the product.
Under article 67 paragraph 3 of the Italian Consumer Code, the shipping costs of the withdrawal are at customer’s charge.
The customer has to return the products in the original conditions; if the products returned are damaged, incomplete or distressed, they will not be refunded.
The products must be sent to:
Dal Lago s.r.l.
Via San Sebastiano, 27
36016 Thiene (VI) ITALY
The packed products are accepted only if the package is intact. If the original package sent to the customer is not in good conditions, the customer must insert the original package into a new one.
The customer must include in the package the necessary administrative documentation.
PROTECTION OF CONFIDENTIALITY AND PROCESSING CUSTOMER DATA
Some personal data of the customer are required to proceed with the registration, to forward the order and to conclude this contract.
The customer declares that the personal data provided to the seller during the registration process and purchase process are correct and truthful.
The customer can modify and update his personal data through the specific section.
INTELLECTUAL PROPERTY RIGHTS
Every distinctive sign, title, image, picture, text and diagram used on the website or related to the products are exclusive property of Dal Lago s.r.l., the seller, are protected by copyright and by the other rights of intellectual property, and the customer has no rights on them when he access the website.
The contents of the website cannot be modified, copied, duplicated, nor entirely nor partially, transferred with electronic or conventional means; the contents cannot be used for any purpose, without the prior approval of the seller.
It is forbidden to use any of the contents of the website for advertisement or commercial purposes.
ARCHIVING THE CONTRACT
The seller informs the customer that he keeps each order sent digitally on the server of the seller himself according to the criteria of safety and confidentiality. The customer can make a request through the “Contact” form to receive a copy.
COMMUNICATIONS AND COMPLAINTS
The written communications sent to the seller at Via San Sebastiano, 27 36016 Thiene (VI) ITALY and the complaints will be treated as valid only if addressed to Dal Lago s.r.l. or transmitted through the “Contact” form in the website.
APPLICABLE LAW AND JURISDICTION
The purchase agreement between the Seller and the Customer which originates from the acceptance of any order placed through the Website is governed by the Italian law, in particular by the Consumer Code and by the D.Lgs. N. 70/2003 in certain aspects of the e-commerce, and by these General Conditions of On-line Sale, excluding the United Nations Convention on Contracts for the International Sale of Goods(Wien, 1980).
In the case of any controversy concerning the validity, interpretation or execution of these General Conditions of On-line Sale and the purchase agreement, the exclusive territorial jurisdiction belongs to the Court of Vicenza, except in so far art. 66-bis of the Consumer Code applies.
These General Conditions of On-line Sale are constituted by the totality of the clauses that compose them.
If one or more provision is considered or declared invalid by the Law, the regulation or subsequently by a court having jurisdiction, the other provisions are still valid and effective.