GENERAL CONDITIONS OF SALE ON WWW.D-DUNO.IT
1. INTELLECTUAL PROPERTY
The "DUNO" brand, like all other brands whether figurative or not, and all other distinctive signs, trade names, service marks, commercial names and designations, illustrations, images, logos, registered and unregistered designs, copyrights and patents (intellectual property), reproduced on our products, on the e-commerce site, on accessories and packaging, whether registered or not, is and remains the exclusive property of DUNO S.r.l. Any reproduction, even partial, as well as any modification or use of intellectual property, for any reason and in any form, without our express prior permission in writing, is absolutely prohibited, as is also prohibited any combination or use in conjunction with any other brand, symbol, logo and more generally with any other distinctive symbols capable of forming a complex symbol.
2. NAME OF THE SITE AND OWNERSHIP
The present General Conditions of Sale ("General Conditions of Sale" or, alternatively, "GCS"), govern the offer and sale of Products distributed through the website www.d-duno.it ("Site") by DUNO S.r.l. Via Limitese 102/A -50059 Vinci (FI) VAT and tax code: N°06491260482.
3. SCOPE OF THE APPLICATION OF GCS
3.1 The offer and sale of the Products on the Site constitutes a distance contract governed by Chapter I, Title III (art. 45 and seq.) of the Legislative Decree 6 September 2005, no. 206 ("Consumer Code") and the Legislative Decree 9 April 2003, no. 70, which includes the rules of the electronic trade.
3.2 The present General Conditions of Sale apply to all contracts concluded with DUNO on the website.
3.3 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Website under "General Conditions of Sale". Users are therefore advised to access the Website regularly and to consult the latest version of the General Conditions of Sale before making any purchase.
3.4 The applicable General Conditions of Sale are those in force on the date of submission of the purchase order.
3.5 The present General Conditions of Sale do not regulate the sale of products by parties other than DUNO that are present on the site through links, banners or other hyperlinks. Before engaging in commercial transactions with these parties it is necessary to check their conditions of sale.
3.6 It is the responsibility of the user to carefully read and accept the present General Conditions of Sale, which DUNO makes available under "General Conditions of Sale" on the Site. He may store and reproduce this, as well as any other information that DUNO provides on the site, both before and during the purchase process.
4. PURCHASES ON THE SITE
4.1 The purchase can be made through registration on the Site, pursuant to clause 5 below, or with Guest profile and is permitted to users who fulfill the role of consumer, as well as those who do not fulfill this role. Legal persons may only make a purchase on the condition that they have reached the age of majority.
4.2 Under art. 3, paragraph I, letter a) of the Consumer Code, it is to be reminded that legal persons fulfill the role of consumer when, in relation to the purchase of Products, they act for purposes neither business, commercial, professional, or even artisanal.
4.3 DUNO reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) from a user who has previously violated these GCS and/or conditions and/or terms of the purchase agreement with DUNO; (iii) by a user who has been involved in any type of fraud and, in particular, in fraud related to credit card payments ; (iv) by users who have issued false, incomplete, or inaccurate identification data, either by not submitting promptly documents requested by DUNO, or else by submitting invalid documents.
5. REGISTERING ON THE SITE
5.1. Registering on the Site is free. To register on the Site the user must complete the appropriate form, by entering name, address, place and date of birth, telephone number, e-mail address and password and clicking the [Send] button.
Registration on the site, by opening a personal account, allows the registered user ("Registered User") to:
- save and edit their own data;
- access all information relating to orders and returns;
- follow the order status;
- manage their personal data and update it at any time;
- benefit from dedicated services that can be activated from time to time (eg. display of their "wish list" etc);
- express their consent to the processing of their personal data to enable DUNO S.r.l. to send a newsletter.
5.2 The registration credentials (e-mail address and password) must be stored with extreme care and attention. They can be used only by the user and cannot be given to third parties. The user must keep them secret and ensure that no third party has access to them. The user must also agree to immediately inform DUNO via e-mail at the address email@example.com or by telephone nr. 0571500578, in case of suspected or known false use or improper disclosure of such data.
5.3 The Registered User guarantees that the personal information provided during the registration process on the Site is complete and accurate and agrees to keep DUNO S.r.l. indemnified and defended against any damages, indemnity obligations and/or penalties arising from and/or in any way connected to the violation by the user of the Site's registration rules or to the storage of login credentials.
6. CANCELLING OR CHANGING AN ORDER
To change or cancel an order please contact DUNO within and no later than 1 hour from the submission of the order, via e-mail at the address firstname.lastname@example.org or by telephone nr. 0571500578, ALWAYS giving the reference order number.
7. INFORMATION ON ORDER STATUS AND SHIPPING
At the moment of shipping, the User will receive the tracking number at the e-mail address indicated in the order with which they will be able to track their purchases on the courier's website or through the call-centre of the same.
8. REQUIRED COPIES OF DOCUMENTS AND MODIFICATION OF RECORDS
To request copies of tax documents and/or modifications of records, the User must contact DUNO via e-mail at the address email@example.com or by telephone nr. 0571500578, and ALWAYS remember to indicate the type and the number of the document which requires copying and/or correction.
9. PRODUCTS WARRANTY
All products commercialized by DUNO on its e-commerce website www.d-duno.it are covered by a legal guarantee of compliance pursuant to and for the purposes of articles 128 and subsequent articles of Legislative Decree no. 206 of 2005 Consumer Code.
10. INFORMATION ABOUT INVOICES, TRANSFERS AND CANCELLATIONS
In order to contact the administrative service the Customer will have to send an e-mail to the address firstname.lastname@example.org or to telephone to the nr. 0571500578 remembering to ALWAYS indicate the order number or the number of document or invoice for which it demands information.
11. PAYMENT METHOD
Purchases made on www.d-duno.it are safe and guaranteed and the user can choose to pay in one of the following ways:
- Payment with Credit Card/Bancomat
- Payment via Paypal
11.1 PAYMENT WITH CREDIT CARD
If the User chooses to pay by credit card, the reference bank will authorize the payment amount of your purchase. In case of cancellation, DUNO will request the cancellation of the transaction and the cancellation of the amount committed.
The release times depend exclusively on the banking system. Once the cancellation of the transaction has been effected, DUNO will not be held responsible in any way for delays and/or damages caused by the banking system.
DUNO reserves the right to request additional information from the User or for copies of documents proving the ownership of the card used. In case of refusal, DUNO s.r.l. reserves the right to not accept the conclusion of the contract. DUNO is unable to access any personal data relating to the owner of the card at any time during the purchase process by credit card since the information is transmitted directly to the site of the bank that handles the transaction, which is a protected site.
11.2 PAYMENT VIA PAYPAL
Upon choosing the PayPal payment method, the User will be redirected to a PayPal page and the payment will be executed according to the process indicated therein.
The information provided on the PayPal site will not be shared with DUNO but will be managed directly by the same.
In case of cancellation of the order or non-acceptance by DUNO, the amount will be refunded to your PayPal account. DUNO will not be held responsible in any way for delays and/or damages at this stage.
12. SHIPPING AND COSTS
The shipping costs are at the expense of DUNO S.r.l.
13. DELIVERY TIMES AND METHODS
Orders will be managed by DUNO S.r.l. from Monday to Friday from 9:00 to 15:00. Orders placed after 15:00 and during the weekend will be managed on the next working day.
Average delivery time:
Italy - Standard 3-6 working days
European Union - Standard 3-7 working days
In every case the delivery date is merely an indicator and it is in no way binding for DUNO.
DUNO collaborates with couriers/carriers that offer the best quality/price ratio for the destination concerned: this allows us to offer our customers advantageous quality service.
In no case it will be possible to make deliveries by appointment and/or at predetermined times and/or days.
13.1 Upon confirmation of the purchase by the customer, a business relationship is enacted that obliges the customer to pick up the merchandise at the time of delivery. If for any reason the customer does not collect the goods, the customer will be charged for postage and storage costs and this will be deducted from any eventual refund from DUNO.
14. DELIVERY OF PURCHASE
Upon delivery of the goods, the User is obliged to check:
- that the number of packages delivered corresponds to what is indicated in the e-mail related to the shipment tracking;
- that the packaging is intact and not altered even in the closing tapes.
In case of tampering and / or breakage the User must immediately object to the shipment and / or delivery using the document received from the carrier or other operator and affixing the words "GOODS CONTROL RESERVE FOR ..." (indicate the reason).
The User must subsequently report any damage within 24 hours from the receipt of the goods by contacting DUNO by e-mail at email@example.com or by telephone at nr. 0571500578.
14.1 Upon delivery, the appointed transporter will ask for the signature of the customer, or of the person who acts in her or his stead, as a proof of delivery. It is possible to ask for variations of any information necessary for the delivery of the order: this can be done through DUNO’s Customer Service, or by contacting directly the appointed transporter. In case the customer, or the person who acts in her or his stead, agrees with the appointed transporter for the order to be delivered without her or his signature, DUNO will not be held responsible in case part of the order, or the whole order, results missing, and no claims for compensation can be made to the company.
14.2 In the eventuality of non-delivery of the goods due to an incorrect address provided by the User or due to the fact that the goods are stored in the warehouses of the courier/carrier and/or for any reason attributable to the User's behaviour, a further delivery attempt by our couriers will be guaranteed, without any additional cost.
15. ORDER STATUS
We remind customers that they can check the status of their order by sending an e-mail to firstname.lastname@example.org, or by calling Customer Service at phone nr. 0571500578 and stating the name and the order number or by logging into their account if they are registered users.
You cannot cancel or modify an order that has already been "shipped."
16. RIGHT OF WITHDRAWAL
The right of withdrawal is regulated by current legislation art. 64 of the Consumer Code, as amended by LEGISLATIVE DECREE 21 February 2014, n. 21.
The User who the fulfills the role of Consumer referred to in section 4.2 is entitled to terminate the contract for any reason and without penalty within 14 working days from the placing of an order, and without incurring any costs other than those provided for in article 56, paragraph 2, and article 57 of that decree.
The full text of the Consumer Code, updated on 16 September 2015, is available at: http://www.aduc.it/generale/files/allegati/codiceconsumo.pdf
17. WITHDRAWAL METHODS
The right of withdrawal must be exercised in the following ways:
- The purchased product must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment).
- The original warranty seal and its label must not be altered or cut.
- To exercise this right, the User must send DUNO an e-mail to email@example.com within 14 days from the date of shipment of the goods.
- Once the above mentioned communication has been made and received acknowledgement of receipt by DUNO, the User shall send the Product - subject to regular and appropriate packaging in its original packaging - by express courier, jointly with a copy of the receipt, to the following address: DUNO srl, Via Limitese 102/A, 50059 Vinci (FI).
The return shipment is at the expense of DUNO s.r.l., therefore the User must contact DUNO by e-mail at firstname.lastname@example.org or by phone at nr. 0571500578 and provide the necessary information in order to arrange the courier passage.
The shipment, until the receipt in our warehouse, is under the complete responsibility of the User.
DUNO is not responsible in any way for damage and/or theft/loss of products returned with uninsured shipments.
18. RETURNS AND REFUNDS
DUNO S.r.l. reserves the right to refuse the return or to request additional information, photos or other elements about the product to be returned before accepting this refund.
The goods must be returned within 14 days from the shipment of the order.
The goods must be returned to DUNO within the terms together with the authorization form received.
Without prejudice to any repair costs for damage to the original packaging, DUNO will refund the full amount to the User within 14 days from the return of the goods by means of a reversal of the amount charged to the Credit Card or Pay Pal.
19. LOSS OF THE RIGHT OF WITHDRAWAL
The User loses the right of withdrawal and the consequent right to reimbursement in the case that DUNO ascertains the existence of at least one of the following conditions:
- Use (even partial) of the goods and any consumables;
- Lack of external packaging and/or original interior packaging;
- Absence of product components (accessories, labels and warranty seal);
- Damage to the product for reasons other than transportation
In the above cases DUNO will arrange to return the items to the User and debit shipping costs.
20. APPLICABLE LAWS
20.1 The purchase contract concluded on the Site is governed by the Italian law.
20.2 Subject to the application to Consumers who do not have their habitual residence in Italy, who may have more favourable or binding provisions according to the law of their country of habitual residence, in particular in relation to the deadline for exercising of the right of withdrawal and/or the deadline for the return of the Products in case of the exercise of this right, the procedures and formalities of communication thereof and in the legal guarantee of conformity.
20.3 Note that in the case of the consumer, any dispute concerning the application, implementation and interpretation of the present General Conditions of Sale, the court of the user's place of residence or chosen domicile shall be in charge. In the case that the user is not a consumer, any dispute concerning the application, implementation and interpretation of the present General Conditions of Sale is the exclusive domain of the court of Florence.
20.4 Any user who is resident in an EU member state other than Italy may, furthermore, also have access, in any dispute concerning the application, implementation and interpretation of the present General Conditions of Sale, to the European procedure established for modest disputes, by Regulation (EC) no. 861/2007 of the Council, 11 July 2007, provided that the amount in dispute does not exceed, excluding interest, entitlements and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
21. Notice to consumers - Online Dispute Resolution (ODR)
In compliance with the provisions of art. 14 of the EU Regulations 524/2013/EU, the Consumer is informed that, as an alternative to court litigation, both the consumer and DUNO S.r.l. may utilize online dispute resolution as an alternative by filing a complaint via the platform established by the European Commission.
This tool can be used by the European consumer to resolve any dispute relating to, and/or arising from, contracts of sale for goods and services stipulated in the network in a non-judicial manner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
DUNO will be contactable at the following address: email@example.com
For any clarification you can contact us at the e-mail address published herein.
For any suggestions, complaints and / or reports, you can write to firstname.lastname@example.org
Tel. 0571500578 – email@example.com
Headquarters: DUNO S.r.l. Via Limitese 102/A, 50059 Vinci (FI)
VAT-ID and tax code nr. 06491260482