GENERAL CONDITIONS OF SALE
Subject of these General Conditions
These General Conditions of Sale ("General Conditions") define the terms and conditions of sale between Gloves Espedito sas di Iovine Marco, owner of the website store.damiani.com ("the Site") and the person registered on the Site who acts for personal and non-professional purposes ("Customer") and who intends to purchase the products offered by Gloves Espedito sas di Iovine Marco in the restricted access section of the Site ("the Products").
These General Conditions relate to the distance selling via retail internet to consumers of Products, governed in particular by Legislative Decree no. 206/2005 ("Consumer Code") and Legislative Decree no. 70/2003.
Seller is: Gloves Espedito sas di Iovine Marco, VAT number 03783540630, with registered office in via andrea vaccaro 16, 80127 - naples, Customer is: a consumer who is 18 years of age and is resident in the countries where the site is enabled to online sales.
Gloves Espedito sas di Iovine Marco does not deliver the Products to countries other than those indicated. Not all Products may be available for purchase in the country of the Site visitor.
These General Conditions can be modified at any time. The version of the General Conditions published at the time of the conclusion of the Contract will prevail between the Parties. Under no circumstances can Gloves Espedito sas di Iovine Marco be considered bound by conditions sent by the Customer or otherwise different from the present ones. Prices, Products on the Site and their characteristics are subject to change without notice.
The acceptance of these Conditions by the Customer is essential for the completion of the Product purchase procedure.
Conclusion and execution of the Contract - unavailability of the Product
To make the purchase, the customer must register on the site, access the appropriate reserved area with their credentials, choose the product to be purchased and enter it in the appropriate section of the "Cart" site, where the characteristics of the products will be displayed, the price , applicable VAT, shipping costs and expected delivery times. Registration and access to the Site, as well as the use of the e-commerce service are totally free, only the costs and charges for the equipment and IT connections necessary to take advantage of the e-commerce services remain the responsibility of the Customer. .
The order is sent following the insertion in the appropriate section for payment, of the shipping data and of the data necessary to make the payment, requested by the intermediary in charge. These data can be changed until the appropriate "Buy" button is selected. Payment will be made by credit card or PayPal and the charge will normally be made within the terms indicated by the payment service used. By sending the order, the Customer expressly consents to the use by Gloves Espedito sas of Iovine Marco of the e-mail, telephone and address in relation to the conclusion and execution of the contract.
Gloves Espedito sas di Iovine Marco will send the customer an order confirmation email, containing the conditions of sale and the order made. The Customer's order and the order confirmation with the relevant applicable General Conditions are electronically filed by Gloves Espedito sas di Iovine Marco and the Customer can request a copy by sending an e-mail communication to Gloves Espedito sas di Iovine Marco at the address email@example.com.
The product sales contract is concluded when Gloves Espedito sas di Iovine Marco receives the payment of the price by the Customer.
The validity of the contract is subject to the availability of the Product. In the event that the Product is no longer available, Gloves Espedito sas di Iovine Marco will notify the Customer within 20 days of receipt
of the Order and reserves the right to terminate the sales contract, returning the full price paid to the Customer, without any further charge or burden of any kind on Gloves Espedito sas di Iovine Marco.
The Order that is displayed by the Customer and sent by email by Gloves Espedito sas di Iovine Marco reports all the essential elements of the Contract, including all the information required by law. The Customer is required to check the Order and verify that the information contained is correct and complete.
Delivery of the Products
Gloves Espedito sas di Iovine Marco delivers the Product to the Customer within the deadline indicated on the Site and indicated in the order confirmation at the address indicated by the Customer.
Delivery costs are charged to the Customer and the relative price is published in detail as indicated in the offer published on the Site, as well as reported in the order and in the order confirmation.
The shipment and delivery of the Product will be carried out in the manner and with the times indicated in the order confirmation. In case of failure to indicate in the Contract, delivery will take place within 30 (thirty) days following that in which the Customer has sent the order.
The Product will be delivered to the place indicated by the Customer for delivery and the Customer is required to receive the Product and facilitate delivery, in accordance with what is indicated in the order. In the case of unjustified refusal to receive the Product, Gloves Espedito sas di Iovine Marco will have the right to terminate the Contract, without prejudice to compensation for damages suffered (including any shipping and storage costs for the Products).
At the time of delivery, the customer is required to check the integrity, quantity and type of products delivered, the fact that they comply with those ordered and the provisions of the contract, the fact that the packaging is intact and not damaged, by carrying out the checks that can be carried out on the basis of ordinary diligence and immediately contesting the courier with a note on the delivery note of any defects or discrepancies with respect to the order.
The final price is inclusive of VAT, includes delivery costs and any costs related to the use of the means of payment chosen by the customer.
The Customer is required to make the payment in favor of Gloves Espedito sas di Iovine Marco through the payment method made available on the Site. The delivery of the Products will be made only after the payment has been made.
Other customer obligations
The Customer is required to guarantee the veracity of his / her data provided during the procedure foreseen for the stipulation of the Contract. The Customer undertakes to promptly communicate to Gloves Espedito sas di Iovine Marco any changes relating to his / her personal data provided during the Contract, by sending a specific communication to Gloves Espedito sas di Iovine Marco
Warranty and Limitation of Liability of Gloves Espedito sas di Iovine Marco
The provisions relating to "consumer goods" pursuant to the Consumer Code (Legislative Decree 206 of 6 September 2005), and in particular the legal guarantee of conformity pursuant to art., Apply to "Consumer" customers 129, as well as the applicable provisions in force. In particular, in the event of a lack of conformity of the Products not deriving from the normal use of the Product, the Customer has the right to restore, without charge, the conformity of the Product pursuant to art. 130 of the Consumer Code.
The customer is required to report by registered letter with return receipt. the lack of conformity to Gloves Espedito sas di Iovine Marco within the peremptory term of two months from the date of discovery of the defect. Gloves Espedito sas di Iovine Marco is liable when the lack of conformity occurs within two years from delivery.
In any case, the direct action to assert the defects not maliciously concealed by Gloves Espedito sas di Iovine Marco is prescribed within 26 (twenty-six) months from the delivery of the goods.
The warranty is valid provided that the Products are used correctly, in compliance with the relevant instructions for use and recommendations, and upon presentation of the Customer of the delivery documentation and order number. Without prejudice to the mandatory limitations provided by law, Gloves Espedito sas di Iovine Marco does not offer any guarantee or declaration of conformity of the Products other than what is expressly indicated on the Site, including the conformity of the Products to technical requirements, quality or standards of any nature , for specific or particular purposes.
Customer's right of withdrawal
Pursuant to articles 52 and ss. of the Consumer Code, the Customer who qualifies as a "consumer" pursuant to the Consumer Code has the right to withdraw from the Contract discretionally, without any penalty and without specifying the reason, within the term of 14 (fourteen) days from the day of the delivery of the Products.
The consumer customer can exercise this right through the appropriate procedure provided on the site in the reserved area and following the relevant instructions, or by using the appropriate withdrawal form provided on the site.
In case of exercise of the right of withdrawal, the Products must be returned to the headquarters of Gloves Espedito sas di Iovine Marco for this purpose indicated in their original conditions, complete with all their parts, accessories, documentation and with the relative packaging, which it must be kept intact as far as possible.
The costs for returning the Products will be the sole responsibility of the Customer and will be communicated to the Customer in advance, as will the responsibility for the Products until the return is made to Gloves Espedito sas di Iovine Marco.
Within 14 (fourteen) days following the return of the Products, Gloves Espedito sas di Iovine Marco will refund the price to the Customer, net of the above-mentioned delivery costs.
Unless otherwise agreed between the parties, the Customer cannot exercise the right of withdrawal, among other things, in the following cases: - the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are at risk to deteriorate and / or alter rapidly; - in all other cases provided for by law, with particular reference to art. 59 of the Consumer Code. However, the right of withdrawal is excluded if the Product has been handled in a different way than strictly necessary to establish its nature, characteristics and functioning.
For the purposes of the Contract, the written form includes any communication by electronic means that allows a lasting recording of its content (such as, for example, e-mail messages and html pages).
Retention of the Contract
The Contract and the related order documents are stored, stored and archived by Gloves Espedito sas di Iovine Marco at its headquarters, for the fulfilments necessary for the execution of the Contract, as well as for the related fulfilments and prescriptions required by law, in compliance with of the Privacy Code (Legislative Decree no. 196/2003) and of the EU Regulation 2016/679 of 27 April 2016.
The Customer may request to access and view these documents, upon written request to be sent to Gloves Espedito sas di Iovine Marco at least 7 previous working days by registered letter with return receipt. The Customer may request from Gloves Espedito sas di Iovine Marco that an electronic and / or hard copy of the Contract is provided, against payment of the cost of reproduction and of the support provided.
In any case, the Customer is required to store, keep and archive an electronic and paper copy of the Contract.
Treatment of personal data
The processing of personal data provided by the customer will take place in accordance with the provisions of Legislative Decree 30 June 2003, n. 196 ("Code regarding the protection of personal data") and pursuant to art. 13 of EU Regulation 2016/679 of 27 April 2016 and its subsequent amendments and additions. To this end, Gloves Espedito sas di Iovine Marco provides the Customer with specific information always available on the Site and reported in the order confirmation.
1. These General Conditions and the related Sales Contract concluded between Gloves Espedito sas di Iovine Marco and the Customer are governed by Italian law and, in particular, by Legislative Decree no. 70/2003 on e-commerce as well as, with reference only to consumer customers, as defined above in art. 1, Legislative Decree no. 206/2005 (Consumer Code), without prejudice to mandatory provisions of the law of the customer's country of residence that may be applicable.