These conditions are valid only between the company Purple S.a.s. by Danilo Cascella & c. S.a.s. with registered office in Via della Pernice, 5 - 07021 Porto Cervo (OT), REA- 175972, VAT number 02445400902, hereinafter referred to as ''DCPS'' and the final consumer (ie "natural persons acting for purposes unrelated to 'entrepreneurial or professional activity possibly carried out ", as well as adults) who makes online purchases on the website www.danilocascella.com hereinafter referred to as "CUSTOMER". These conditions may be subject to changes and / or additions and the date of publication of the same on the site is equivalent to the date of entry into force.
These general conditions of sale ("General Conditions") are governed by the Consumer Code (Legislative Decree no. 206/2005 amended by Legislative Decree no. 21/2014) and by the rules on electronic commerce (Legislative Decree no. . Lgs. N. 70/2003 and subsequent amendments) and apply exclusively to distance selling via the web of the products shown on the website www.danilocascella.com.
TERMS AND CONDITIONS
OBJECT OF THE CONTRACT
With these general conditions of sale, DCPS sells and the CUSTOMER remotely purchases the products indicated and offered for sale on the website www.danilocascella.com. The contract is concluded exclusively through the internet, by accessing the CUSTOMER at the address www.danilocascella.com and the creation of a purchase order according to the procedure provided by the site itself.
The customer undertakes to read these general conditions of sale, in particular the pre-contractual information provided by DCPS, before proceeding to confirm his order, and to accept them by affixing a flag in the indicated box.2-PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER - ART. 49 OF LEGISLATIVE DECREE 206/2005
A.Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods illustrated in the individual product sheets at the time of the CUSTOMER's choice.
B.Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed about:
Total price of the goods including taxes, with details of shipping costs and any other costs;
- Terms of payment;
- The expected times for the delivery of the goods;
- Conditions, terms and procedures for exercising the right of withdrawal as well as the model withdrawal form as per Annex I, Part B of Legislative Decree 21/2014;
- Information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- Existence of the legal guarantee of conformity for the purchased goods;
- After-sales assistance conditions envisaged by DCPS.
C. The CUSTOMER may at any time and in any case before the conclusion of the contract, take note of the information relating to DCPS, the geographical address, telephone number, e-mail address, as reported in the aforementioned "General Provisions".3-CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
A. The display of the product range on the site is provided for information purposes only and does not represent a binding offer for sale. Only when the CUSTOMER clicks on the "Buy" button does he send us a binding offer for the conclusion of a purchase contract. The customer then receives an automatic confirmation by e-mail of the receipt of the order ("Confirmation of receipt of order").
The e-mail contains the Customer's data, the price of the goods purchased including the related taxes, the shipping costs, any additional costs, the delivery address to which the goods will be sent and the link to be able to print and archive a copy of these conditions (Article 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014).
This confirmation does not yet represent acceptance of the offer by DCPS. The contract is concluded only when DCPS sends the invoice to the customer, always confirming the fulfillment by e-mail.
B. The order proposals sent to DCPS must be complete with all the Customer data (name and surname, address, tax code or VAT number, etc.) and all the information necessary for the correct management of the shipment of the goods (address number, telephone number, etc.). DCPS cannot be held responsible for any errors resulting from missing or incorrect data. To this end, it is the Customer's responsibility to complete the online Customer form with all their data that will be requested by the system at the time of order confirmation. The Customer has the right to correct or change his personal data following his registration but only before having received the "Confirmation of receipt of the order".
Once the order has been confirmed, it will no longer be possible to change the data entered nor will DCPS be able to issue a new sales document. In the event that it is necessary to make changes of any nature to the order sent, it will be necessary to contact us by email at email@example.com and agree on all the necessary changes.
C. DCPS also reserves the right not to accept, at its sole discretion, order proposals that present particular difficulties in evasion, incomplete and / or discordant data or in any case not evadable for any other reason not specifically expressed here. In these cases, any payment already made will be fully reimbursed without any expense or cost on the same channel used for payment.
D. DCPS undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may emerge. Furthermore, the photographs of the products presented on www.danilocascella.com do not constitute a contractual element, as they are only representative.4-AVAILABILITY OF PRODUCTS
A. Product availability refers to actual availability at the time the CUSTOMER places the order. This availability must in any case be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before confirming the order.
Even after sending the e-mail confirming receipt of the order sent by DCPS, there may be cases of partial or total unavailability of the goods. In this case, DCPS undertakes to inform the customer as soon as possible and to specify a possible term for renewed availability.
B. In the event that the CUSTOMER communicates the desire to cancel the order of the unavailable product, DCPS will refund the amount paid for the same, including shipping costs (if present at the time of the order), within 7 days from the date of receipt of the communication.5-PRICES
A. The prices of the products indicated on the site are expressed in Euros and include the VAT rate within the limits of the law. Additional taxes or duties, present or future, are excluded.
B. The prices in force are those indicated on the site at the time the order is sent. Any price changes that may occur between the time of sending the order proposal and the time of evasion will not have value on the stipulated contract.
The only exception to what has just been expressed may be the occurrence of exceptional conditions of an unpredictable nature (natural disasters, currency peaks, etc.): In this case, the parties will have the right to discuss the economic terms of the contract again and, in the event of no agreement, terminate the same. In this case, DCPS will refund the Customer the full amount paid by reimbursement on the same channel used for payment.
C. In the event of an IT, manual, technical or any other type of error that could result in a substantial change, not foreseen by DCPS, of the retail price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled. DCPS will immediately issue a refund of the amount already paid by the CUSTOMER through the same channel used for payment.
D. For customers who purchase from Switzerland and the United Kingdom, all prices on the Site are to be considered net and not inclusive of the value added tax (VAT) in force in Italy, nor of that of Switzerland or of the English one. Where required by national law, any value added tax and / or any customs duties may be applied at the border, which must be paid by the customer in order to collect the goods.
E. The relevant invoice will be issued for each order and will be sent electronically upon order confirmation.
A. Transport costs for sales over € 250 in Italy are included in the purchase price.
The only exception is for deliveries to disadvantaged locations for which transport costs will be calculated later at the time of the order:
B. Transport costs for sales in European Union and non-EU countries will be calculated automatically by the system at the time of the order.
C. Shipments that take place within the European Union are exempt from customs duties. Any customs duties, taxes or ancillary fees for shipping to non-EU countries, with particular reference to Switzerland and the United Kingdom, are charged to the customer.7-TERMS OF PAYMENT
Payment can be made in one of the following ways according to the Client's preference:
A. By credit card through the Stripe circuit. Credit card details are not communicated or viewed in any way by DCPS: the payment transaction is limited to the Stripe circuit, which is one of the safest and most guaranteed systems for making online purchases. For more information click here. https://stripe.com
B. With PayPal payment method.
3. upon request by bank transfer.8-DELIVERY METHODS AND TIMES
A. Deliveries are made from Monday to Friday. The delivery is considered to have been made from the moment the product is delivered to the carrier, on average within 5 working days from the crediting of the amount of the invoice issued to the CUSTOMER to the current account of DCPS.
B. The Customer's particular duty is to verify the correctness of his data and report any errors and / or inaccuracies.
No responsibility can be attributed to DCPS in the event of incomplete or incorrect communication of information by the Customer.
C. DCPS undertakes to do everything in its ability to comply with the delivery times communicated to the Customer, which nevertheless remain indicative and not binding.
DCPS is therefore not responsible for delays and / or inefficiencies attributable to unforeseen causes and / or force majeure and / or in any case beyond its direct control. By way of example and not limited to, the following are causes of force majeure: strikes, blocking of means of transport, the provisions of the competent authorities, computer failures, blocking of telecommunications including networks and in particular the internet, adverse weather conditions, emergencies sanitary, etc.
D. For the delivery of its customers' goods, DCPS makes use of express couriers and / or national and international forwarding agents able to provide the best service at the best price.
DCPS reserves the right to use other couriers and / or shippers according to the needs of the Customers, their own, convenience or for any other useful reason. No obligation or commitment of prior notice is assumed here regarding the change of forwarder, without prejudice to previous agreements entered into with individual Customers.
E. The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product, will constitute proof of transport and release of the goods.
F. Upon delivery, the customer must, before signing the document, check:
that the number of packages on the transport document issued by the DCPS is equal to the number of packages shown on the courier's bulletin and that both correspond to the number of packages actually received;
that the labels affixed to the packages show the correct destination address;
that the packages do not show any visible damage and / or tampering such as, by way of example but not limited to, crushing, torn or damaged tape, breakage or tearing of the outer casing.
If anomalies are found, the customer must refuse the delivery of the products or put his reservations in writing, preferably specifying the anomalies found. Failure to affix the reserve clause, at the same time as signing the delivery note, relieves the Transporter from any liability relating to damage deriving from negligence and / or accidents during transport. These reservations must be confirmed to DCPS by registered letter with return receipt within three (3) working days following the delivery of the products.
G. In the event of delays, breakdowns, total or partial losses or other problems, the customer has the right to appeal to the carrier without DCPS's responsibility ever being taken into consideration.9-COLLECTION OF PRODUCTS IN CASE OF ABSENCE OF THE CUSTOMER
A. In case of absence of the Customer or his representative during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer and the products must be collected at the address and in the manner indicated by the carrier. The storage costs will be borne by the CUSTOMER.
B. In case of failure to collect within 2 (two) days following the attempted delivery, the products will be returned to DCPS which reserves the right to refund the price of the products net of all shipping and storage costs, which will therefore remain at charged to the CUSTOMER.10-RIGHT OF WITHDRAWAL
The right of withdrawal applies to natural persons (consumers) who act for purposes that can be considered unrelated to their professional activity. Therefore, purchases made by retailers, companies and individuals who act for purposes related to a professional activity are excluded from the right of withdrawal.
A. The CUSTOMER has the right to withdraw from the Contract, without any penalty and without specifying the reason, no later than 14 days from the day on which he receives the goods.
Following this right, the CUSTOMER must communicate to DCPS, through an explicit declaration, the will to withdraw from the contract or by registered mail.
A.R. or by e-mail addressed to firstname.lastname@example.org communicating the details of the order including all the data contained therein (recipient, e-mail address, date of receipt, quantity / name / code of the goods for which it is intended make use of the right of withdrawal).
Alternatively, by filling in the standard withdrawal form, as per Annex 1, Legislative Decree 21/2014 (not mandatory). To download the form click here.
B. If the product has already been delivered, the customer is required to return it to the address that DCPS will communicate to the customer by email.
C. The CUSTOMER must return the products at his own expense within 14 days from the day on which DCPS was notified of the will to withdraw from the contract.
D. The returned products and any ancillary documentation must be intact, unused, in the original packaging and in any case kept diligently. In no case will products returned cash on delivery or carriage forward be accepted.
Any non-compliance or damage found upon receipt of the return will be charged to the Customer, thus invalidating the exercise of the right of withdrawal. In this case, the goods will be made available to the Customer who will collect them at their own expense.
E. Without prejudice to point C., DCPS will refund the price paid for the returned goods including any delivery costs initially paid within a maximum period of 7 days from the date of receipt of the products by the CUSTOMER (Article 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014) and according to the type of payment used for the order unless otherwise expressly agreed.11-DEFECTS AND WARRANTIES
A. The CUSTOMER is aware that the products presented on the DCPS site are entirely handmade one by one and without the use of machines. For this reason, the products may have different characteristics each time both in the intensity of the colors and in the dimensions or weight. Consequently, those described above cannot be considered conformity defects.
B. The artifacts presented and described on the site are not suitable for containing liquids or foods unless expressly stated and the resistance of the colors with which they are made is not guaranteed to sun exposure.
Damage, breakage and wear caused by improper use that does not comply with the above will constitute the forfeiture of the right to the guarantee.
C. In any case, the warranty does not cover damage due to tampering, neglect, or even incorrect maintenance, as well as damage resulting from transport.
D. Consumers are protected by the 24-month guarantee of conformity, as required by current legislation.
In case of receipt of non-compliant or defective products, the CUSTOMER has the right to restore the conformity of the product without charge by repairing or replacing it. The CUSTOMER can exercise this right if the defect occurs within two years of delivery of the goods and reports the defect to DCPS within two months of discovery.12-TRANSFER OF RISKS
A. The transfer of the risks for the loss or damage of the goods takes place when the CUSTOMER or whoever he has appointed takes possession of the goods following their delivery by the carrier.
B. The risk is transferred to the CUSTOMER already at the time of delivery of the goods to the carrier if the latter has been chosen by the consumer and this choice has not been proposed by DCPS, without prejudice to the consumer's rights towards the carrier.
C. In the withdrawal period referred to in article 10.A., the CUSTOMER is responsible for the object as custodian. In case of damage or destruction of the product during the custody of the customer, the latter will suffer all the consequences.
D. The risks of transport for the return of the products are fully borne by the customer.13-USE OF THE SITE - LIABILITY
A. The CUSTOMER has the right to access the site for consultation and making purchases. No other use, in particular commercial, of the site or its content is permitted.
B. It is the CUSTOMER's duty to equip himself with the equipment and / or software necessary for connection to the Internet. Any incompatibility with the site and / or the inability to access, in whole or in part, the pages of your interest will in no case generate charges or responsibilities attributable to DCPS, which also assumes no responsibility for inefficiencies attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet, in the event that it fails to execute the order within the time stipulated in the contract.
C. DCPS reserves the right to suspend, in whole or in part, the visibility of the Site and / or its functions and the suspension may be applied at its sole discretion, for safety and / or maintenance reasons or any other reason. should it deem it necessary for the protection of its own interests and / or that of customers and / or suppliers. In this eventuality, no charge or liability can be attributed to DCPS.
D. The photographs and video presentation of the products accompanying the descriptive information are published on the site for descriptive purposes, taking into account that the quality of the images, including an exact display of the color variations, may depend on software and IT tools. used by the customer when connecting to the site. DCPS assumes no responsibility for problems caused to the customer by the use of the site and the technologies used as they are not dependent on their own will.14-INTELLECTUAL PROPERTY
DCPS is the owner of the intellectual property rights of the site and the right to disseminate the elements contained therein. Any type of reproduction, communication and / or publication, distribution, alteration and / or transformation, in any form and for any purpose, is prohibited. DCPS reserves the right to take legal action to protect these aspecs.15-PERSONAL DATA
A. DCPS is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for the data relating to the payment procedure for which reference is made to the banking institutions through which the transaction takes place.
B. Personal Data may be disclosed to specifically identified external parties:
- to the commercial partners of DCPS and to those in charge of logistics, shipping, delivery and return of the purchased products;
- to consultants and collaborators appointed by DCPS to provide (by way of example) assistance in tax, accounting and legal matters, it being understood that these subjects will not in turn communicate user data to third parties;
- to subjects providing services for the management of the DCPS information system and telecommunications networks;
- to subjects who carry out control and auditing obligations on the activities carried out by DCPS also in the interest of customers;
- to subjects who carry out advertising and marketing on behalf of DCPS.
C. 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 at the time of registration on the website www.danilocascella.com16-OBLIGATIONS OF THE CUSTOMER
A. The Customer declares and warrants that he is a Consumer as defined in Article 3, paragraph 1, letter a) of the Consumer Code.
B. The information contained in these General Conditions of Sale must be read and fully accepted by the Customer before sending the purchase order. Acceptance takes place by marking the appropriate space on the site. Failing this, the order cannot be processed.
C. The Customer also undertakes, once the online purchase procedure has been completed, to print and keep these General Conditions.17-INTEGRITY OF THE CONTRACT
A. These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to the law, regulation or following a decision by a court with jurisdiction, the other provisions will continue to have full force and effect.
A. These General Conditions of Sale are subject to Italian law. Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of the conditions of sale by accessing the following site: https: // webgate .ec.europa.eu / odr.