The following general conditions of sale concern the purchase of products and services by electronic means and is governed by D.Lgs. 6 September 2005 n. 206 (Consumer Code) on distance sales with consumers, and by D.Lgs. 9 April 2003 n. 70 in the field of electronic commerce. The contract of sale stipulated between the Customer and DB S.r.l., will be governed and interpreted in accordance with Italian Law.
OWNERSHIP OF THE SITE
The website www.takecarl.com (hereinafter referred to as Site) belongs to DB S.r.l. with registered office in Via Divisione Julia, 25/3 – 33044 Manzano (UD) Italy, and is aimed at the sale of products online via the internet on the website www.takecarl.com
A- ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
B- PURCHASE METHOD – ACCEPTANCE OF THE ORDER
All prices indicated on the site are intended to be prices to the public and, therefore, VAT INCLUDED (22%). Product prices may vary without notice and will be valid at the time of purchase.
The payment of the purchased products and the related shipping costs must be made by the Customer at the time of conclusion of the order, using one of the following methods:
PAYMENT BY CREDIT CARD: Visa, MasterCard, postepay, prepaid cards of the VISA circuit. In case of payment by credit card, the financial information (card number, expiration date, etc.) will be automatically managed by the Paypal Secure Server, without DB S.r.l. or third parties can in any way have access
PAYMENT BY BANK TRANSFER: the bank details to make the transfer, will be communicated to you by e-mail after you have placed the order. The bank transfer must be made before the shipment of the goods. If the payment is not made within 7 working days after sending the bank details, the order will be automatically canceled
PAYMENT BY PAYPAL
PAYMENT ON DELIVERY
E- SHIPPING AND DELIVERY
The shipment of the purchased goods will respect the order with which the requests have been received. Shipping and delivery, at the address indicated by the Customer in the order form, will take place by express courier throughout Italy and in the countries indicated. The courier will respect, in the delivery to the Customer of the purchased goods, standard delivery times.
F- RIGHT OF WITHDRAWAL
Pursuant to and within the limits of art. 64 et seq D. Lgs. No. 206/2005, the consumer customer has the right to withdraw from the purchase contract, for any reason, if not satisfied. Carl can be returned within 30 days. To start the return procedure, simply send an email to [email protected]; we will send you the address to which it will be sent. The product must be placed in the original box, with all its components. Upon arrival at the venue will be checked and, in 1/2 working days, will be made the refund with the same method of payment of the purchase. If you paid Carl at the time of delivery, you will be asked for the Iban and will not be refunded the costs of the cash on delivery (8€). Alternatively, we can arrange the return for you: we will send you a label to print and apply to the package, and we will send the courier to collect it; in this case, the cost of the return will be 12€, which will be deducted from the refund. Attention! The right of withdrawal does not apply in cases where the item is not returned in a condition of complete integrity, such as in the cases of:
lack of original packaging (it is therefore advisable to keep the original packaging of the product at least until the expiry of the period for the exercise of the withdrawal);
absence of integral elements of the product (accessories, cables, instruction manuals etc.);
damage to the product for reasons other than transport;
the state of preservation of the non-normal product.
If the Customer, for whatever reason, wishes to return the goods, he will be entitled to a refund of the price paid for the product purchased. The Customer shall bear the shipping charges and the right to cash on delivery. The refund equal to the value of the goods correctly returned, excluding shipping costs, will be made within 30 days according to the payment method chosen at the time of purchase (bank transfer, PayPal, etc.). Please note that the fees for the various payment methods will be deducted from the total to be reimbursed. In case of absence of shipping costs for promotional initiatives, the same will be subtracted from the total to be reimbursed.
G- RULES APPLICABLE TO THE CONTRACT
For everything not expressly provided for and governed by these conditions of sale, the Italian law in force on the matter applies.
H- COMPLAINTS AND GUARANTEES
The products purchased on the Site are subject to the regulations, as far as applicable, of D. L. 2.2.2002 n. 24 (G.U. n. 57, 8.3.2002) on sales contracts and guarantees concerning consumer goods and, as far as not covered therein, the specific provisions laid down in the Civil Code. Therefore, all products purchased on dormibimbo.com are covered by the seller’s two-year legal guarantee under the Consumer Code (Legislative Decree No. 206 of 6 September 2005). Pursuant to articles 128 to 135 of the Consumer Code, consumers have the right to obtain from the seller the free repair or replacement of products that have a lack of conformity within 24 months after the date of delivery. The defect must be reported within 2 months of discovery. This guarantee will apply to the product that presents lack of conformity and/ or malfunctions not found at the time of purchase, provided that the product itself is used correctly and with due diligence and that is in compliance with its intended use. The above guarantee will not be applicable in the event of negligence, negligence in the use and maintenance of the product. The guarantee is personal and will therefore apply only to the original purchaser, being reserved for direct customers and not to traders, retailers, etc. All returned products will be tested and will be returned at the Customer’s expense if there are no defects and if normal operation is found. As required by current legislation, the maximum period to report transport damage to DB S.r.l. is 8 days from receipt. For any clarification and any complaint you can contact the Customer Service. Only consumers are entitled to the application of the legal guarantee under the Consumer Code, that is, natural persons who have purchased a product for the use not inherent in commercial, entrepreneurial or professional activities. Therefore invoices bearing the VAT number of a company or a professional will not give access to the rights under the legal guarantee.
I- LIMITATIONS OF LIABILITY
DB S.r.l. cannot be held responsible for the loss or damage suffered by the Customer due to delays, slowdowns and interruptions of the electronic commerce service or because of delays in the execution of the purchase order or because of failure to execute it, if the delay, slowdown, the interruption and non-performance are caused by an impediment independent of one’s own will, which could not reasonably be foreseen and the consequences of which could not be avoided or limited.
L- AMENDMENTS TO THE GENERAL CONDITIONS OF SALE
The conditions contained in this document may be modified according to the law without notice and will be valid erga omnes from the date of publication on the site: www.takecarl.com
The personal data communicated by the Customer in the process of forwarding the order and/or requests for information are collected and processed (also with communication to third parties only in case it is strictly necessary, e.g. express courier in charge of delivery) in order to meet the Customer’s requests. This data will also be processed for institutional purposes, connected or instrumental to the activity of our company,
To perform legal obligations;
For operational and management needs;
For the purposes of monitoring the progress of customer relations;
For operational and strategic marketing purposes;
Personal data will not be transferred to third parties under any circumstances. DB S.r.l. guarantees to its customers the respect of the law in matter of treatment of the personal data, disciplined from the code of the privacy of which to dlgs 196 of the 30.06.03. The data controller is: DB S.r.l. – Via Divisione Julia, 25/3 – 33044 Manzano (UD) Italy – VAT: 02810430302. NB: by proceeding with the forwarding of the order and/or requests for information, tacit consent is given to the processing of personal data according to Legislative Decree 196 of 30.06.03
N- COMPETENT COURT
Without prejudice to the application of the mandatory provisions of law established for the protection of the consumer, any dispute whatsoever related to these general terms and conditions shall be subject to the exclusive jurisdiction of the Court of Udine.