General conditions of Sale

D & D ITALIA SpA, VAT Number: 02927630653, REA NA Registration Number 740304, share capital of 2,400,000.00 fully paid up (hereinafter referred to as "Company"), with registered office in Naples at Via Francesco Caracciolo , 11 and operational headquarters in Pontecagnano Faiano (SA) at via Irno snc, is the company that intends to make the sale via the Internet of the "products" on the e-commerce portal (henceforth "Portal") at the address www.damico.it

CONTACTS:
D & D Italia Spa 
Via Irno Snc 
84098 Pontecagnano (SA) 
Email: e-info@damico.it

 1. Definitions

  •  the term " Consumer " means the purchaser of the " Products " which holds the status of consumer, meaning the natural person who makes the purchase for purposes not related to the commercial or professional activity carried out, whether or not it is registered to the Portal (Guest user);
  • the term " Professional " means the natural or legal person who makes the purchase for purposes related to the commercial or professional activity carried out, whether or not it is registered on the Portal (Guest user);
  • the term " Customer " refers to the Consumer / Professional who intends to purchase through the Portal;
  • the term " Products " means all products and / or goods, and / or services marketed by the Company on the Portal and forming part of its range whose essential characteristics, including prices, are found on each product sheet;
  • the term " Purchase Order " means the clear intention of the Customer to proceed with the purchase of the product;
  • the term " Product Purchase " means the purchase order with delivery of the Products in days following the date of transmission of the purchase order;
  • the term " Product Delivery " means the purchase order with delivery of the Products at the address indicated by the Customer at the time of registration or confirmation of purchase order.

 2. Scope – effects
The General Conditions constitute an integral part of any proposal, purchase order and confirmation of the purchase order of the Products marketed by the Company, in force at the date of the related order. 
The General Conditions concern the sale to a Consumer and / or Professional (Customer), as specified above.

3. Refinement of the contract
All contracts are concluded only with access by the Customer on the www.damico.it Portal, after registration or if the Customer does not intend to register, after having released all the required data, using the remote communication technology through the network Internet. 
All purchase orders sent to the Company must be exactly completed in their entirety and must contain the elements necessary for the exact identification of the Products ordered, the Customer and the place of delivery of the Products. 
The purchase order transmitted to the Company through the Portal is valid as a contractual proposal of the Customer shown online. 
The purchase order sent to the Company will be followed by an email "Summary of Order" sent to the Customer's address. Communication that does not constitute acceptance of the order but has a purely summary purpose of the order executed.
Only the subsequent "order confirmation" by the Company, transmitted to the Customer at the e-mail address indicated by the latter, confirms the order data and is valid as acceptance of the contract proposal. 
The contract is concluded and is binding for both parties, when the confirmation of the purchase order 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 reject the purchase proposal (order) sent, by way of example and not exhaustively, in the following cases: provision of non-real personal data; previous breach of any kind with respect to the Company, subjection to insolvency procedures, lack of availability of the Products - for whatever reason - in the warehouses and in any other case incompatible with the economic interests and company policies. 
Since the online sales system of the www.damico.it Portal is completely computerized and automated, errors may occur in the application of prices and product discounts. In this case the Company will inform the Customer before the order confirmation to allow the possible cancellation / modification.

4. Times and methods of shipping and delivery
The Company provides to deliver to the Customer the Products, selected and ordered in the manner referred to in the previous article by couriers and / or shippers of trust. 
Products are delivered to the address indicated by the Customer during the purchase phase, using the methods indicated on the order form. The personal data and the delivery address of the Products can be checked by the Company, without prior notice. We do not accept shipments at PO Boxes. Shipments can only be made in Italy. 
In any case, delivery times are on average for forty eight / seventy-two working hours and in any case they are not more than fifteen working days from the day following the transmission "order confirmation" and / or payment of the price where it occurred in a way that is not contextual to the purchase (eg bank transfer ...). 
The costs of delivery of the Products are charged to the Customer, unless otherwise indicated and will be indicated from time to time on the Portal during the purchase phases. 
Conditions and terms of delivery other than those provided for in the General Conditions must be previously agreed between the Customer and the Company and accepted by the latter in writing. 
Upon delivery of the Products by the courier to the address described above, the Customer undertakes to verify the integrity of the package that is delivered to him and the correspondence of the number of pieces compared to what is indicated in the transport document. The Customer is aware that if the package is altered he will have to refuse the delivery with the express indication of "packet tampered".The Customer is aware that any damage to the package or the Products or the mismatch in the number of pieces must be immediately challenged by means of a special "scrutiny reservation" written on the courier's proof of delivery, under penalty of forfeiting the right to raise subsequent complaints in order to the congruity, integrity and completeness of the delivered package.

5. Prices and billing
All sales prices of the Products indicated on the Portal are expressed in Euro. 
Unless otherwise indicated, the prices of the Products are inclusive of VAT and all other taxes. 
The prices of the individual Products, from time to time indicated on the Portal, cancel and replace the previous ones. 
The prices applied are those indicated on the Portal at the time of the purchase order by the Customer. 
The tax documentation (invoice and / or delivery note) is issued by the Company, and simultaneously signed by the Customer, upon delivery of the products. 
To comply with administrative and bureaucratic requirements, when communicating personal data on the Portal, the Customer is obliged to include the landline or mobile telephone number, where it can be found.

 6. Characteristics and availability of products
The Products are not supplied on trial. The Customer is responsible for the selection of the Products ordered and their correspondence to their needs. 
In case of non-availability of one or more Products, the Company proceeds to deliver the other Products ordered by the Customer; in this case, the partial delivery of the Products ordered is considered valid and does not give the Customer the right to refuse delivery, or to any compensation or indemnity whatsoever. 
Any amounts paid for products not available will be reimbursed and / or changed into vouchers, at the request of the Customer.

7. Responsibility of the company
The Company does not assume any responsibility for disservices due to force majeure of any nature and kind, in case it fails to execute within the times agreed upon in the contract. Acts of force majeure, by way of example but not limited to, the provisions of the Public Authority, the strike of the employees or of the carriers of which the Company avails itself, as well as any other circumstance that is beyond the control of the latter.

8. Obligations of the consumer and the professional (customer)
The Customer agrees, once the online purchase procedure is completed, to provide for the printing and conservation of these General Conditions. 
The information contained in the General Conditions must be viewed and accepted before sending the purchase order. Acceptance takes place by marking the appropriate space on the Portal. Failing this, the order cannot be executed. 
In case of absence of the Customer, twice in a row, at the time and place of delivery of the Product, the Company reserves the right to request reimbursement of expenses incurred for resubmitting the package.

9. Consumer withdrawal right
Pursuant to the regulations in force for the protection of consumers, only and exclusively the Consumer who for whatever reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract and return the delivered Products, without any 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 notice to the registered office of the Company by registered letter with acknowledgment of receipt. The communication can be sent without fail, within the same term, also by e-mail to the e-info@damico.it address, through the appropriate online form or by downloading and sending the paper form . 
After communicating the wish to return the products, the Consumer will have fourteen days available for the return, without delay, of the products purchased through the Courier of trust indicated by the Company. In this case the return costs are charged to the Company. In the event that the refund was made by the consumer in different ways all shipping costs and delivery are at his charge, unless otherwise agreed. 
The reimbursement of the sums paid for the purchase in favor of the Consumer is free 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 hold the Products verifying the integrity in all their parts, the non-use and the return in the original packaging. 
In order for the right of withdrawal to be exercised it is necessary that the consumer puts the products as received within the package (packaging) sent by the Company. 
It is not possible to exercise the right of withdrawal for:

  • food products that risk deteriorating or expiring rapidly;
  • sealed products that cannot be returned for hygienic reasons or related to health protection and have been opened after delivery;

10. Coupons and gift certificates
The Company reserves the right to give its customers "discount coupons" and "coupons" that can be used for purchases on the www.damico.it Portal. 
Coupons and discount coupons are valid in the period and for the products indicated, they are not refundable in case of return, cannot be combined and can be used only once. 
In order to take advantage of the coupons it is necessary to enter the code before proceeding with the purchase. In case of failure to enter the code, it will not be possible to take advantage of the discount.

11. Method of payment
The Customer can pay for the Products ordered by the methods that will be indicated from time to time during the completion of the order form and that the Customer will confirm at the end of the order process.

12. Product warranties
The Company guarantees that the Products delivered are those presented on the Portal, the material integrity of the packaging of the Products at the time of delivery, as well as the right of withdrawal for the Consumer.
Any defects and faults must be reported by the customer, under penalty of forfeiture, no later than 24 hours from discovery; the Customer has the right to request and obtain the withdrawal and the only replacement of the packages that are actually damaged, being excluded the right of the Consumer / Professional to compensation for any damage caused by the status of the defective product. 
The user, consumer or professional, in case of return due to faults and defects of the goods, must fill in a specific form in which to indicate the defects and flaws of the product. The costs for the return and replacement / repair of the Product in this case are borne by the Company which will, where possible, repair or replace the products.

13. Applicable law - ADR and ODR - Jurisdiction
The contracts entered into online with the Company on the Portal are governed by Italian law. 
Although not expressly provided for here, the legal provisions applicable to the relationships and circumstances envisaged in the contract stipulated online by the Consumer and / or Professional with the Company are valid. 
According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can use the Joint Conciliation procedure. 
The Procedure may be initiated if the consumer has not received a response or has received a response that he has not considered satisfactory within 45 days after having lodged a complaint with the company. 
The customer who decides to use the joint conciliation procedure is obliged to send the application to the address: conciliazione@consorzionetcomm.it or to the fax number +39 02/87181126. For more information, please refer to: 
http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl 
Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he / she can lodge a complaint via the European Union ODR platform which can be reached 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 sales contracts or online services out of court. 
For more information contact: e-info@damico.it . 

For any dispute between the parties, the Court has jurisdiction over the place of residence or domicile of the Consumer, if located in Italy. 
Any dispute concerning the application, execution, interpretation and violation of the contract stipulated online by the Professional with the Company, is subject to Italian jurisdiction and the jurisdiction of Salerno is competent.