1. GENERAL CONDITIONS

1.1 Subject Matter. These general conditions govern the distance selling of products carried out through the website https://www.daverio1933.it/. The General Conditions do not regulate the sale of products by entities other than the company that are present on the website through links, banners or other hyperlinks. The company is therefore not responsible for the provision of services and/or products by third parties or for the conclusion of electronic agreements 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 at Via Torquato Tasso 25 – 24121 Bergamo; VAT No.: 02874820166, Company Register registration no. BG-30015, Telephone: +39 351 5777996, email info@daverio1933.it, PEC dilucasrl@legalmail.it

 

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 releases the company from providing any further reference to the General Conditions after submitting the order.

1.4 Written form. Without prejudice to mandatory legal provisions, the customer declares and accepts that all communications, information and contractual conditions (including these General Conditions), which will be provided or made available in electronic format, satisfy the written form requirement, when this is 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, before making any purchase, the most updated version of the General Conditions. Each contract will be governed by the General Conditions in force at the time the order is submitted 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 credentials to be able to purchase products;

“Customer“: the end consumer, i.e., the natural person who has reached the age of majority and who purchases products on the website for purposes unrelated to any business, commercial, artisanal or professional activity carried out;

“Consumer Code“: Legislative Decree September 6, 2005, no. 206 and subsequent amendments;

“Shipping Confirmation“: as defined in art. 4.7;

“General Conditions“: these general terms and conditions of sale of Diluca Srl.;

“Contract“: each individual sales contract between the company and the customer, concluded according to the procedure described in art. 4.6;

“Credentials“: the customer’s email and personal password chosen by them to access their Reserved Area;

“Order“: as defined in art. 4.2;

“Order Processing“: as defined in art. 4.6;

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

“Website“: the internet site accessible at https://www.daverio1933.it/;

“Company“: Diluca Srl.

“VAT“: Value Added Tax, possibly displayed depending on the customer’s nationality.

4. PROCEDURE FOR PURCHASING PRODUCTS

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

4.2 The customer may 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 their “Cart”, the customer can view all selected products, with their respective prices, and modify the choices made before finalizing their order (“Order”). After completing the selection of desired products and pressing the “Purchase” 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 entities other than “consumers” or orders that do not comply with its commercial policy.

4.3 The customer, before placing the order, has the option to choose their preferred payment method from: credit card or PayPal. If credit card payment is chosen, financial information (for example, credit/debit card number or expiration date) will be forwarded, via encrypted protocol, to banks or companies that provide related electronic payment services, without third parties being able to access them in any way. Such information will also never be used by the company except to complete procedures related to the purchase for which they are provided and to issue related refunds in case of any product returns, following exercise of the right of withdrawal, or when it becomes necessary to prevent or report fraud on the website to law enforcement. The price for purchasing products and 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 the “Pay Now” button.

4.5 By submitting an order, the customer declares and guarantees to be a good faith customer who purchases products for their own personal use or that of another person and that they will not deliver, sell or distribute the products or purchase products for commercial purposes.

4.6 The customer’s order will serve 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 email message acknowledging the order (“Order Processing”), which will indicate the following data:

o Order number and date

o Selected payment method

o Product(s), quantity, price

o Total order amount

o Shipping costs, if applicable

o Delivery and billing address.

The Order Processing message does not constitute acceptance of the customer’s purchase proposal, but exclusively confirms that the company has received the order and will subject it to verification, including in relation to the availability of all ordered products. The customer must verify the correctness of the data present in the Order Processing message and, if there are errors, must promptly report them to the company.

4.7 The order will be considered accepted by the company only upon receipt by the customer of an email message accepting the order (“Shipping Confirmation”), which will confirm the shipment of the purchased products that the company has available. Only at this moment will the contracts relating to the sale of the products subject to the shipping confirmation be considered concluded between the company and the customer.

4.8 The availability of products, indicated on the website at the time of order, must be considered merely indicative and subject to verification by the company. Quantity limits may be applied to orders of 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 archived in the company’s database for the time necessary to fulfill orders and in any case in compliance with legal terms. The customer can view the orders placed by accessing their profile and consulting the appropriate section of the website.

5. THE PRODUCTS

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

5.2 The company aims to ensure that information relating to product descriptions, dimensions and colors is accurate and complete, however, product images published on the website must be considered merely indicative and may not be perfectly representative of their actual characteristics and quality. In this regard, only the product description indicated on the relevant website page will be authoritative.

6. PRICE, PAYMENT AND BILLING

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

6.2 The shipping cost contribution can be verified in the “Orders and Shipping” section of the website

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

6.4 Upon receipt of the Customer’s payment, the Company will issue an invoice that will be sent in writing in PDF format or other format to the postal address and data indicated by the Customer.

7. PRODUCT DELIVERY

7.1 Shipping of Products ordered on the website is carried out via 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 only working days and do not include holidays. The customer can track their shipment using the link that will be communicated 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. Regarding Europe, Andorra and the Canary Islands are excluded from shipping.

7.4 Only orders placed from the website that have a delivery address previously authorized for sale will be accepted and confirmed.

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

8. LEGAL GUARANTEE OF CONFORMITY

8.1 The Company undertakes to guarantee that each product strictly complies with quality criteria and has passed every technical and aesthetic control.

8.2 Only products bearing the DAVERIO1933 brand are offered for sale on the website.

8.3 The company does not sell used, irregular or inferior quality products compared to corresponding standards offered on the market.

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

8.5 Products purchased by the customer are guaranteed for any conformity defect (as defined by art. 129 of the consumer code) existing at the time of delivery and manifesting within 2 (two) years thereof.

8.6 To benefit from the legal guarantee, the customer:

(a) is required to report to the company the conformity defect of the product 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 by the company and in any case return to it the allegedly defective product in the original packaging and with the documentation received at the time of purchase (e.g., invoice, printout of Shipping Confirmation, order processing email).

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

8.8 LIMITATIONS. The legal guarantee does not apply to products that are damaged, used incorrectly and in particular not in accordance with the product’s usage instructions.

9. COMPANY LIABILITY LIMITATIONS

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

10. GENERAL PROVISIONS

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

10.2 The customer ensures the accuracy, completeness and truthfulness of all information provided to the company upon registration to the reserved area, undertaking to promptly communicate to the company any related changes.

10.3 These General Conditions constitute the entire agreement between the customer and the company in relation to the ordering of products and replace and nullify any agreement, draft agreement, provision, act or guarantee contract previously stipulated, of any nature, between the parties, whether oral or written, in relation to said matter.

10.4 Under these General Terms and Conditions, the company is not liable for any errors or delays in the execution or performance of obligations arising from causes beyond the company’s reasonable control.

10.5 These General Terms and Conditions are entered into between the customer and the company. No other party shall enjoy the right to enforce any of the terms of these General Terms and Conditions.

10.6 The possible invalidity, ineffectiveness and/or nullity of one or more clauses of these General Terms and Conditions and/or individual contracts shall not result in the invalidity, ineffectiveness and/or nullity of the remaining clauses.

10.7 Individual contracts may not be assigned 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 error-free operation of the website. Furthermore, access to the website and/or services offered by the company may occasionally be suspended or limited to allow for repair work, maintenance or introduction of new products. The company will do its best to limit the frequency and duration of such suspensions and/or limitations.

11. APPLICABLE LAW AND COMPETENT JURISDICTION

11.1 These General Terms and Conditions and individual contracts are exclusively governed by Italian law and in particular by the provisions of the consumer code, with specific reference to the provisions regarding distance contracts and by Legislative Decree April 9, 2003 No. 70 on certain aspects concerning electronic commerce, subject to the application of the mandatory law of the country of the customer’s habitual residence.

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

11.3 Customers residing in a European Economic Area country also have the possibility to submit a complaint to the European platform for online dispute resolution – Online Dispute Resolution (the “Platform”) which facilitates the extrajudicial resolution of disputes. For more information, you can visit the Platform at https://webgate.ec.europa.eu/odr/. Please note that the company does not intend to use the Platform for the resolution of any disputes, having no obligation in this regard.

12. PERSONAL DATA PROTECTION

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 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 about the Privacy Policy, you can directly contact the following email address: info@daverio1933.it.

13. CUSTOMER SUPPORT

13.1 The Customer can request any information via email at the following email address: info@daverio1933.it or at the following telephone number +39 351 5777996.