GENERAL CONDITIONS OF ONLINE SALES
These Online Terms and Conditions apply exclusively to the distance selling via web of the products fully illustrated and described on the website wwwdonodorato.com (hereinafter the “Product/s”).
In case of changes to the Online Conditions, the Online Conditions published on the website at the time the order proposal (hereinafter “Order Proposal”) is sent by the purchaser of the Products (hereinafter “Customer”) will be applied to the purchase made. It will be possible to check in the appropriate section of the Site any previous versions of the Online Conditions, which can be saved and printed.
Before submitting the Order Proposal, the Customer is required to read and accept these Online Conditions. The submission of the Order Proposal implies the full knowledge and express acceptance of these Online Conditions and of what is indicated in the Order Proposal.
1.1 The seller of the Products (hereinafter referred to as the “Seller”) is Terra d’Oro s.r.l. with legal and administrative headquarters in Italy, in Via Vignola,5 – 76015 Trinitapoli (BT), email commercialeonodorato.com, PEC firstname.lastname@example.org, P.IVA 07739690720
1.2 These Online Conditions regulate the purchase of products on www.donodorato.com (hereinafter the “Site”) and do not regulate, instead, the sale of products or services by subjects other than the Seller that are present on the Site through links, banners or other hypertext links. The Seller is not responsible for the provision of goods and services by third parties.
1.3 The Customer will be identified through the data inserted in the Order Proposal. It is forbidden to provide false and/or invented data: the Seller is exonerated from any responsibility in this regard.
1.4 The Products offered on the Site are intended for customers of legal age. By placing an order through the Site, you warrant to us that you are over the age of 18 and have the legal capacity to enter into binding contracts.
2. MODALITIES FOR THE COMPLETION OF THE CONTRACT
2.1 The information contained in these Online Conditions and the details contained in the Site do not constitute an offer to the public, but a simple invitation to formulate an Order Proposal. After sending the Order Proposal, the Customer will receive an e-mail confirmation of its receipt (hereinafter “Order Proposal Confirmation”). This e-mail will not imply acceptance of the Order Proposal, which will be considered accepted only when the Customer receives a subsequent e-mail confirming that the Order Proposal has been accepted and that the Products are being shipped (hereinafter “Order and Shipment Confirmation”).
Consequently, no contract will exist between the Customer and the Seller until the Order Proposal is explicitly accepted by the Seller through the sending of the Order and Shipment Confirmation.
The online purchase contract (hereinafter the “Contract”) will be considered concluded only when the Customer receives the Order and Shipment Confirmation (“Contract Conclusion Date”): from this moment on the Order Proposal will be simply called “Order”.
2.2 Before sending the Order Proposal, the Customer will be asked to confirm that he/she has read and accepted the Online Conditions, including the clauses that determine unfavorable conditions for the Customer (e.g. limitations of liability, right to withdraw from the contract, exceptions to the jurisdiction of the judicial authority, etc.).
2.3 The Customer will receive via e-mail, at the conclusion of the contract, the Order Confirmation and Shipping containing:
a reference to these Online Conditions, already read and accepted by the Customer by sending the Order Proposal;
information and images of each Product and its price;
the selected means of payment;
mode and place of delivery and the relative shipping costs;
a reference to the conditions for exercising the right of withdrawal;
2.4 The Seller reserves the right, before sending the Order and Shipment Confirmation, to request by e-mail or by phone further information related to the Order Proposal.
2.5 The Seller may not process Order Proposals that do not give sufficient guarantees of solvency or that are incomplete or incorrect, or in case of unavailability of the Products. In these cases, within and not beyond 30 (thirty) working days from the day in which the Customer has transmitted the Order Proposal, we will inform the Customer by e-mail that the contract is not concluded and that the Order Proposal will not be followed up specifying the reasons. In such hypothesis the amount eventually already committed on the chosen means of payment will be released.
2.6 The Seller undertakes to deliver the ordered Products as soon as possible (taking into account the shipping method selected by the Customer) and in any case no later than 30 (thirty) days from the Date of Conclusion of the Contract.
2.7 The Seller reserves the right to refuse Order Proposals from a Customer with whom a dispute and/or dispute regarding a previous Order is pending or has previously occurred. This also applies to all cases in which the Seller considers the Customer unsuitable, including, by way of example, the case of previous violations of the Online Conditions, or for any other reason, especially if the Customer has been involved in fraudulent activities of any kind.
2.8 Although the Seller constantly takes measures to ensure that the photographs shown on the Site are faithful reproductions of the Products, including the adoption of every possible technological solution to reduce inaccuracies to a minimum, some variations are always possible due to the technical characteristics and color resolution characteristics of the computer used. Consequently, the Seller shall not be responsible for any inadequacy of the graphic representations of Products shown on the Site if due to the aforementioned technical reasons, since such representations are merely illustrative.
2.9 The Website can be viewed from any country, but e-commerce orders will only be taken if they come from the following countries: Italy, Austria, Germany, Belgium, France, Holland, Great Britain, Denmark, Spain, Sweden, Czech Republic, Slovakia, Slovenia, Romania, Bulgaria, Croatia, Greece, Portugal, Estonia, Latvia, Lithuania, Poland, Hungary, Switzerland, Ireland, Finland.
3. SALE PRICES
3.1 The prices of the Products (hereinafter “Price(s)”) and of the shipping costs (hereinafter “Shipping Costs”) are those indicated on the Site and at the time the Order Proposal is sent.
Prices and Shipping Costs are to be considered inclusive of taxes, duties and any costs related to customs duties (unless otherwise specified in the Order Proposal). In case of exercising the right of withdrawal, the Shipping Costs that have already been paid by the Customer are excluded from the refund.
3.2 Notwithstanding all efforts, it is not possible to exclude that for some of the Products present on the Site a different price from the actual one is indicated by mistake. It will be the Seller’s responsibility to verify the correctness of the Prices before sending the Order and Shipment Confirmation. If, due to technical problems, material errors or other inconveniences, the Price indicated on the Site should be lower than the correct selling price of the Product, the Customer will be contacted to verify whether he/she still wishes to purchase the Product at the correct price. If the Customer does not wish to proceed with the purchase, the Order Proposal will be cancelled. If the price indicated on the Site is higher than the correct selling price of the Product, the Order will be carried out charging only the lower price.
4. PAYMENT METHODS
4.1 Payment can be made by any of the methods listed in the “Payment Methods” section on the Site.
4.2 All major credit cards and prepaid cards are accepted with the exception of American Express. Payment by credit cards will be made without any additional charge. The Customer who makes the payment confirms to be authorized to purchase with that credit card. In the absence of these prerequisites will not be possible to proceed with the Order Proposal.
At the time of sending the Order Proposal, will be made only the commitment of the amount: the actual charge will occur only at the time of the Order Confirmation and Shipment.
In case it is not possible to debit the amount, the Order Proposal will be automatically cancelled.
It should be noted that the Seller is not able to know the information relating to the customer’s credit card, which is handled directly by the third party who administers the payment. For this reason, the Seller will not be aware of such data, nor will it keep them.
Under no circumstances, therefore, can the Seller be held responsible for the fraudulent use of credit and prepaid cards by third parties.
5. SHIPPING AND DELIVERY
For payment of the price of the Products and related shipping and delivery costs you can follow one of the methods indicated in the order form of the site www. donodorato.com and that are summarized below.
5.1 Each shipment contains:
the Products ordered and any gifts;
the transport document;
Any accompanying documentation required in the country of shipment;
any informative and marketing material.
5.2 The commercial document/invoice of purchase relative to the Order will be inserted inside the package together with the transport document. The website will return an order summary page after the transaction has taken place, but it will not be valid as a fiscal document.
5.3 The Products will be delivered by the courier identified by the Seller. It will be possible at any time to consult the “Shipping” section on the Site for additional information on costs, times and shipping methods.
The delivery of the Products can take place in the following ways delivery to the address indicated by the Customer;
5.4 At the moment of the receipt of the Products, it will be on the Customer to verify the integrity and the presence of damages to the package that are immediately evident (for example: wet box, damaged box etc.). In case of anomalies, the Customer will be required to detect them immediately, having them noted by the and refusing delivery. Otherwise, the Customer will forfeit the possibility of asserting its rights in this regard.
5.5 The Site is structured with features that allow the Customer to access the Site and place an Order regardless of geographical location, provided that the billing country is the same as the country of dispatch.
The Customer will be entitled to receive the Products at a delivery address of his choice, provided that the address is within the country corresponding to the Site on which the Order has been placed and the country is among those to which shipment is possible. (Italy, Austria, Germany, Belgium, France, Holland, Great Britain, Denmark, Spain, Sweden, Czech Republic, Slovakia, Slovenia, Romania, Bulgaria, Croatia, Greece, Portugal, Estonia, Latvia, Lithuania, Poland, Hungary, Switzerland, Ireland, Finland).
6. RIGHT OF WITHDRAWAL
6.1 The Customer will have the right to withdraw from the contract concluded on the Site, without any penalty and without specifying the reason, by returning to the Seller all or part of the Products purchased.
The Site is structured with features that allow the exercise of the right of withdrawal regardless of the nationality and geographical location of the customer.
The Customer shall notify the Seller, in the manner set forth in the following paragraph, the desire to exercise the right of withdrawal within 15 days, starting from the day on which the Customer or an agent of the same (other than the courier) has acquired possession of the Products.
If more than one product has been purchased with the same order, the wish to withdraw may be communicated at different times, within 15 days.
6.2 To exercise the right of withdrawal, the customer must send an email to email@example.com indicating the order number and the reasons related to the request for return. The Seller will respond by providing the address to which to ship the product, which will be borne by the customer, who can independently choose the courier with which to make the return.
Within 14 (fourteen) days from the date on which the Customer has communicated his decision to withdraw from the Contract, he must return the goods in the manner and with the details specified in the following point.
The right of withdrawal is subject to the following conditions within 14 (fourteen) days from the date on which he communicated his decision to withdraw from the Contract, the Customer shall: send the Products to the Seller duly packaged by delivering them to the courier chosen by the Customer and sent to the address indicated by the Seller.
the returned products purchased with the same order can be returned at different times, always within 14 days from the date on which the customer has communicated his decision to terminate the contract;
the products returned in the exercise of the right of withdrawal (hereinafter the “Returned Products”) must be returned in their entirety, being excluded the possibility of returning only some parts or components of the same (even in the case of kits);
Returned Products must not have been opened;
Returned Products must be returned packaged exactly as they were shipped, complete with all accessories and labels;
in the event that the Seller offers the opportunity to purchase certain products by taking advantage of specific promotions (such as 5×4, 3×2, buy X you gift Y etc), the right of withdrawal may be exercised with the return of only some of the products on promotion: in this case will be refunded the price of the product actually paid and returned resulting from the commercial document / invoice of purchase, plus shipping costs as specified in the following point.
6.4 In the event that the right of withdrawal is exercised, the Seller will refund the Customer all payments made for the purchase of the Returned Products, except for the following charges which, if applicable, will remain the Customer’s responsibility:
the initial shipping costs of the Order (already initially paid by the Customer at the time of purchase). Please note that these costs will be refunded to the customer only in case of damage to products due to transport, or in case of errors in the shipment by the Seller, or in case of products recognized as defective;
incidental expenses to the order eventually incurred (for example: cost of gift wrapping, etc.);
shipping costs arising from any choice by the Customer to return to the Seller the Products purchased in the same Order, delivering them at different times to the courier;
in the event that the Products are located in a country other than that of the Site on which the Order was placed, will remain the responsibility of the Customer:
the organization and shipping costs necessary to get the Products directly to Seller at the address:
Terra d’Oro s.r.l. – via Vignola,5 -76015 Trinitapoli (BT), Italy.
6.5 After exercising the right of withdrawal by making the request for return in the manner provided, the customer will receive an e-mail confirming the inclusion of the return. After verification by the Seller of compliance with all the procedures required by paragraph 7 for the exercise of the right of withdrawal, the customer will receive an e-mail approving the return made. The Seller will reimburse the Customer the amounts paid for the purchase of the Returned Products within and no later than 14 days from the day on which the Seller was informed of the decision to exercise the right of withdrawal, provided that the Seller has already received the return of the goods or that the Customer has provided him with proof of having already provided for the shipment of the goods being able, until then, to retain the refund.
The Seller will use the same means of payment for the re-credit as was used for the purchase of the Products.
6.6 In case the right of withdrawal is exercised without respecting the procedures referred to in the preceding paragraph, the customer will not be entitled to any refund. Within 10 days from the sending of the e-mail with which the Customer will be communicated the non-acceptance of the return and the relative reasons, replying to the same e-mail the Customer will be able to choose to re-obtain, at his expense, the Returned Products. Otherwise, the Seller may legitimately retain the returned products, in addition to the amounts already paid for their purchase.
For any inquiries, please contact the following contact information:
10. APPLICABLE LAW, SETTLEMENT OF DISPUTES AND JURISDICTION
10.1 These Online Terms are governed by and construed in accordance with the laws of Italy, without prejudice to any other overriding mandatory rules of the Customer’s country of habitual residence. Accordingly, the interpretation, performance and termination of the Online Terms are subject exclusively to Italian law (without prejudice to any other overriding mandatory provision of the Customer’s country of habitual residence) and any disputes arising out of and/or in connection with the Online Terms shall be resolved exclusively by the Italian courts, as set out below. In particular, if the Customer qualifies as a Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the Customer under applicable law or, at the option of the Customer in case of action taken by the same, by the Court of Milan. If the Customer acts instead in the exercise of his entrepreneurial, commercial, craft or professional activity, the parties agree to establish the exclusive jurisdiction of the Court of Milan.
10.2 Online Alternative Dispute Resolution (ODR) Platform.
Given that the Seller is always available to seek an amicable solution to disputes that have arisen, through the contacts indicated in the points above, we inform you that, according to Article 14 of EU Regulation No. 524/2013 and by the resolution on ODRs set out in Statutory Instrument no. 500/2015 in force since February 15, 2016, an online platform has been established by the European Commission for the resolution of ODR disputes (“online dispute resolution”) derived from the purchase of goods online accessible at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage Through the ODR platform, it is possible to consult the list of ODR bodies, find the link of each of them and initiate an online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show
10.3 In any case, the Customer shall have the right to apply to the competent ordinary judge for any dispute arising from these General Conditions of Sale, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, where applicable, to promote an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II – bis of the Consumer Code (i.e. Legislative Decree no.206/2005).
11. MODIFICATION AND UPDATE
These Offline Terms may be modified at any time. You will be required to accept only the Online Terms in effect at the time of purchase. New versions of the Online Terms will be effective as of the date they are posted on the Site and will apply to Orders placed after that date. You can check previous versions of the Online Terms in the relevant section of the Site.
Last update: March 2021
TERMS OF SALE – March 2021