General Terms and Conditions of Sale

OBJECT

1.1 The present general conditions of online sale (hereinafter “GCS”) regulate the contract (hereinafter the “CONTRACT”) for the sale of the PRODUCTS (hereinafter the “PRODUCT” or the “PRODUCTS”) offered by DULCEDO S.R.L. VIA SAN GIUSEPPE LA RENA,30 Catania 95129 CATANIA (CT) P.IVA 05791770877 – through its WEBSITE shop. dolcinonnavincenza.com (hereinafter the “WEBSITE”) to the users of the WEBSITE (hereinafter the “CUSTOMERS” or the “CUSTOMER”), in accordance with the provisions of Part III, Title III, Chapter I of the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments) as well as the Legislative Decree no. 70/2003 on electronic commerce.

EFFECTIVENESS AND MODIFICATION OF THE GCV
2.1 DULCEDO S.R.L. reserves the right to modify the GSC at any time. The CGV applicable to the sale of the PRODUCTS are therefore those published on the SITE at the date of the order for the PRODUCTS. The CUSTOMER, therefore, must check the GSC applicable at the time of purchase.

2.2Pre-contractual information for the consumer -art. 49 of Legislative Decree 206/2005. The CUSTOMER before the conclusion of the purchase contract, takes vision of the characteristics of the goods that are illustrated in the single PRODUCT cards at the moment of the choice by the CUSTOMER.
Before the conclusion of the purchase contract and before the validation of the order with “obligation to pay”, the CUSTOMER is informed about:

– identity and center of the professional (DULCEDO S.R.L. VIA SAN GIUSEPPE LA RENA 30, 95129 CATANIA (CT) P.IVA 05791770877 tel: 06 5575548, info@dolcinonnavincenza.com)
– total price of the goods comprehensive of the taxes, with the detail of the shipment expenses and every other cost;
– method of payment;
– the term within which DULCEDO S.R.L. undertakes to deliver the goods;
– conditions, terms and procedures for exercising the right of withdrawal (art. 8 of these conditions);
– 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 goods purchased;

2.3 The present GSC are put in the availability of the customer for their reproduction and conservation according to the art. 12, D.Lgs. 9 April 2003, n. 70, and they are those applied by DULCEDO S.R.L. for the purchase by the customers of the products supplied by the latter and they are considered integral and substantial part of the order confirmation prepared by DULCEDO S.R.L., having the same negotiation content between the parties.

2.4 These CGV are considered read, accepted, approved and understood by the CUSTOMER with the transmission of the purchase order placed on the WEBSITE; the forwarding of the purchase order can only take place after the CUSTOMER has fully read and accepted these CGV, by putting a flag in the indicated box. In the order confirmation email from DULCEDO S.R.L. the CUSTOMER will also receive the link to download and store a copy of these CGV (art. 5 paragraph 1 Legislative Decree 206/2005 and subsequent amendments).

2.5 The CONTRACT is governed in all respects exclusively by the GTC in force from time to time at the time of purchase.

SALE PROCEDURE
3.1 The offer of the PRODUCTS presented on the SITE is subject to their actual availability. The presentation of the PRODUCTS on the SITE constitutes an invitation addressed to the users of the SITE to formulate a proposal of purchase to DULCEDO S.R.L.
. Such proposals do not have binding nature for DULCEDO S.R.L. and, in particular, they do not constitute offers to the public according to and for the effects of the art. 1336 of the Italian Civil Code, remaining, in the full discretion of DULCEDO S.R.L., every decision about the acceptance of the eventually formulated proposals.

3.2 The CUSTOMER that intends to proceed to the purchase of the PRODUCTS must manifest such will through a demand carried out directly on the SITE, in the section purposely dedicated, where, following the procedures therein indicated, it will send its own order of purchase with payment and/or obligation of payment. The data communicated for the payment will be communicated to and treated by DULCEDO S.R.L. The technical phases to execute for the conclusion of the Contract are the following:

a) The CUSTOMER must register to the SITE, communicating his personal data including his email address and a password of his choice, which will become the credentials to access the SITE.
b) the CUSTOMER will then have to choose the PRODUCT to buy, specifying quantity and model or color, clicking on the “Buy” button. The choice thus made will automatically enter the “cart” section, where it is possible to know, by clicking on the “View cart” button, before the purchase and payment, the shipping costs and the expected delivery time.
c) At the end of the procedure indicated in points a) and b) above, by clicking on “Complete order”, the CUSTOMER will automatically enter the “checkout” section where he/she will have to enter the billing and shipping information and choose the payment method. Finally, by clicking on the “place order” button, the customer will forward the order to DULCEDO S.R.L. and this shall be considered, to all intents and purposes, a contractual proposal by the CUSTOMER. The placing of the Order by the CUSTOMER will be followed by a confirmation from DULCEDO S.R.L. regarding the receipt of the Order itself, with the sending by e-mail of the “Order Confirmation” on the e-mail account communicated by the CUSTOMER.
d) in order to finalize the contract, the CUSTOMER shall make the payment in one of the allowed ways; the obligations for DULCEDO S.R.L. concerning the performances deriving from the CONTRACT will start only from the moment of the receipt of the payment.

3.3 Methods of payment. The payment of the order shall be made
a) at the moment of the forwarding to DULCEDO S.R.L. of the order itself on-line by PayPal, Satispay or credit card following the indications reported on the WEBSITE itself;
b) by bank transfer to the current account IT64W0760116900001052576566, made out to “DULCEDO S.R.L.”, indicating as reason for payment the order number.
To confirm the order the CUSTOMER in the “checkout” section, must enter in addition to the shipping address, its data including the tax code, shipping address and any other data useful for payment, including the details of your PayPal account, these data remain editable until the final submission of the order, performed by typing the “complete order”.

3.4 The CUSTOMER declares that he/she is of age and has the necessary legal capacity to proceed with the purchase as provided for in these GSC and that all the data communicated to DULCEDO S.R.L., nothing excluded, are true and correct.

3.5 The AGREEMENT shall be considered concluded when DULCEDO S.R.L. receives the payment of the consideration. Once received the payment, DULCEDO S.R.L. will send by email to the CUSTOMER the confirmation of the order. Such Confirmation will summarize the selected PRODUCTS, the relevant Prices (including Delivery charges), the delivery address, the order number and will also contain a link to download these General Conditions of Sale. The AGREEMENT however will be considered terminated if the PRODUCT is not available, as indicated in art. 4.3.

3.6 In case of multiple orders, as many contracts will be stipulated as the number of PRODUCTS ordered. The effectiveness of every contract is subordinate to the effective availability of the PRODUCT, according to how much specified to the preceding art. 3.5 and to the following art. 4.3.

3.7 The essential characteristics of the PRODUCTS, including the price including VAT and delivery costs, are viewable and knowable by the CLIENT in the moment before the conclusion of the AGREEMENT and the execution of the payment. In particular, the essential characteristics of the PRODUCTS can be viewed by accessing the appropriate sections of the SITE organized by product category. In such sections DULCEDO S.R.L., in addition to the description and the characteristics of the PRODUCT, will publish, if possible, also some pictures with the only purpose of representing the PRODUCT.

3.8 DULCEDO S.R.L. does not apply any tariff or impose any charge for the access to the WEBSITE. The expenses borne by the CUSTOMER are exclusively those of Internet surfing, as agreed between the CUSTOMER and its Internet Provider, DULCEDO S.R.L. being totally extraneous to such relationship.

3.9 Once received the order of purchase, DULCEDO S.R.L. will transmit to the CUSTOMER the receipt of the order, in Italian language, containing a summary of the content of the relative information to the sale and the indications for the payment if not effected at the moment of the order. Verified the payment of the products from part of the customer, it will proceed to the evasion of the purchase order, except as provided in the following art.4.1.

RIGHTS AND OBLIGATIONS OF DULCEDO S.R.L.
4.1 Delivery of the PRODUCTS. DULCEDO S.R.L. except as provided for in art. 4.3, undertakes to deliver the products to the address communicated by the customer in the purchase order, through the carrier responsible for their transport. DULCEDO S.R.L. cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER.

4.2 The delivery of the PRODUCTS takes place in the term indicated in the order confirmation, and in any case within 15 days from the receipt of payment by DULCEDO S.R.L.. Delivery costs are charged to the CUSTOMER and are equal to (see related page)

4.3 Unavailability of PRODUCTS. The availability of the PRODUCTS refers to the actual availability at the time the CUSTOMER makes the order. Such availability must be considered purely indicative because, as a result of the simultaneous presence on the Site of more users, the PRODUCTS could be sold to other CUSTOMERS before the confirmation of the order. DULCEDO S.R.L. reserves the right to notify the CUSTOMER, within 5 days after payment to the email address associated with his profile, the possible unavailability of one or more of the PRODUCTS purchased. In this case, the AGREEMENT will be terminated and DULCEDO S.R.L. will refund (to the payment card or PayPal account indicated by the CUSTOMER for the purchase) the price and the shipping costs (if the purchase has concerned only the unavailable PRODUCT or, in case of multiple orders, limited to the shipping costs specifically related to the unavailable PRODUCT).
In case of multiple orders, the unavailability of one or more of the PRODUCTS ordered will not give the customer the right to cancel the entire order.

RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1 The CUSTOMER is the only responsible for the truthfulness and correctness of the information and data provided to DULCEDO S.R.L. and requested by the latter through the WEBSITE, and undertakes to promptly communicate any variation of the inserted data.

5.2 The CUSTOMER, upon confirmation of the purchase order declares:
a) to have read, understood and accepted the GCS;
b) to authorize DULCEDO S.R.L. to the treatment of the personal data communicated at the moment of the purchase, and to transmit to DULCEDO S.R.L. (according to what indicated at the art. 3) the personal data necessary to the elaboration of the payment according to the indicated modalities.
5.3 Delivery of the PRODUCTS. At the time of delivery of the PRODUCTS to the CUSTOMER by the carrier in charge of their transport, the CUSTOMER shall check, in the presence of the carrier:

a) that the quantity and type of products ordered corresponds to what is indicated in the transport document;
b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even if only in the closing materials;
c) that the quantity and the typology of the delivered products correspond to how much ordered. Any anomalies or discrepancies must be challenged immediately to the carrier upon receipt of the products, by their indication in the delivery note.
5.4 Assistance. For any need of assistance or complaint related to the PRODUCTS, the CUSTOMER shall contact DULCEDO S.R.L. at the addresses indicated in the following point 11 of the GSC.

RESPONSIBILITY
DULCEDO S.R.L. does not assume any responsibility for inefficiencies attributable to force majeure or fortuitous event, even if dependent on malfunctions and inefficiencies of the Internet, in case it is not able to execute the order in the time provided by the contract.
WARRANTY
7.1 Warranty: DULCEDO S.R.L. will provide, in relation to the PRODUCTS, the legal guarantee of conformity to the conditions and in the terms of art. 128 and ss. of D. Lgs. N. 206/2005. In particular, in case of defect of conformity, the CLIENT will have the right to obtain the restitution of the price and of the shipment expenses.

7.2 The rights deriving from the legal guarantee of conformity can be exercised on condition that the PRODUCTS have been used correctly, with due diligence and in respect of the destination of use and of what foreseen in the enclosed indications, as well as upon exhibition by the CLIENT of the delivery note and the indication of the order number. The expenses related to the return of PRODUCTS as a result of the exercise of the warranty will be borne by DULCEDO S.R.L.

7.3 The legal warranty of conformity is limited to defects not arising from the normal use of the PRODUCT.

RIGHT OF WITHDRAWAL
8.1According to the art. 52 of the D.lgs. 206/2005 (Consumer Code) the consumer has a period of fourteen days from the date of delivery of the PRODUCT to withdraw from the contract without having to give any reason and without having to bear costs different from those provided for by the art. 56, paragraph 2 (DULCEDO S. R.L. will refund all the payments received by the consumer, possibly including the delivery costs, but DULCEDO S.R.L. can withhold the refund until it has received in return the goods), and article 57 (The consumer will sustain only the direct cost of the return of the goods). According to art. 54 to exercise the right of withdrawal, the consumer shall, before the expiry of the withdrawal period, inform DULCEDO S.R.L. of his decision. To this end the consumer may:

a) use the standard withdrawal form in Annex I, Part B of the Consumer Code (to be obtained from info@dolcinonnavincenza.com);
b) submit any other explicit statement of your decision to withdraw from the contract.

8.2 The explicit declaration containing the decision to withdraw from the contract shall be transmitted

a)by registered letter with return receipt to the address “DULCEDO S.R.L. VIA SAN GIUSEPPE LA RENA 30, 95129 CATANIA (CT)”;
b) or by fax to the number 0931 1853713.

It will be care of DULCEDO S.R.L. to transmit to the CUSTOMER a confirmation of the receipt of the withdrawal by fax or e-mail.

 

8.3 In case of exercise of the right of withdrawal, the CUSTOMER shall return the goods to DULCEDO S.R.L. without undue delay and in any case not later than 14 days from the day on which he communicated to DULCEDO S.R.L. his will to withdraw from the contract (art. 57 of the Legislative Decree 206/2005).The deadline is met if the CUSTOMER sends back the goods before the expiry of the period of 14 days.

The goods must be returned to DULCEDO S.R.L. at “DULCEDO S.R.L. VIA SAN GIUSEPPE LA RENA 30, 95129 CATANIA (CT)”. The direct costs of returning the PRODUCTS are borne by the CUSTOMER.
The goods must be returned intact, in original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete the attached tax documentation. Without prejudice to the right to verify compliance with the above, DULCEDO S.R.L. will refund the amount of PRODUCTS subject to withdrawal within a maximum of 14 days, including any shipping costs. Said refunds will be made using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise;

As provided by art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, DULCEDO S.R.L. may suspend the refund until receipt of the goods or until the consumer has demonstrated that he has returned the goods, if earlier.
In the case of exercising the right of withdrawal without respecting the procedures outlined above (e.g. beyond the 14 days provided by law), DULCEDO S.R.L. will reship the PRODUCTS purchased and also charge the additional shipping costs.

8.4The right to withdraw referred to in Article 8.2 above is not granted to the CUSTOMER in the cases described in Article 59 of the Consumer Code and in particular in the case of purchase of goods clearly personalized and in case of supply of sealed goods that are not suitable to be returned for hygienic reasons or related to the protection of health and have been opened after delivery.

8.5This article does not apply to CLIENTS who do not fall within the definition of “consumer” in accordance with the provisions of the Consumer Code.

USE OF THE SITE
9.1 Description and visualization of the PRODUCTS. The descriptions of the PRODUCTS and the present images on the SITE are correspondent to how much made available from DULCEDO S.R.L.. The photographies and the video of presentation of the products to accompany the descriptive information are published on the site to descriptive title, being understood that the quality of the images (for example in terms of exact visualization of the colors) can depend on software and computer tools used by the customer at the moment of the connection to the site.

9.2 Malfunctions. DULCEDO S.R.L. does not assume any responsibility for the problems caused to the CUSTOMER by the use of the WEBSITE and of the technologies used, as not depending on its own will, such as, by way of example:

a) errors, delays or impossibility of access to the SITE by the CUSTOMER during the execution of the sale procedure;
b) errors, delays or impossibility in the reception, by the customer, of the communications made by DULCEDO S.R.L. in relation to the sale of the PRODUCTS.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
10.1 DULCEDO S.R.L. informs that the SITE, its presentation, as well as all the marks and distinctive signs used by DULCEDO S.R.L. in relation to the sale of the PRODUCTS, are protected by the rights of intellectual and industrial property and it is therefore prohibited any form of reproduction, communication, distribution, publication, alteration or transformation, in any way and for any purpose they occur, of the contents of the SITE, of the marks and distinctive signs used by DULCEDO S.R.L. (such as, for example, the use of the brands and distinctive signs used by DULCEDO S.R.L.). R.L. (such as, by way of example, images, photographs, dialogues, presentations, music, sounds, videos, graphics, colors, functions and design of the WEBSITE).

10.2 DULCEDO S.R.L. does not assume any responsibility for trademarks and other distinctive signs that appear on the PRODUCTS it markets on the WEBSITE, with respect to which the CLIENT does not acquire any right as a result of the conclusion of the AGREEMENT.

PROTECTION OF PERSONAL DATA
DULCEDO S.R.L. is the owner of the personal data collected at the time of registration to the WEBSITE, as well as those subsequently communicated at the time of purchase by the CLIENT.
For information relating to the processing of personal data, including the rights under Art. 7 D. lgs. 196/03, please refer to the detailed information already provided at the time of registration to the SITE and always available there.
COMMUNICATIONS
12.1 For any communication you can contact DULCEDO S.R.L. at the following addresses: info@dolcinonnavincenza.com
RIGHT OF WITHDRAWAL
8.1According to the art. 52 of the D.lgs. 206/2005 (Consumer Code) the consumer has a period of fourteen days from the date of delivery of the PRODUCT to withdraw from the contract without having to give any reason and without having to bear costs different from those provided for by the art. 56, paragraph 2 (DULCEDO S. R.L. will refund all the payments received by the consumer, possibly including the delivery costs, but DULCEDO S.R.L. can withhold the refund until it has received in return the goods), and article 57 (The consumer will sustain only the direct cost of the return of the goods). According to art. 54 to exercise the right of withdrawal, the consumer shall, before the expiry of the withdrawal period, inform DULCEDO S.R.L. of his decision. To this end the consumer may:

12.2 The CLIENT acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and any documentation on the operations performed, referring to the purchase of the PRODUCTS, will be sent to the e-mail address indicated at the time of registration, with the possibility to download the information on a durable medium in the manner and within the limits provided by the SITE. It should be noted, in any case, that communications sent by the CLIENT can never integrate the AGREEMENT, which will always be governed by these GTC and, where present, the Special Conditions applicable to the sales campaign.

Data protection
DULCEDO S.R.L. reserves the right to keep the data of each Order as well as the contact details of the CUSTOMER for the sole purpose of using them for the correct execution of the Order (also through the transmission to the commercial partners involved in the management of the payment, in the execution of the Order and/or in the shipment of the item), of any claims regarding the warranty of the item and/or recommendations or instructions to the CUSTOMER regarding the item. The storage and processing of data will be in accordance with the content of the information concerning the protection and use of personal data by DULCEDO S.R.L. (“privacy policy”).
Notwithstanding the foregoing, any use of the CLIENT’s personal data shall be subject to the provisions contained in the aforementioned privacy policy.

 

14.Email and Spam
DULCEDO S.R.L. also recommends to verify that the e-mails sent by the same are not redirected or blocked by any ‘spam filters’ or do not reach their destination correctly due to other technical problems of the e-mail program of the recipient CLIENT.

15.Websites: liability in case of defects
Our websites are designed according to the company’s own criteria. We cannot guarantee that our websites will meet all of the CUSTOMER’S requirements and that they will be accessible 24 hours a day, without interruption, securely and without errors. Use of the websites is the responsibility of the CLIENT. We assume no responsibility for any effects caused by the use of the WEBSITE and for the accuracy of the information you obtain from our websites.

APPLICABLE LAW
16.1 The applicable law to the sale of the PRODUCTS is the Italian one. They are applied, in particular, the provisions of Chapter I of Title III of Part III of the Consumer Code (D.lgs. 206/2005).

16.2 The possible invalidity of single clauses of the CONTRACT or of the GTCV will not imply the invalidity of the whole CONTRACT or of the GTCV.

17. Dispute resolution

 

17.1. All disputes arising from this contract will be referred to a conciliation body at the Chamber of Commerce of Syracuse and resolved according to the Conciliation Regulations adopted by the same.
In case the Parties intend to refer to the ordinary Judicial Authority, the competent Court is the one of the place of residence or elective domicile of the consumer, mandatory according to art. 33, paragraph 2, letter u) of the Consumer Code, for consumers, while for professionals the competent Court is the one of the seat of DULCEDO S.R.L..

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