Terms of service
GENERAL CONDITIONS OF SALE, effective from 01/07/2020
This information is provided for the site "https: / /www.dabrazzi.health ”(Site) owned by D&C srl, with headquarters in Via Tagliaferri, 5 - 25126 Brescia Italy, Registered in the Brescia Chamber of Commerce, with VAT no. 03573670175, share capital of 500,000.00 € i.v. (Seller).
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of the Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale can be changed at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
1.5 These General Conditions of Sale do not regulate the sale of products and / or services from part of subjects other than the Seller who may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and / or for the sale of products by such parties. The Seller does not carry out any checks and / or monitoring on the websites accessible via these links. The Seller is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site.
1.7 The forwarding of the purchase order constitutes acceptance of these General Conditions of Sale.
Art. 2. Purchases on the Site
2.1 Purchases on the Site
- can only take place after registering on the Site
- is allowed both to users who play the role of consumers and users who play the role of professionals. Pursuant to art. 3, I comma, lett. a) of the Consumer Code, we remind you that a natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out is a consumer; while pursuant to art. 3, paragraph I, lett. c) of the Consumer Code, the natural or legal person who acts in the exercise of his / her business, commercial, craft or professional activity, or an intermediary, holds the quality of professional.
2.2 Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it should be remembered that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out.
2.3 Under no circumstances may resellers, wholesalers or, in general, anyone intending to make purchases for the purpose of subsequent resale, make purchases on the Website. It is therefore forbidden for these subjects to make purchases on the Site.
2.4 In the case of orders, coming from anyone, which are anomalous in relation to the quantity and / or frequency of purchases, the Seller reserves the right to take all necessary actions to stop the irregularities.
2.5 The Seller reserves the right to refuse or cancel orders that come from:
- from a user with whom the Seller has an ongoing legal dispute
- from a user who has previously violated the General Conditions of Sale
- from a user who has been involved in crimes
- from a user who has released identification data false, incomplete or otherwise inaccurate or that they did not promptly send the documents requested by the Seller to the Seller or that they sent invalid documents.
Art. 3. Registration on the Site
3.1 To register on the Site you must fill in the appropriate form, inserting the following data:
3.2 You undertake to inform the Seller immediately in the event that you suspect or become aware of aor undue or undue disclosure of the credentials to access the Site.
3.3 The registered user of the Site guarantees that the personal information provided by him is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and / or from the provision of false, incomplete personal data or otherwise inaccurate, without prejudice to the Seller's right to disable the user's account.
Art. 4. Information for the conclusion of the contract
4.1 In compliance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:
- to conclude a purchase contract on the Site, you must fill in an order form in electronic format and send it to the Seller, via telematics, following the instructions that will appear on the Site from time to time
- the contract is concluded when the order form reaches the Seller's server
- once the order form has been received, the Seller will send to the e-mail address indicated the order confirmation containing:
- the information relating to the characteristics of the purchase
- the indication of the price
- the indication of the means of payment used
- an indication of the delivery costs.
Art. 5. Availability of Products
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
5.2 You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code.
5.3 Alternatively, you can accept:
- if a restocking is possible, an extension of the delivery terms, offered by Seller, with indication of the new delivery term
- if restocking is not possible, the Seller will supply a different product, of equivalent or greater value, upon payment, in the latter case, of the difference, and upon express acceptance of the user.
5.4 If a refund is requested for the amount paid for the purchase of Products which later proved unavailable, the Seller will make the refund within a maximum period of 60 days.
5.5 In the event that you make use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due) has already occurred, the Seller will reimburse the Total Amount Due pursuant to the provisions of the article "Payment methods" below.
Art. 6. Information Sheet
6.1 Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by you for their display. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use.
Art. 7. Prices
7.1 All the prices of the Products published on the Site are inclusive of Value Added Tax.
7.2 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any changes (increasing or decreasing) subsequent to the transmission will not be taken into account of the same.
7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit it.
Art. 8. Purchase orders
8.1 The Seller will ship the Products only after receiving confirmation of the payment authorization or after the crediting of the Total Amount Due. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, materially comes into possession of the Products.
8.2 The purchase contract is conditional on the non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.
Art. 9. Payment methods
9.1 The following payment methods are permitted on the Site:
- Payment card.
9.2 The Seller accepts the credit cards of the circuits:
- MasterCard (Cirrus Maestro)
They are, in any case, indicated in the footer of each page of the Site.
The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you have used will have issued the debit authorization.
The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the which the Seller uses. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.
The charge will be made. made at the time of order transmission.
Art. 10. Delivery of Products
10.1 There are no limitations to delivery, except in the cases indicated on the Site and / or in the Product Sheet.
10.2 Delivery costs are at your expense, unless otherwise indicated during the purchase process and / or in other parts of the Site. An additional cost may be required for delivery in some areas.
10.3 Starting from the date of sending the order, the Products will be delivered within 5 days and, in any case, within thirty days from the date of conclusion of the contract.
10.4 It is your responsibility to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve . In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if applicable for the Product) and the legal guarantee of conformity remains valid.
Art. 11. Right of withdrawal
11.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, sealed goods are sold on the Site which do not lend themselves to being returned for reasons of hygiene or health protection.
Art. 12. Legal Guarantee
All the Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by art. 128-135 of the Consumer Code (Legal Guarantee).
To whom it applies
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
When it applies
The Seller is liable to the consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months from the delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of lla delivery of the same.
In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the statement of the payment card) and the date of the delivery.
In case of termination of the contract, the Seller will refund the consumer the total amount paid, consisting of the purchase price of the Product, the shipping costs and any other additional cost. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller is not liable in the event of damage, of any kind, deriving from the use of the Produced improperly and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage resulting from unforeseeable circumstances or force majeure.
Art. 13. Manufacturer's conventional warranty
13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can only enforce this guarantee against the manufacturer. The duration, the extension, even territorial, the conditions and methods of use, the types of damage / defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.
Art. 14. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution
14.1 The purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
14.2 Please note that in the case of a consumer user, the court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of this document.
14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to the Seller, as a result of which it has not been possible to resolve the dispute thus arising, the Seller will provide the information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in Articles 141-bis and following of the Consumer Code), specifying whether it intends to make use or not of these bodies to resolve the dispute.
14.4 The Seller also informs the user who is a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure of the dispute in which he is involved.
14.5 In any case, the consumer's right to appeal to the ordinary competent judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through recourse to the procedures of referred to in Part V, Title II-bis of the Consumer Code.
14.6 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to '' application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
Art. 15. Customer service and complaints
It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:
- by email, at the following address: email@example.com.
The Seller will respond to complaints submitted within 10 days of receiving them.