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D&D ITALIA S.p.A. Società Benefit, VAT number: 02927630653, REA NA registration number 740304, share capital €2,400,000.00 fully paid up (hereinafter referred to as the "Company"), with registered office in Naples at Viale Gramsci n. 5 and operational headquarters in Pontecagnano Faiano (SA) at via Irno snc, is the Company that intends to sell the "products" on the e-commerce portal (hereinafter referred to as the "Portal") accessible at www.damico.it via the Internet.
CONTACT DETAILS:
D&D Italia S.p.A. Società Benefit
Via Irno,11 Snc
84098 Pontecagnano (SA)
Email: e-info@damico.it
1. Definitions
The term "Consumer" refers to the purchaser of the "Products" who has the status of consumer, meaning a natural person who makes the purchase for purposes not related to any commercial or professional activity, whether or not they are registered on the Portal (Guest user).
The term "Professional" refers to the natural or legal person who makes the purchase for purposes related to any commercial or professional activity carried out, whether or not they are registered on the Portal (Guest user).
The term "Customer" refers to either the Consumer or Professional who intends to make a purchase through the Portal;
The term "Products" refers to all products and/or goods and/or services marketed by the Company on the Portal and forming part of its range, the essential characteristics of which, including prices, are listed in each product description;
The term "Purchase Order" refers to the Customer's express intention to purchase the product;
The term "Product Purchase" refers to the purchase order with delivery of the Products in the days following the date of transmission of the purchase order;
The term "Product Delivery" means the purchase order with delivery of the Products to the address indicated by the Customer at the time of registration or confirmation of the purchase order.
2. Scope of application – effects
The General Terms and Conditions form an integral part of any proposal, purchase order and purchase order confirmation for Products marketed by the Company, in force on the date of the relevant order.
The General Terms and Conditions concern sales to Consumers and/or Professionals (Customers), as specified above.
3. Conclusion of the contract
All contracts are concluded exclusively through the Customer's access to the Portal www.damico.it, after registration or, if the Customer does not intend to register, after providing all the data requested, using remote communication technology via the Internet.
All purchase orders sent to the Company must be completed in full and must contain the information necessary to accurately identify the Products ordered, the Customer and the place of delivery of the Products.
The purchase order sent to the Company through the Portal is considered a contractual proposal made online by the Customer.
The purchase order sent to the Company will be followed by a summary email entitled "ORDER SUMMARY" sent to the Customer's address. This communication does not constitute acceptance of the order but is merely a summary of the order placed.
Only the subsequent "order confirmation" from the Company, sent to the Customer at the email address provided by the Customer, confirms the order details and constitutes acceptance of the contract proposal.
The contract is considered concluded and binding on both parties when the purchase order confirmation is sent to the Customer.
The Company reserves the right not to accept incomplete or incorrectly completed orders and reserves the right to carry out the necessary checks in this case.
The Company reserves the right to refuse the purchase proposal (order) sent, by way of example and without limitation, in the following cases: provision of false personal data; previous non-compliance with the Company for any reason; subjection to insolvency proceedings; lack of availability of the Products - for any reason - in the warehouses; and in any other case incompatible with the economic interests and company policies.
As the online sales system of the www.damico.it Portal is fully computerised and automated, errors may occur in the pricing and discounting of products. In this case, the Company will notify the Customer before confirming the order to allow for its cancellation/modification.
4. Shipping and delivery times and methods
The Company will deliver the Products selected and ordered by the Customer in the manner described in the previous article using trusted couriers and/or shippers.
The products will be delivered to the address indicated by the Customer during the purchase phase, in the manner indicated in the order form. The personal details and delivery address of the Products may be subject to verification by the Company without prior notice. Shipments to PO boxes are not accepted. Shipments can only be made within Italy.
In any case, delivery times are on average forty-eight/seventy-two working hours and in any case do not exceed fifteen working days from the day following the transmission of the "order confirmation" and/or from the payment of the price where this was not made at the time of purchase (e.g. bank transfer, etc.).
The costs of delivery of the Products are borne by the Customer, unless otherwise indicated, and will be indicated from time to time on the Portal during the purchase process.
Delivery terms and conditions other than those set out in the General Terms and Conditions must be agreed in advance between the Customer and the Company and accepted in writing by the latter.
Upon delivery of the Products by the courier to the address described above, the Customer undertakes to check the integrity of the package delivered and that the number of items corresponds to that indicated in the transport document. The Customer is aware that if the package appears to have been tampered with, they must refuse delivery, expressly indicating "Package tampered with". The Customer is aware that any damage to the package or Products or any discrepancy in the number of items must be immediately reported by writing "subject to inspection" on the courier's proof of delivery, under penalty of forfeiting the right to raise subsequent complaints regarding the adequacy, integrity and completeness of the package delivered.
5. Prices and invoicing
All sales prices of the Products listed on the Portal are expressed in Euro.
Unless otherwise indicated, the prices of the Products include VAT and any other taxes.
The prices of individual Products, as indicated on the Portal from time to time, cancel and replace the previous ones.
The prices applied are those indicated on the Portal at the time of the Customer's purchase order.
The tax documentation (invoice and/or delivery note) is issued by the Company and signed by the Customer at the time of delivery of the products.
In order to comply with administrative and bureaucratic requirements, when providing personal data on the Portal, the Customer is required to enter a landline or mobile telephone number, where available.
6. Product characteristics and availability
Products are not supplied on a trial basis. The Customer is responsible for choosing the Products ordered and ensuring that they meet their requirements.
In the event of the unavailability of one or more Products, the Company will proceed with the delivery of the other Products ordered by the Customer; in this case, the partial delivery of the Products ordered is considered valid and does not entitle the Customer to refuse delivery or to any compensation or indemnity of any kind.
Any amounts paid for unavailable products will be refunded and/or converted into vouchers, at the Customer's request.
7. Company liability
The Company shall not be liable for any disruption attributable to force majeure of any nature or kind, in the event that it is unable to perform the contract within the agreed time frame. Causes of force majeure include, but are not limited to, measures taken by public authorities, strikes by its own employees or by carriers used by the Company, as well as any other circumstances beyond the Company's control.
8. Obligations of the consumer and the professional (customer)
Once the online purchase procedure has been completed, the Customer undertakes to print and keep these General Terms and Conditions.
The information contained in the General Terms and Conditions must be read and accepted before sending the purchase order. Acceptance is given by ticking the appropriate box on the Portal. Failure to do so will result in the order not being processed.
If the Customer is absent twice in a row at the place and time of delivery of the Product, the Company reserves the right to request reimbursement of the costs incurred for resending the package.
9. Consumer's right of withdrawal
In accordance with current consumer protection legislation, only and exclusively the Consumer who, for any reason, is not satisfied with the purchase made, has the right to withdraw from the contract and return the Products delivered, without penalty and without specifying the reason.
The right of withdrawal may be exercised by the Consumer, under penalty of forfeiture, within fourteen days of receipt of the products.
The right of withdrawal is exercised by sending, within the terms indicated above, a written communication to the Company's headquarters by registered letter with acknowledgement of receipt. The communication may also be sent, without exception, within the same period, by e-mail to e-info@damico.it, using the appropriate online form or by downloading and sending the paper form.
After communicating their intention to return the products, the Consumer will have fourteen days to return the products purchased without delay, using the courier indicated by the Company. In this case, the return costs will be borne by the Company. If the return is made by the Consumer using different methods, all shipping and delivery costs will be borne by the Consumer, unless otherwise agreed.
The refund of the sums paid for the purchase to the Consumer is free of charge and is made as quickly as possible, and in any case within fourteen days from the date on which the Company becomes aware of the intention to withdraw and/or is in possession of the Products, verifying their integrity in all their parts, that they have not been used and that they have been returned in their original packaging.
In order for the right of withdrawal to be exercised, the consumer must return the products as received in the package (packaging) sent by the Company.
The right of withdrawal cannot be exercised for:
- food products that are likely to deteriorate or expire rapidly;
- sealed products that cannot be returned for hygiene or health protection reasons and have been opened after delivery;
10. Coupons and gift vouchers
The Company reserves the right to give its customers "discount vouchers" and "coupons" that can be used for purchases on the www.damico.it portal.
Coupons and discount vouchers are valid for the period and for the products indicated, are non-refundable in the event of return, cannot be combined and can only be used once.
In order to use the coupons, the code must be entered before proceeding with the purchase. If the code is not entered, it will not be possible to take advantage of the discount.
11. Payment methods
The Customer may pay for the Products ordered using the methods indicated when completing the order form and confirmed by the Customer at the end of the order process.
12. Product warranties
All products purchased are covered by a legal warranty.
The legal guarantee of conformity provided for in Articles 128-135 septies of the Consumer Code applies to the sale of Products to the Customer. D&D Italia S.p.A. Società Benefit is liable to the Customer for any lack of conformity of the products sold existing at the time of delivery of the products and which becomes apparent within two years of delivery, without prejudice to the shorter term of the minimum storage or expiry date indicated on the product. Unless proven otherwise, it is assumed that any lack of conformity that becomes apparent within one year of delivery of the product already existed on that date, unless this assumption is incompatible with the nature of the product (e.g. because it is perishable or subject to a shorter expiry date) or with the nature of the lack of conformity (e.g. minor deterioration due to wear and tear). In any case, damage and/or anomalies caused by the Customer and not resulting from a lack of conformity are excluded from the legal warranty.
In the event of a lack of conformity of the goods, the Customer is entitled to have the product brought into conformity free of charge by replacement or to a proportional reduction in price. In the cases provided for in Article 135 bis, paragraph 2, of the Consumer Code, the Customer shall be entitled to terminate the contract.
The Customer must report any defects and non-conformities by email to info@damico.it, using the appropriate online form or by downloading and sending the paper form, indicating the defect and/or non-conformity found, as well as the relevant documentation proving the date of purchase. Once this report has been received, the Company will contact the Customer to enable them to make use of the legal guarantee within a reasonable time, taking into account the type of product, the nature of the defect and the possibility of replacing it. If the lack of conformity can be remedied by replacement, the Company will promptly inform the Customer of the methods and timing for the collection of the goods, which will in any case be free of charge for the Customer.
13. Membership of the Italian Electronic Commerce Association
D&D ITALIA S.P.A. adheres to the code of ethics of the Italian Electronic Commerce Association, available at the following link: https://www.aicel.org/aicel/codice-etico-dei-merchant-aicel.html
14. Applicable law - ADR and ODR - Jurisdiction
Contracts entered into online with the Company on the Portal are governed by Italian law.
For anything not expressly provided for herein, the legal provisions applicable to the relationships and cases provided for in the contract entered into online by the Consumer and/or Professional with the Company shall apply.
According to Article 49, paragraph 1, letter V of Legislative Decree N. 206 of 6 September 2005 (Consumer Code), the customer may avail themselves of the Joint Conciliation procedure.
The procedure may be initiated if, after submitting a complaint to the company, the consumer has not received a response within 45 days or has received a response that he/she does not consider satisfactory.
Customers who decide to use the Joint Conciliation procedure are required to send their request to: conciliazione@consorzionetcomm.it or to the fax number 02/87181126. For further information, please refer to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl
Pursuant to Article 14 of Regulation 524/2013, users are informed that in the event of a dispute, they may submit a complaint via the European Union's ODR platform, which can be accessed at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.
For further information, please contact: e-info@damico.it.
Any dispute between the parties in this regard shall be settled by the court of the place of residence or domicile of the Consumer, if located in Italy.
Any dispute relating to the application, execution, interpretation and breach of the contract entered into online by the Professional with the Company shall be subject to Italian jurisdiction and the Court of Salerno shall have jurisdiction.