1. GENERAL CONDITIONS

1.1   Subject. These general conditions govern the remote sale of products made through the website https://www.daverio1933.it/. The General Conditions do not regulate the sale of products by parties other than the company that are present on the website through links, banners or other hypertext links. The company is therefore not responsible for the provision of services and / or products by third parties or for the conclusion of agreements electronically between the customer and third parties.

 

1.2   Seller. The seller of the products and owner of the website is Diluca Srl., With registered office in Via Torquato Tasso 25 - 24121 Bergamo; VAT number: 02874820166, company register registration n. BG-30015, Telephone: +39 351 5777996,, e-mail [email protected] , PEC [email protected]

 

1.3   Knowledge and acceptance of the General Conditions. Before submitting an order, the customer is required to carefully read these General Conditions, which can be consulted, stored and reproduced at any time by accessing the website https://www.daverio1933.it/. By making a purchase on the website, the customer declares to have understood and fully accepts these General Conditions and the General Conditions of use of the website and exempts the company from providing any further references to the General Conditions after the order has been placed.

1.4   Written form. Without prejudice to the mandatory provisions of law, the customer declares and accepts that all communications, information and contractual conditions (including these General Conditions), which will be provided to him or made available in electronic format, satisfy the requirement of the written, when required by applicable law.

1.5   Exclusive application of the General Conditions. Variations. These General Conditions are the only ones applicable to contracts between the company and the customer. The company reserves the right to modify these General Conditions at any time, by publishing the updated version on the website. The new General Conditions will be effective from the date of publication on the website. Customers are therefore invited to regularly access the website and consult the most up-to-date version of the General Conditions before making any purchase. Each contract will be governed by the General Conditions in force at the time the order is placed by the customer.

2. CONTACTS

2.1   It is possible to contact and request information from the company using the contact details indicated in art. 1.2

3. DEFINITIONS

3.1   In these General Conditions the terms listed below have the following meaning:

"Reserved Area": The reserved area of ​​the website which each customer must access with their credentials in order to purchase the products;

"Client": The final consumer, that is the natural person who has reached the age of majority and who purchases the products on the website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;

"Consumer Code": Legislative Decree 6 September 2005, n. 206 and subsequent amendments;

"Shipping Confirmation": As defined in art. 4.7;

"POLICY:": These general conditions of sale of Diluca Srl .;

"Contract": Every single sales contract between the company and the customer, concluded according to the procedure described in art. 4.6;

"Credenziali": The customer's email and the personal password chosen by the same to access their own Reserved Area;

"Order": As defined in art. 4.2;

"Taking charge of the order": As defined in art. 4.6;

"Products": The products offered for sale on the website and any other product offered from time to time for sale by the company on the website;

"Website": The website accessible at https://www.daverio1933.it/;

"Society": Diluca Srl.

"IVA": Value added tax, possibly exposed depending on the nationality of the customer.

4. PROCEDURE FOR PURCHASING PRODUCTS

4.1   In order to make the purchase on the website, the customer must access the Customer Area and fill in the appropriate forms relating to shipping and billing data by providing their personal information (name, surname, email address, shipping address, payment methods ) which will be kept for the time necessary to complete the transaction.

4.2   The customer can select the desired products from those present in the "Shop" section of the website by adding them to the "Cart" using the appropriate button. By accessing your "Cart", the customer can view all the selected products, with the relative price, and change the choices made before finalizing their order ("Order"). After selecting the desired products and pressing the "Buy" button, the customer will access their order where the total price of the products will be displayed, including VAT and any shipping costs. The company reserves the right not to process orders from subjects other than the "consumer" or in any case to orders that do not comply with its commercial policy.

4.3   The customer, before placing the order, has the possibility to choose the payment method he prefers between: credit card or Paypal. In the event that payment by credit card is chosen, the financial information (for example, the number of the credit / debit card or the date of its expiry) will be forwarded, via encrypted protocol, to banks or companies that provide the relative remote electronic payment services, without third parties having access to them in any way. Furthermore, this information will never be used by the company except to complete the procedures relating to the purchase for which they are given and to issue the related refunds in the event of any product returns, following exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the website. The price for the purchase of the products and the shipping costs, as indicated in the order form, will be charged at the time of purchase.

4.4   To submit the order, it will be necessary to select the preferred payment method and then click on the "Pay Now" button.

4.5   By placing an order, the customer represents and warrants that he is a bona fide customer who purchases the products for his own personal use or that of another person and that he will not deliver, sell or distribute the products or purchase the products for commercial purposes.

4.6   The customer's order will be valid as a purchase proposal for each of the products indicated in the order, to be considered individually. The company will confirm receipt of the order by sending an e-mail message to take charge of the order itself ("made in order loading"), in which the following data will be indicated:

o Order number and date

o Payment method chosen

o Product (s), quantity, price

o Total order amount

o Shipping costs, if any

o Delivery and billing address.

The order acceptance message does not constitute acceptance of the customer's purchase proposal, but only confirms that the company has received the order and will submit it to verification, also in relation to the availability of all the products ordered. The customer must verify the correctness of the data present in the Acceptance Order message and, in the event of errors, must promptly report them to the company.

4.7    The order will be understood accepted from society only upon receipt by the customer of an order acceptance e-mail message ("Shipping Confirmation"), with which the shipment of the purchased products, of which the company has availability, will be confirmed. Only at this time will the contracts relating to the sale of the products covered by the shipment confirmation be considered concluded between the company and the customer.

4.8   The availability of the products, indicated on the website at the time of the order, must be considered merely indicative and subject to verification by the company. Quantity limits may apply to orders for certain products. The Company reserves the right to refuse at any time, without notice, orders exceeding a certain number of authorized products.

4.9   The order will be filed in the company's database for the period of time necessary to process the orders and in any case in compliance with the terms of the law. The customer can view the orders placed by accessing his profile and consulting the appropriate section of the website.

5. PRODUCTS

5.1   The information and characteristics of the products are shown on the website. The company uses the European standard system of measurement for rings and metric for the length of necklaces and bracelets.

5.2   The company aims to ensure that the information relating to product descriptions, dimensions and colors are accurate and complete, however, the images of the products published on the website must be understood as purely indicative and may not be perfectly representative of their actual characteristics and quality. . In this regard, the description of the products indicated on the relevant page of the website will be exclusively valid.

6. PRICE, PAYMENT AND BILLING

6.1   Product prices include VAT. All prices are expressed in Euros. The total price of the order, inclusive of VAT and any shipping costs pursuant to art. 6.2, will be viewable by the customer before placing the order. The price for the products, inclusive of VAT and any shipping costs pursuant to art. 6.2, the subject of the Shipment Confirmation will be charged to the customer at the time of the Shipment Confirmation.

6.2   The contribution for shipping costs can be checked in the "Orders and Shipping" section of the website

6.3   The company reserves the right to change the price of the products at any time. In any case, the price of the products displayed on the website at the time of placing the order will be applied.

6.4   Upon receipt of the Client's payment, the Company will issue an invoice which will be sent in writing in PDF format or in another format to the email address and data indicated by the Client.

7. DELIVERY OF PRODUCTS

7.1   The products ordered on the website are shipped by express courier. With the Shipping Confirmation, the company will communicate to the customer the estimated delivery times of the products by the carrier. Delivery times - indicated in the "Orders and Shipping" section of the website - are purely indicative and include working days only and do not include holidays. The customer can still track his shipment using the link that will be communicated to him by the company.

7.2   The website should be able to automatically recognize the country from which the customer is connecting but it is possible to change the reference country of the website.

7.3   For Italy only, the website is not authorized to ship to Livigno, Campione d'Italia, San Marino and Vatican City. As for Europe, Andorra and the Canary Islands are excluded from the expedition.

7.4   Orders placed from the website, which have a delivery address previously enabled for sale, will only be accepted and confirmed.

7.5   To confirm the delivery of a product, the company requires a personal handwritten or electronic signature or a person at the delivery address indicated (unless otherwise specified by the customer), which transfers to the customer the risk and responsibility of the products purchased.

8. LEGAL CONFORMITY GUARANTEE

8.1   The Company undertakes to ensure that each product strictly complies with the quality criteria and that it has passed all technical and aesthetic checks.

8.2   On the website, only products bearing the DAVERIO1933 brand are offered for sale.

8.3   The company does not sell used, flawed products or products of lower quality than the corresponding standards offered on the market.

8.4   The customer benefits from the legal guarantee for lack of conformity provided for by art. 128-135 of the consumer code.

8.5   The products purchased by the customer are guaranteed for any lack of conformity (as defined by art.129 of the consumer code) existing at the time of delivery and which occurs within 2 (two) years from the same.

8.6   In order to take advantage of the legal guarantee, the customer:

(a) is required to report the lack of conformity of the product to the company within 2 (two) months of discovery, using the contact details indicated in art. 1.2 or by filling out the form in the "Write an email" section of the website;

(b) must follow the instructions that will be communicated to him by the company and in any case return the allegedly defective product to the same in the original packaging and with the documentation received at the time of purchase (e.g. invoice, printing of the Shipping Confirmation, email of taking charge of the order).

8.7   If the documents provided by the customer to prove the date of purchase of the product are not suitable for this or the product is not returned in the original packaging, the company will have the right to refuse the replacement of the product.

8.8   LIMITATIONS. The legal guarantee does not operate with regard to damaged products, used incorrectly and in particular not in accordance with the provisions of the instructions for use of the same.

9. COMPANY'S LIMITATION OF LIABILITY'

9.1   Except as provided for by mandatory legal provisions, the company assumes no obligations other than those expressly provided for in these General Conditions and is not liable for damages arising to the customer or to third parties that are not directly attributable to the Company.

10. GENERAL PROVISIONS

10.1   The customer undertakes to keep his credentials confidential and accepts, within the limits of what is permitted by applicable law, to be held solely responsible for all the activities that will be carried out by accessing his reserved area.

10.2   The customer ensures the accuracy, completeness and truthfulness of all information provided to the company when registering in the reserved area, thereby undertaking to promptly notify the company of any relative changes.

10.3   These General Conditions constitute the entire agreement between the customer and the company in relation to the order of the products and replace and invalidate any agreement, draft agreement, provision, deed or guarantee contract previously stipulated, of any nature, between the parties, both in oral and written form, in relation to the aforementioned matter.

10.4   Pursuant to these General Conditions, the company is not responsible for any errors or delays in the execution or fulfillment of the obligations deriving from causes beyond the reasonable control of the company.

10.5   These General Conditions are stipulated between the customer and the company. No other person will have the right to enforce any of the terms of these General Conditions.

10.6   Any invalidity, ineffectiveness and / or nullity of one or more clauses of these General Conditions and / or of the individual contracts will not lead to the invalidity, ineffectiveness and / or nullity of the remaining clauses.

10.7   The individual contracts will not be transferable to third parties, in whole or in part, without prior written agreement between the parties.

10.8   Due to the nature of the internet, the company cannot guarantee uninterrupted access and the absence of errors in the functioning of the website. Furthermore, access to the website and / or the services offered by the company may occasionally be suspended or limited to allow for repairs, maintenance or the introduction of new products. The company will endeavor to limit the frequency and duration of such suspensions and / or limitations.

11. APPLICABLE LAW AND COMPETENT COURT

11.1    These General Conditions and the individual contracts are exclusively governed by Italian law and in particular by the provisions of the consumer code, with specific reference to the provisions on distance contracts and by the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce, without prejudice to the application of the mandatory law of the country of habitual residence of the customer.

11.2   The sole competent court to decide any dispute that may arise between the company and customers in relation to these General Conditions, as well as to all contracts and relationships between the parties in relation to the sale of products, is the customer's habitual residence.

11.3   Customers residing in a country of the European Economic Area also have the opportunity to submit a complaint to the European platform for online dispute resolution - Online Dispute Resolution (the "Platform") which facilitates out-of-court dispute resolution. For more information, you can visit the Platform at https://webgate.ec.europa.eu/odr/. It should be noted that the company does not intend to use the Platform for the resolution of any disputes, having no obligation in this regard.

12. PROTECTION OF PERSONAL DATA

12.1   The company declares and guarantees that it will process the personal data of customers that it will acquire during the conclusion and execution of contracts, in compliance with Regulation (EU) no. 679/2016 and the national privacy legislation (Legislative Decree 196/2003 and subsequent amendments), as described in the Privacy Policy available on the website https://daverio1933.it.

12.2   For any other information on the Privacy Policy, you can directly contact the following e-mail address: [email protected].

13. CUSTOMER SERVICE

13.1   The Customer can request any information by e-mail to the following e-mail address: [email protected] or at the following telephone number +39 351 5777996.