1. Subject of these General Terms
1. These General Terms of Sale (“General Terms”) define the terms and conditions of sale between DAMIANI S.p.A., owner of the internet website store.damiani.com (“the Website”) and the person registered on the Site who acts for personal and not professional purposes (the “Customer”) and who intends to purchase the products offered by DAMIANI S.p.A. in the section of the Website with reserved access (“the Products”).
2. These General Terms concern the distance retail sale of Products via the internet to consumers, regulated in particular by Italian Legislative Decree no. 206/2005 (“Consumer Code”) and by Italian Legislative Decree no. 70/2003.
3. Seller is: DAMIANI S.p.A., Tax Code and VAT No. 01457570065, based in Valenza (AL), Piazza Damiano Grassi Damiani, 1. Customer is: a consumer of adult age resident in the Countries in which the website is authorised for online sale.
4. DAMIANI S.p.A. does not deliver Products to countries other than those indicated. Not all Products may be available for purchase in the Website visitor’s Country.
5. These General Terms may be changed at any time. The version of the General Terms published when entering into the Contract will be relied upon by the Parties. DAMIANI S.p.A. will not in any case be bound by conditions sent by the Customer or in any case different from these terms. The prices, Products on the Website and the characteristics of the same may be changed without prior notice.
6. The Customer must accept these Terms in order to complete the purchase process of the Products.
2. Conclusion and execution of Contract – non-availability of Product
1. To make the purchase, the Customer must register to the Website, access the specific reserved area with its Credentials, choose the Product to be purchased and enter it into the specific section of the Website “Basket”, where the characteristics of the Products, the price, the applicable VAT, the shipping costs and the scheduled delivery times will be displayed. Registration and access to the Website, along with use of the e-commerce service is completely free, with the Customer bearing only the costs and charges for the IT equipment and connections required to use the e-commerce services.
2. The order is sent after entering into the specific payment section, the shipping details and data necessary to make the payment, required by the instructed intermediary. That data may be altered only until the specific button “Purchase” is selected. Payments may be made by credit card or PayPal and the debit will usually be made by the deadlines indicated by the payment service used. By sending the order, the Customer expressly consents to DAMIANI S.p.A. using its e-mail, telephone number and address in relation to the conclusion and execution of the contract.
3. DAMIANI S.p.A. will send to the Customer an order confirmation e-mail, containing the terms of sale and the order made. The Customer’s order and the order confirmation with the respective applicable General Terms are archived electronically by DAMIANI S.p.A. and the Customer may request a copy of them by sending a communication by e-mail to DAMIANI S.p.A. at the address email@example.com.
4. The sale contract for the Product is concluded when DAMIANI S.p.A. receives payment of the price from the Customer.
5. The contract validity is subject to the Product availability. If the Product is no longer available, DAMIANI S.p.A. will communicate this to the Customer within 20 days from receipt
of the Order and it reserves the right to terminate the sale contract, refunding to the Customer the full price paid, with no further charge or cost of any nature for DAMIANI S.p.A..
6. The Order that is viewed by the Customer and sent by e-mail by DAMIANI S.p.A. indicates all essential elements of the Contract, including all information required by law. The Customer is required to check the Order and verify that the information contained therein is correct and complete.
3. Delivery of Products
1. DAMIANI S.p.A. delivers the Product to the Customer by the deadline indicated on the Website and stated on the order confirmation to the address indicated by the Customer.
2. The delivery costs are borne by the Customer and the respective price is published in detail as indicated in the offer posted on the Website, as well as stated on the order and in the order confirmation.
3. The Product shipment and delivery will be made with the methods and with the timescales indicated in the order confirmation. If not indicated within the Contract, the delivery will occur within 30 (thirty) days after that on which the Customer sent the order.
4. The Product will be delivered to the location indicated by the Customer for delivery and the Customer is required to receive the Product and to facilitate its delivery, in compliance with the contents of the order. In the event of unmotivated refusal to take delivery of the Product, DAMIANI S.p.A. will be entitled to terminate the Contract, subject to compensation for damages suffered (including any costs of shipping and storing the Products).
5. Upon delivery, the Customer is required to verify the integrity, quantity and type of Products delivered, the fact that they are compliant with those ordered and with the provisions of the Contract, the fact that the packaging is intact and undamaged, performing the checks that can be performed based upon ordinary diligence and disputing immediately to the courier with a remark on the delivery note any defects or deformities with respect to the order.
1. The final Price includes VAT, delivery costs and any costs for using the payment method chosen by the Customer.
2. The Customer is required to make the payment in favour of DAMIANI S.p.A. by way of the payment method made available on the Website. The Products will be delivered only after payment has been received.
5. Other obligations of the Customer
1. The Customer is required to guarantee the truthfulness of its data provided during the procedure involved when entering into the Contract. The Customer undertakes to communicate promptly to DAMIANI S.p.A. any changes to its personal data provided during the Contract, sending a specific communication to DAMIANI S.p.A..
6. Guarantee and Limitation of Liability of DAMIANI S.p.A.
1. In relation to “consumer” Customers, the provisions relating to “consumer goods” indicated in the Consumer Code (Italian Legislative Decree 206 dated 6 September 2005) apply, and in particular the legal guarantee of conformity referred to in Art. 129, as well as the applicable provisions in force in that regard. In the particular case of defect of conformity of the Products not deriving from normal use of the Product, the Customer has the right to the restoration, at no cost, of the conformity of the Product in accordance with Art. 130 of the Consumer Code.
The Customer is required to report, by recorded delivery letter with notice of receipt, any non-conformity to DAMIANI S.p.A. within the mandatory term of two months from the date of discovering the defect. DAMIANI S.p.A. is liable when the defect of conformity manifests within the period of two years from delivery.
However, any action claiming defects not wilfully hidden by DAMIANI S.p.A. is limited to the period of 26 (twenty-six) months from delivery of the good.
2. The guarantee is valid, provided that the Products are used correctly, in respect of the respective instructions for use and recommendations, and subject to production by the Customer of the delivery documentation and order number. Without prejudice to the mandatory limitations provided by law, DAMIANI S.p.A. does not offer any guarantee or declaration of conformity of the Products in addition to what is expressly indicated on the Website, including the conformity of the Products with technical and quality requirements or standards of any nature, for specific or particular purposes.
7. Customer’s Right of Withdrawal
1. In accordance with Articles 52 et seq of the Consumer Code, the Customer who is classifiable as a “consumer” in accordance with the Consumer Code is entitled to withdraw discretionally from the Contract, with no penalty and without specifying the reason, within a period of 14 (fourteen) days with effect from the day of delivery of the Products.
2. The consumer Customer may exercise that right through the specific procedure provided on the Website in the reserved area and following the respective instructions or using the specific withdrawal form provided on the Website.
3. If the right of withdrawal is exercised, the Products must be returned to the site of DAMIANI S.p.A. indicated for that purpose, in their original conditions, complete with all their parts, accessories, documentation and with the respective packaging, which must be kept, insofar as possible, intact.
4. The costs for returning the Products will be borne exclusively by the Customer and will be communicated to the Customer in advance, along with the liability for the Products until their completed return to DAMIANI S.p.A..
5. Within 14 (fourteen) days from the return of the Products, DAMIANI S.p.A. will reimburse the price to the Customer, net of the redelivery costs indicated above.
6. Unless otherwise agreed between the parties, the Customer may not exercise the right of withdrawal, inter alia, in the following cases: – the supply of goods made to measure or clearly customised or that, by their nature, cannot be re-shipped or risk deteriorating and/or altering rapidly; – in all other cases provided by law, with particular reference to Art. 59 of the Consumer Code. The right of withdrawal is in any case excluded if the Product has been handled in a manner different from what is strictly necessary to establish its nature, characteristics and functioning.
1. For the purposes of the Contract, the written form includes any communication by electronic means that allows for a lasting registration of its content (such as, for example, e-mail messages and html pages).
9. Retention of Contract
1. The Contract and the respective order documents are memorised, stored and archived by DAMIANI S.p.A. at its office, for the fulfilments required to execute the Contract, as well as for the respective fulfilments and requirements required by law, in respect of the Privacy Code (Italian Legislative Decree no. 196/2003) and EU Regulation 2016/679 dated 27 April 2016.
2. The Customer may ask to access and view those documents, subject to a written request to be sent to DAMIANI S.p.A. at least 7 working days before by recorded delivery letter with notice of receipt. The Customer may request from DAMIANI S.p.A. the provision of a copy of the Contract in electronic and/or paper format, paying the cost of reproduction and support provided.
3. In any case, the Customer is required to memorise, store and archive both an electronic and paper copy of the Contract.
10. Personal data processing
11. Applicable Law
1. These General Terms and the respective Sale Contract concluded between DAMIANI S.p.A. and the Customer are regulated by Italian law and, in particular, by Italian Legislative Decree no. 70/2003 on e-commerce as well as, with reference to consumer Customers, as defined above in Art. 1, Italian Legislative Decree no. 206/2005 (Consumer Code), subject to any applicable mandatory provisions of law of the Country of residence of the Customer.