General conditions of Sale
Date of publication on the site and entry into force 01/10/2020
1.1. These general conditions of sale (hereinafter also the "Conditions") Apply to the purchase of products (hereinafter"Products"Or in the singular"Product") Performed through the e-commerce site www.modicami.com (hereinafter the "Site") By users qualifying as" Consumers "pursuant to article 1.2 below. The Site is owned by Dred S.r.l. with registered office in Milan, Piazza della Repubblica 30, tax code and VAT number IT09081490964 and registration number in the Milan Company Register DDDDDD (hereinafter "Holder”).
1.2. The owner deals with the sale of the Products through the Site. Purchases of Products made through the Site will see the Owner as the seller (hereinafter the "Seller"), and the person who proceeds to purchase one or more Products for purposes not related to one's own entrepreneurial, commercial, craft or professional activity, as a buyer (hereinafter the "Consumer"), (Seller and Consumer will be collectively referred to below as the "Parties").
1.3. The Owner is not a party to these Conditions, but the owner of the rights to the domain name of the Site, logos and trademarks relating to the Products presented on the Site, as well as the copyright on the contents of the Site.
1.4. Any communication from the Consumer connected and / or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address email@example.com.
1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer.
1.6. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Subjects who are not Consumers are advised not to execute purchase orders. If one or more sales are made to a person who cannot be qualified as a Consumer, these Conditions will apply but, notwithstanding the provisions of the same:
a) the buyer will not be granted the right of withdrawal referred to in Article 10;
b) the buyer will not be able to benefit from the warranty on the Products indicated in Article 8;
c) the buyer will not be granted any other protections provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions are sent by e-mail to the address declared by the same during registration on the Site or during the purchase process. .
1.8. In order to make purchases through the Site, the Consumer must have the age of majority (18 years) and the ability to act, which the Consumer declares to possess.
1.9. Any costs for Internet connection to the Site, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
2. Characteristics of the Products and their availability in the various geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the order is placed by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these Conditions at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will only apply to sales concluded from from that date.
2.3. Prices, Products for sale on the Site and / or their characteristics may be subject to change without notice. These changes operate only for orders not yet confirmed on the date of the change itself. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be delivered in one of the States that are indicated on the Site.
3. How to purchase the Products - Completion of each individual purchase contract
3.1. The presentation of the Products on the Site, which is not binding for the Seller, is a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these Conditions, which form an integral part of the order itself and that the Consumer, by transmitting the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy using the print command and to memorize or reproduce a copy for your own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.
3.3. The Consumer's purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site or the transmission of the order if the Consumer is not registered on the Site. , an e-mail confirming the order itself, which will contain the link to the text of these Conditions, the summary of the order made, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be electronically filed by the Seller in its IT systems and the Consumer may request a copy by sending an e-mail to the Seller at the address firstname.lastname@example.org.
3.4. Each purchase contract for the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.
4. Procedure for selecting and purchasing the Products
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. After selecting the Products, to purchase the Products placed in the cart, the Consumer will be invited to (the) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where you can contact him for any communications relating to the purchase made. The Consumer will display a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these Conditions, by means of the appropriate check-box on the Site and finally, through the "Enter order" button, the Consumer will be asked to confirm his order, which will then be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, PayPal or immediate bank transfer, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. If during the procedure for selecting the Products on the Site referred to in point 4.1 above, the Consumer finds that the price of one or more of the Products he intends to select for the next purchase is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to an obvious technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller's Customer Service by sending an e-mail e-mail address email@example.com.
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and their delivery times, however, this information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days starting from the day following that in to which the Consumer sent the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to the following par. 5.3. If the Consumer has chosen the bank transfer as the payment method, the delivery term will start from the receipt of the payment by the Seller.
5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is placed. The Consumer undertakes to promptly check and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or of their discrepancy with the order placed, according to the procedure of referred to in the following art. 8 of these Conditions, failing that, the Products will be considered accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / forwarder or to accept delivery "subject to".
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is that indicated on the Site at the same time as the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated before the confirmation of the order sent by the Seller to the Consumer and that the same Consumer undertakes to pay the Seller in addition to the price indicated on the Site.
6.2. The Consumer must pay the total price to the Seller, as reported in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.
6.3. If the Products are to be delivered in a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales tax, which the Consumer undertakes from now on to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the Products will be delivered . The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.
6.4. Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason whatsoever, to the Products ordered under these Conditions are the sole responsibility of the Consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and / or taxes referred to in the previous paragraphs. 6.3. and 6.4., at the time of sending an order to the Seller, it cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.
7.1. Payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin at the time the price of the purchased Product (s) is credited to the Seller's current account.
7.2. Payment can be made by credit card or via PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.3. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Stripe Payments Europe Ltd with registered office in Dublin (Ireland), operator who deals with payments on behalf of the Seller. The transmitted data will be sent in secure mode, through the encrypted transfer of data with 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for the Seller.
7.4. If the payment is made by bank transfer in favor of the Seller, the Consumer must indicate the "Swift" and "IBAN" codes shown in the order confirmation, as well as the order number.
7.5. The Seller will promptly send the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.
8. Seller's legal guarantee of conformity, reporting of lack of conformity and warranty interventions
8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree no. 206/2005 (hereinafter "Consumer Code"), The Seller guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in case of use or washing of the Product that does not conform to that of the Product and to the instructions / warnings provided by the Seller and / or the Owner, or reported in the reference illustrative documentation, in the tags or in the labels.
8.2. Under penalty of forfeiture of this warranty, the Consumer has the duty to report any defects and non-conformities within and no later than 2 (two) months from discovery, by sending the Customer Service via e-mail to the address firstname.lastname@example.org by sending the appropriate module, with indication of the defect and / or non-conformity found, as well as the relative documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the receipt) .
8.3. Following receipt of the form and the related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the assistance service of the Owner and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a reply, containing the "Return Code", by e-mail to the address provided by the latter during the registration process on the Site or when placing the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products whose return the Seller has authorized must be returned by the Consumer, together with a copy of the return authorization notice bearing the "Return Code", within 30 (thirty) days of reporting the defect or non-compliance, as follows address:
Dred S.r.l. - Modica Milan shop - Via Borgospesso 25 - 20121 Milan (MI) Italy.
8.4. In the event of defects or non-compliance, the Consumer will be entitled to have the Product restored to conformity by the Seller, by repair or replacement, or to alternative remedies in the cases expressly provided for by art. 130 of the Legislative Decree n. 206/2005.
If the Seller has undertaken to reimburse the Consumer for the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the consumer's responsibility to communicate to the Seller, again by e-mail to the address email@example.com, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due.
9. Liability for damage from defective products
9.1. As for any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Consumer Code apply. The Seller, as distributor of the Products through the Site, is free from any liability, none excluded and / or excepted, indicating, at the request of the damaged Consumer, the identity and address of the relevant manufacturer.
10. Right of withdrawal
10.1 Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the Consumer is entitled to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reasons and without any penalty, within the period of 14 ( fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately with a single order, the last product was delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform Triboo Digitale, before the expiry of the term referred to in paragraph 10.1 above, of his decision by accessing the "My returns" page from My Account or, if not registered on the site, by accessing the dedicated page and entering the order number and the email with which the purchase was made. Alternatively, the Consumer can send an explicit declaration to Triboo Digitale via the contact form or to the e-mail address firstname.lastname@example.org, of its decision to withdraw using the appropriate model withdrawal form attached.
10.3 Following the provisions of point 10.2 above, the Consumer will receive an e-mail confirming the exercise of the withdrawal, containing, in the event that he has already received the ordered product in the meantime, the return form to be included in the package, and the instructions for proceed with the return of the product, to be sent no later than the following 14 days a
Dred S.r.l. - Modica Milan shop - Via Borgospesso 25 - 20121 Milan (MI) Italy.
10.4 If the Consumer has received the product, he is required to return it to Dred S.r.l. without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of returning the goods, as well as proof of this, will be borne by the Consumer. If the Consumer exercises the withdrawal via the site, before confirming the request for withdrawal, the cost for returning the goods will be indicated if he / she wishes to use the return service offered by the site.
10.5 In the event of withdrawal, the Consumer will be reimbursed for the payments made, including delivery costs (with the exception of additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay. and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be charged to the Consumer. The refund may be suspended until receipt of the goods or until the Consumer has demonstrated that he has returned the goods, whichever is earlier.
10.6 The Consumer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratches, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product) , not accompanied by the instructions / notes / manuals attached, the original packaging and packaging and the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product . To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity and protect it during transport even from writings or labels.
11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Dred S.r.l. and / or its successors in title, without the Consumer having any right to the same from accessing the Site and / or purchasing the Products.
11.2. The contents of the Site cannot be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Dred S.r.l ..
12. Consumer data and privacy protection
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and / or modify their personal data provided to the Seller through the appropriate section of the Site "My Account" accessible after authentication.
13.1. Although the Seller and the Owner adopt measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller and the Owner cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.
13.2. The Seller uses Shopify Payments services for the data relating to payments by credit card which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14. Applicable law, attempt at conciliation and competent court
14.1. Each sales contract concluded between the Seller and the Consumers pursuant to these Conditions will be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by the legislative decree of 9 April 2003. n. 70 on certain aspects concerning electronic commerce. In any case, any rights attributed to Consumers by mandatory provisions of law in force in the State of the latter will be reserved.
14.2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation that each Consumer will be able to promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows you to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe way on the internet. For more information on RisolviOnline regulations or to send a request for conciliation, access www.risolvionline.com.
14.3. As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales or online service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, which can be selected from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller's email address to be indicated on the European ODR Platform is as follows: email@example.com
14.4. If you do not adhere to the conciliation attempt referred to in paragraph 14.2 or 14.3 above or if this attempt should have a negative outcome, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.