GENERAL CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter the "General Terms and Conditions") govern the offer and sale via the web of the products described on the website www.dodis.it (hereinafter the "Site").
I.R., owner of the "Dodis" brand, reserves the right to amend these conditions at any time, giving notice thereof by publication on the Site. In the event of a change in the General Terms and Conditions, the General Terms and Conditions published on the Site at the time the order is placed by the purchaser of the products (hereinafter the "Customer") shall apply to the purchase made.
1. SITE REGISTRATION
The Site is intended exclusively for Customers who have reached the age of eighteen years. By placing an order through the Site, the Customer warrants that he/she is of legal age according to the legislation applicable to him/her.
The e-commerce service offered within the Site is made accessible after a registration procedure. The General Terms and Conditions must be accepted by the Customer when registering on the Site, in order to use the service offered.
Registration can be carried out, free of charge, on the web page www.dodis.it/iscriviti/ by providing, truthfully and completely, one's personal data and a valid e-mail address, and by choosing a password that the Customer undertakes to keep with due care under his own responsibility.
The data entered by the Customer in the registration form will be processed by I.R. in full compliance with the Law in accordance with the privacy policy, accepted in full by the Customer at the time of registration.
2. IDENTIFICATION OF PRODUCTS
The products available for purchase through the Site (hereinafter the "Product(s)") are visible on the web page www.dodis.it/prodotti/. For each Product, the following are shown
a) Description and data sheet illustrating the characteristics of the Product;
b) Image accompanying the technical data sheet with non-descriptive but purely illustrative function and which, as such, may differ from the finished product in colour, shape and size - the Customer accepts that any such minor differences do not constitute a lack of conformity of the Products. The aforementioned image does not constitute a contractual element;
c) Unit price, expressed in Euro and inclusive of VAT.
3. CONDITIONS OF THE OFFER
I.R. reserves the right to change the descriptions, availability and prices of the Products; such changes will take effect from the date of their publication on the Site, except for orders already placed.
I.R. keeps the catalogue of Products present on the Site constantly updated, inserting new Products and indicating those that are temporarily unavailable. Nonetheless, it is possible that, due to extraordinary circumstances, the availability of a Product may end at a time subsequent to the placing of the order: should such an eventuality occur, I.R. will promptly inform the Customer, contacting him/her through the e-mail address provided during registration.
4. PURCHASE PROCEDURE AND METHOD OF PAYMENT
Each order placed through the Site constitutes an offer for the purchase of the Products that are the object of the same and is considered completed only after an order confirmation (which the Customer is invited to keep) has been sent to the e-mail address indicated by the Customer during registration (hereinafter "Order Confirmation").
The execution of each order is subject to the availability of the ordered Products and to the discretionary acceptance of the same by I.R.. In case of non-acceptance of the order placed, the Customer shall not be entitled to claim any compensation for contractual or extra-contractual damages, except for the reimbursement of the amount already paid, if any.
The Order Confirmation shall contain the Order number, the type and quantity of Products requested, as well as a summary of billing and delivery data. The Customer undertakes to ensure the correctness of such data and, in the event that it detects the presence of any error, to notify I.R. immediately.
In the absence of Order Confirmation within two working days from the placing of the order, the Customer is invited to contact I.R. directly at the following telephone number: +39 0432 730138.
Payment can be made exclusively by credit card and is made without any additional charge. Please note that the data relating to the Customer's credit card shall not be disclosed to I.R., which makes use of third-party instruments for the processing of payments.
For each order I.R. will issue an invoice showing the unit price of the Products ordered, the VAT applied and any shipping costs. This invoice will be headed to the Customer, using the personal data provided by the same during registration on the Site. The invoice will be attached to the products ordered and delivered to the Customer together with them by the express courier.
5. SHIPMENT
The purchased Products will be shipped by express courier (hereinafter "Courier") to the address indicated by the Customer when registering to the Site, unless a different delivery address was indicated when placing the order. I.R. shall not be held liable for any direct or indirect consequences arising from delivery times, which depend on many factors including, but not limited to, the Courier, the destination address and the person in charge of delivery. Deliveries are made on working days (Monday to Friday), excluding public holidays and pre-holidays.
The customer can check the status of the order placed at any time in the reserved web area, which can be accessed once registered.
The goods are shipped in packaging prepared directly by I.R..
Upon delivery of the goods, it shall be the Customer's responsibility to check that the packaging is intact and that the number of packages delivered corresponds to the number indicated on the transport document (TD).
In the event of any anomalies, the Customer shall be obliged to detect them immediately, placing a written control reservation - and specifying the reason for the same - on the Courier's delivery document; otherwise, the Customer shall forfeit the right to raise any objection regarding the characteristics of the goods delivered. Moreover, any such anomalies shall be reported by the Customer to I.R. by filling in the form on the web page www.dodis.it/contatti/.
6. NON-CONFORMING PRODUCTS
I.R. is directly responsible for the conformity of the Products. In case of non-conforming Products, the Customer will contact I.R. through the form on the web page www.dodis.it/contatti/.
I.R. reserves the right to verify the actual existence of the defects complained of and to make the replacement or refund only after such verification.
I.R. shall bear the costs of returning the Products acknowledged as defective.
7. LIABILITY
I.R. shall not be liable for damages that may arise from the use of the Site such as computer viruses, omissions, service interruptions and software failures, even to the detriment of the Customer's computer equipment, which prevent or delay the provision of services if these are due to external causes, force majeure and/or third parties beyond the control of the owner.
I.R. shall in no event be held liable for delays or defects or non-conformities dependent on events beyond its reasonable control such as, by way of example only: (i) events of force majeure; (ii) events dependent on the actions of third parties such as the interruption or malfunctioning of the services of telecommunications operators and/or power lines, or acts or omissions by carriers or shippers.
8. WITHDRAWAL
The Customer who qualifies as a consumer (i.e., the Customer who is a natural person acting for purposes which are outside his/her business, commercial, handicraft or professional activity) has the right to withdraw from the contract without any penalty and without specifying the reason within 14 (fourteen) days from the date of receipt of the purchased Products, under penalty of forfeiture. To exercise this right, the Customer shall send to I.R., through the form on the web page www.dodis.it/contatti/, an unequivocal communication of its intention to withdraw from the contract, containing
a) the manifestation by the Customer of his intention to avail himself of the right of withdrawal pursuant to and for the purposes of Article 54 of Legislative Decree no. 21/2014
b) the indication of the products for which the Customer intends to avail himself of the right of withdrawal
c) the progressive number of the order issued at the time of purchase
d) the identification details of the invoice issued by I.R. for the products purchased.
Entro 14 giorni dalla data in cui ha comunicato la volontà di avvalersi del diritto di recesso, il Cliente dovrà restituire i Prodotti integri e senza alcuna alterazione, spedendoli – debitamente imballati – a proprie spese tramite corriere espresso a I.R., al seguente indirizzo: Via Zona Industriale 1, 33049 San Pietro al Natisone (UD). I Prodotti dovranno essere restituiti integri, nella loro confezione originale completa in ogni propria parte, ivi inclusi accessori ed etichette.
In caso di esercizio del diritto di recesso, I.R. provvederà ad accreditare in favore del Cliente receduto l’importo corrisposto per l’acquisto dei Prodotti resi entro il termine di 14 giorni, decorrenti dalla data di avvenuta ricezione della comunicazione di recesso, a condizione che I.R. abbia già ricevuto la restituzione dei beni oppure che sia stata fornita da parte del Cliente la prova di aver già provveduto alla spedizione dei beni.
9. APPLICABLE LAW AND PLACE OF JURISDICTION
These General Conditions are governed in every aspect by Italian law.
Purchase contracts concluded through the Site are deemed to be concluded in Italy, governed by Italian law and subject to Italian jurisdiction.
Any disputes concerning the validity or execution of the latter and the interpretation of the present General Terms and Conditions of Sale that may arise between I.R. and the Customer shall be settled exclusively by the Italian Courts, as better specified below:
a) If the Customer qualifies as a Consumer under the laws in force, the court of the place of residence or domicile of the Customer shall have jurisdiction, according to the applicable law;
b) If the Customer acts in the exercise of his entrepreneurial, commercial, handicraft or professional activity, the Court of Udine shall have exclusive jurisdiction.
