Di Gaspare & C. S.r.l. Sales Terms and Conditions
GENERAL SALES TERMS AND CONDITIONS: For on-line purchases on the site www.digaspare.com Di Gaspare & C. S.r.l., with its legal and administrative office in Rome (RM) at Via Di Vannina 80/82 – Postal Code 00156, Tax Code/ VAT ID 09920361004, provides all users a way to buy products over the internet that are sold on the website www.digaspare.com.
1) General notes: These general sales terms and conditions (‘General Terms and Conditions’) are governed by the Italian Consumer Code (Legislative Decree no. 206/2005, as amended) and by standards on electronic commerce (Legislative Decree no. 70/2003, as amended) and apply exclusively to remote sales over the world-wide web of Products as identified and listed in the various sections of the website. In the event of changes to the General Terms and Conditions, upon the purchase order as specified under articles 3 and 4 below of these General Terms and Conditions, the General Terms and Conditions apply as published on the Website at the time the Order is submitted by the Customer (hereafter, ‘Customer’).
2) Public sales: The Products and Services and their prices as presented on this Website constitute an offer to the public in accordance with the methods specified in these General Terms and Conditions and on this website. The Terms and Conditions of this offer apply exclusively to purchases made on the Website indicated above. Purchasing contracts stipulated on this Website and having at issue the Products and related Services (hereafter ‘Purchasing Contracts’ or simply ‘Contracts’) are entered into with Di Gaspare & C. S.r.l.
3) Prices: All Products Prices listed on the Website include VAT. Shipping expenses (hereafter ‘Shipping Expenses’) and expenses related to further Services made available, as indicated in the following articles of these General Terms and Conditions, are to be paid by the Customer and are fully detailed in the Purchase Order. The Price indicated on this Website at the time the Order is submitted applies to the Products and Services, without any consideration of previous offers or potential changes to the Price that may take place thereafter. The offer is irrevocable and definite for 10 days from the date the Purchase Order was submitted.
Following the offer, the Vendor shall perform the appropriate and necessary order transaction verifications and will communicate its possible acceptance under the terms of the offer..
4) Order: Purchase Orders must be done on-line using the ordering procedure (hereafter, ‘Ordering Procedure’). The Customer properly completes the Ordering Procedure if the Website does not return an error message (the system cannot return errors regarding the data entered by the Customer in the field for addresses for billing and shipping). The Purchasing Contract is understood to be completed between the Vendor and the Customer when the Vendor receives the Order. In this case, the Vendor will respond to the receipt of the Order by sending an email confirmation of the order (hereafter, ‘Order Confirmation’) to the email address provided by the Customer. This Confirmation will summarise the chosen Products and Services, their Prices (including Shipping Expenses and further expenses for any further Services requested by the Customer), the delivery address, the order number (hereafter, ‘Order Number’), the General Sales Conditions provided and any special Conditions applicable to the individual Order and established following special requests by the Customer. The Vendor reminds the Customer to check very carefully that the data in the Order Confirmation is entirely correct and to communicate any corrections to the Vendor. The Order Number generated by the system and communicated by the Vendor must be used by the Customer in every communication with the Vendor. It is possible that the Products offered may occasionally not be available, in which case, if the Products chosen by the Customer are not available in whole or in part, the Vendor will communicate this to the Customer.
5) Payment Methods: Payment will be made using the methods and under the terms indicated on the website and/or in the Purchase Order and, in the event of ‘cash on delivery’ payment, at the time of delivery. For payment by bank transfer, shipping will only be done if the amount is fully transferred. If the payment is ‘cash on delivery’, the courier delivering the Products is hereby indicated as the party authorised to receive the payment in the name of and on behalf of the Vendor.
6) Delivery Methods: The Vendor shall carry out the delivery (hereafter, ‘Delivery’) using special carriers expressly hired by the Vendor (hereafter, ‘Carriers’) only within Italy. At the time of Delivery, we require the presence of the Customer or of a trusted person to check that the parcels are intact and undamaged and that the Products received are as specified on the Order. In the event of visible defects such as an incorrect amount and/or incorrect Product or damaged parcels, the Vendor asks the Customer or the Customer’s trusted person to make a report of these anomalies on the packing slip and to contact the Vendor using the methods indicated on the ‘Contact Us’ page of our Website. Provided it is performed within 30 days after the order, delivery constitutes the Vendor’s exact fulfilment. In the event of the Customer’s or the Customer’s appointee’s absence at the time and place agreed upon for delivery, or in the event of unjustified refusal of the delivery, the Vendor shall be free from its related obligation by way of deposit of the Products at its warehouses and/or those of the courier and notice to the Customer by email sent to the email address indicated on the Purchase Order. In all of these cases, pick-up of the Products is the responsibility of the Customer.
7) Shipping Expenses: Shipping expenses (hereafter, ‘Shipping Expenses’) are the Customer’s responsibility, except for specific cases indicated on the Website and appropriately highlighted and detailed in the Purchase Order and the following Order Confirmation.
8) Delays in Payment: Expenses for recovery of deferred payments A failure to fulfil payment of the monetary obligation under the terms agreed to authorises the Vendor to suspend delivery of the Products and entails the immediate default of the Customer, with application of the conventional interest rate in the amount established by Legislative Decree 231/02. The Vendor has the right to compensation for the expenses of recovering any amounts not promptly paid, notwithstanding compensation for further damages pursuant to Article 6 of Legislative Decree 231/02, which is understood to be extended to all relations between the Vendor and its Customers, professionals or consumers. In the event of partial payments following the billing deadline and the sending of payment reminders and/or warnings, such accounts shall be assigned to accounts receivable, interest and capital, and no assignments otherwise shall be accepted. To this end, legal expenses for recovery of credit shall be calculated according to the fees in effect. Solely for the purpose of preventing and/or in any case countering presumptions of unresolved orders and/or fictitious orders with entry into the Purchase Order of imaginary or false data, the Vendor reserves the right, in compliance with the special informational statement provided pursuant to Legislative Decree no. 196 of 30 June 2003, to perform sample verifications of the IP address of the party filling in the Purchase Order, notwithstanding compensation of the damages to it and any other rights involving such presumptions.
9) Defects and Discrepancies: Defects and discrepancies in the Products provided must be reported to the Vendor within 8 days from the date of delivery, by means of email followed by registered mail with return receipt requested, if the Customer is the end user of the Products. If the Products are addressed to a professional or in any case for resale, defects and discrepancies must be communicated to the Vendor within 8 days from the date of receipt of the report by the end purchaser, again by means of email followed by registered letter with return receipt requested. A failure to report within this period constitutes express acceptance of the delivery, with consequent waiver of any action by the Customer. The Vendor’s liability for defects and discrepancies is governed by the laws on the subject of guarantees and is in all cases limited to replacement of the Products only. In any case, the Vendor’s liability likewise does not apply: 1) if the defects and/or discrepancies were knowable to the Customer and the Customer did not report them properly; 2) if the defects or discrepancies are due to instructions or materials provided by the Customer; 3) if the defects and/or discrepancies are of a minor nature and reparations would be impossible or excessively burdensome; 4) if the defects or discrepancies are due to the manner of installation/use or due to the materials used for installation/use; 5) if the defects or discrepancies are due to tampering or technical operations by unauthorised personnel; 6) if the defects or discrepancies are regarding the aesthetics of the products or their non-functional features; 7) in the event of incorporation/use of the Vendor’s products in another product not ascribable to the Vendor, if the discrepancy is due to the Vendor’s design or instructions for incorporation/use; 8) in the event of incorporation of the Vendor’s products into another product not ascribable to the Vendor, if the discrepancy is due to the Vendor’s design or instructions for incorporation/use. In the event of delays in the delivery of Products for reasons ascribable to the Vendor, the Vendor’s liability is limited to a maximum amount equal to the sale price. In no case shall the expenses independently incurred by the Customer be determined to be compensation for damages without the Vendor’s express prior consent.
10) Right to cancellation: For consumers. If the Customer is a ‘Consumer’ as defined in Article 3 of the Italian Consumer Code, he has the rights indicated in Article 52 et seq. of the Italian Consumer Code as modified by Legislative Decree no. 21 of 21/02/2014, and therefore the right to withdraw from the Purchasing Contract (hereafter, ‘Right to Cancellation’) for any reason, without explanations and without any penalty, using the methods specified below. Cancellation may involve all (Total Cancellation) or only part (Partial Cancellation) of the Products purchased by the Consumer. The Cancellation period ends after 14 (fourteen) days after the day on which the Consumer or a third party, other than the carrier and appointed by the Consumer, acquires the physical possession of the Product(s) (hereafter, ‘Cancellation Period’).
The right to Cancellation is exercised by sending, before the end of the Cancellation Period as indicated above, a cancellation communication (hereinafter ‘Cancellation Communication’) by means of email followed by a written letter addressed to: Di Gaspare & Co. S.r.l. Via Di Vannina 80/82 – Post Code 00156 Rome (RM).
The Cancellation Communication must specify the wish to withdraw from the Purchase and the Product or Products for which the Right to Cancellation is intended to be exercised.
Following the proper exercise of the Right to Cancellation as outlined by Article 52 et seq. of the Italian Consumer Code as cited above, the Vendor shall forward the Case Number to the Consumer by email. This Number must be indicated by the Consumer at the time the Product(s) is(are) returned (hereafter, ‘Return’). Having exercised the return, and having received the case number from the Vendor, the Customer must return the Products to the address indicated above, or deliver them to a third party authorised by the Vendor to receive them, without undue delay and in any case within 14 (fourteen) days from the date on which the case number was received. For purposes of the end of the term, the Products are understood to be returned at the time when they are delivered to the accepting postal office or to the shipper. The Vendor shall make a refund of the amount paid within 14 working days starting on the day of actual receipt of the undamaged Products. The expenses for returning Products are the responsibility of the Customer and shall not be refunded by the Vendor, the Vendor shall likewise subtract from the amount of the refund the expenses initially incurred for transport. The Customer is responsible for any decrease in value of the Products. It is hereby specified that the right to return indicated in this article applies only to Customers who are natural persons in the role of ‘consumer’ pursuant to current regulations, it being reciprocally excluded for Customers not in that role or who are acting for entrepreneurial, business, artisan or professional purposes. In any case, the right to return is excluded if the sale falls under the exceptions provided for by Article 59 of the Italian Consumer Code, as amended by Legislative Decree No. 21 of 21/02/2014.
11) Damage. In the event that the merchandise arrives partially damaged, in addition to reporting the damage on the courier’s document, please send communication to firstname.lastname@example.org explaining the extent of the damage and a photograph of it. You will be contacted as soon as possible.
12) ourt with Jurisdiction: For any disputes related to the existence, the validity, the efficacy, the interpretation, the resolution, the compensation for damage and the execution of the offer and/or the Contract, the Court of Rome has exclusive jurisdiction.
13) References to regulations for the sector: or matters not expressly exempted by this Contract, in addition to Legislative Decree No. 206 of 6 September 2005 (Italian Consumer Code) and all subsequent amendments and supplementations, express reference is made to the other applicable regulations with express, but not exhaustive, reference to Legislative Decree No. 70 of 9 April 2003 (Implementation of Directive 2000/31/EC related to certain legal aspects of services of information companies, in particular electronic commerce, in the domestic market) and all subsequent amendments and supplements.
14) Processing of Personal Data: The Customer’s data are processed by the vendor in compliance with the provisions of the laws on the subject of the protection of personal data as specified in the informational statement provided in the special section ‘Informational Statement pursuant to Article 13 of Legislative Decree 30/06/2003’ et seq.
15) Communications: All communications, except as provided for in article 10 above, ‘Right to Cancellation’, can be addressed to the vendor using the contact channels listed in the Website’s ‘Contacts’ section.