1. Scope of application
1.1. These general online sales conditions ("General Conditions") apply to all sales contracts concluded between Del Mare 1911 S.p.A. , which markets Del Mare 1911 brand products with registered office in Via Mecenate 75, Milan, Italy ("Company"), and the user, understood in accordance with Article 3 of Legislative Decree no. 206/2005 ("Consumer Code") as a consumer ie, a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out ("User") on the basis of orders sent electronically through the Del Mare 1911 site ("Website").
1.2. By declaring to accept these General Conditions when purchasing a product on the Website, the User undertakes to comply with these General Conditions. The User will not be able to purchase products through the Website in case of non-acceptance of these General Conditions.
2. Changes to the General Conditions
2.1. The Company reserves the right to make changes to these General Conditions from time to time, should such changes be necessary to ensure compliance with supervening legal provisions, for technical reasons, to adapt them to the sales models adopted by the Company or for better protect the rights of the Parties. The most recent version of the General Conditions is published from time to time on the Website. In any case, the version of the General Conditions in force at the time the order is placed applies to each purchase.
3. Creating an account
3.1. To proceed with the purchase of the products on the Website, the User must
(i) access the Website with your authentication credentials already obtained following the creation of an account in your name on the Website, or
(ii) create a new account on the Website.
3.2. To create a new account on the Website, the User must
(i) fill in the fields of the registration form correctly, inserting all the data requested therein (by way of example and not limited to: name, surname, e-mail address, username and password),
(iii) confirm the registration.
3.3. When creating the account on the Website, the User must choose a username and password, whose length cannot be less than 8 characters, respecting the criteria for creating the password from time to time indicated on the Website. The User acknowledges and accepts that the login credentials to the Website are personal and must not be disclosed or transferred to third parties. The User undertakes to keep his password secret and to immediately notify the Company in the event of unauthorized use of the account or the loss or theft of access credentials by sending a written communication to the Company at the addresses referred to in Article 16, containing a detailed explanation of what happened and a copy of his identity document. Upon receiving communication from the User, the Company will block the User's access credentials and will provide the same with new access credentials. The Company assumes no responsibility for any loss or damage resulting from the fact that the User has not kept his password securely or has not communicated to the Company the unauthorized use, loss or theft of the password. The User assumes all responsibility towards the Company for any loss and / or damage resulting from any unauthorized use of his account.
3.4. Registration on the Website is free, it being understood that
(i) the cost of the connection to the Internet used to access the Website is borne by the User, according to the rates, terms and conditions applied by its operator and
(ii) the purchase of a product on the Website entails the obligation for the User to pay the Company the fees due for such product.
3.5. Following registration on the Website, the User will receive an e-mail message at the address indicated in the registration phase.
3.6. The User can cancel his account at any time by sending an email to the Company at the address indicated in the following article 16. Upon receipt of this communication, any contractual relationship between the User and the Company - without prejudice to purchase orders already sent before the cancellation request - it will be considered resolved and the User's username and password will be deleted.
4. Login not available as a guest
4.1. The User can only purchase through the Website with a registered account. In this case, the User must complete the registration in the Account area and accept these General Conditions.
5. Conclusion of the purchase contract
5.1. The User must select the products and place them in the cart, without prejudice to the possibility to modify or delete the contents of the cart at any time before proceeding with the forwarding of the purchase order.
5.2. The submission of a purchase order through the Website constitutes a binding purchase offer with respect to the selected products and, therefore, the conclusion of a purchase contract, which will be entirely governed by these General Conditions ("Contract").
5.3. Before confirming the purchase order, the User is required to check the summary of the purchase order to check that all the data provided is correct. Any errors in data entry can be corrected using the appropriate data modification functions on the Website. In case of errors that the User has noticed only after confirming the purchase order, the User can correct the same by contacting the Customer Service of the Company in the manner indicated in the following article 16.
5.4. Once the purchase order has been sent, the Company sends the User an email confirming receipt of the order, containing the order number and the details of the order placed ("Receipt Confirmation"). The Acknowledgment of Receipt does not constitute acceptance of the purchase order, unless this acceptance is expressly provided for in the Confirmation of Receipt itself; in this case, the Contract will be considered concluded following acceptance. In all other cases, the Contract will be considered concluded upon shipment of the ordered products as provided for in the following article 9.
5.5. In the absence of an express declaration of acceptance of the order in the Confirmation of Receipt and in case of failure to ship the products ordered within the agreed terms, the Consumer's offer to conclude a Contract will be considered rejected
5.6. The User is required to keep the order number present in the Acknowledgment of Receipt for the purpose of any communication with the Company.
5.7. The Contract can be concluded in the following languages: Italian and English.
6. Selection of products
6.1. The User can only purchase the products present in the catalog published on the Website and available at the time of the purchase order by the User. The product catalog can be periodically updated by the Company, which, therefore, does not provide any guarantee as to the permanence of a product among those available or the availability of all sizes / versions of each product / color present in the catalog.
6.2. Each product is accompanied by a description of its main characteristics. The images and colors of the products in the descriptive sheets may not correspond faithfully to the real ones, due to the settings of the information systems or devices used by the User to view the Website. Therefore, the images published must be considered indicative within the limits of normal tolerance.
6.3. The products on the Website are available until exhaustion. If, although selectable, the chosen product is not available, the Company will promptly notify the User via email to the address provided by the User. In case of permanent unavailability of the product, the Company may propose to the User the termination of the Contract and the reimbursement of the price already paid, including any shipping costs, if applied.
7. Product prices
7.1. The sales prices are expressed in Euros and are inclusive of VAT, if applicable based on the country of shipment of the products.
7.2. The sales prices applicable to the User are those published online at the time the purchase order is placed. These prices may be subject to change without prior notice. It is the User's responsibility to check the final price before submitting the purchase order.
7.3. The Company reserves the right to apply different sales prices depending on the country of shipment of the products.
7.4. All prices of the products on the Website are net of shipping costs and any customs duties, which remain entirely the responsibility of the User.
8. Payments; billing; refunds
8.1. The payment methods available to the User are listed below:
8.2. The price must be paid
(i) at the time of placing the order, in case of payment with PayPal.
8.3. The Company reserves the right of ownership on the products delivered to the User until full payment of the same.
8.4. For each purchase made through the Website, the Company sends the relevant payment receipt to the User. This receipt is attached to the Receipt Confirmation, if the latter constitutes acceptance of the order, or to the Shipping Confirmation (as defined below) pursuant to Article 5.4.
8.5. The Company reserves the right not to accept the purchase order in the event of failure to authorize the payment by the relevant manager through one of the payment methods provided for in article 8.1.
8.6. Any refunds of the amounts paid by the User to the Company will be made using the same payment method used by the User to make the purchase. Refunds will be processed in the time and manner provided by the manager of this payment instrument.
9. Shipping and delivery of products
9.1. The products purchased on the Website are delivered to the shipping address indicated by the User when registering on the Website or purchasing the product. The delivery of the products is carried out by couriers agreed with the company Del Mare 1911 S.p.A.
9.2. Upon delivery of the products to the courier, the User receives a confirmation communication via email from the Company, in which the name of the courier used, the estimated delivery times and the tracking code are expressly indicated, which will allow the User to constantly monitor the shipment ("Shipping Confirmation"). The shipping date of the products coincides with the date on which the products are entrusted to the courier in charge of the relative delivery.
9.3. The products can only be delivered to addresses in countries indicated in the table available on the Website. The delivery times and costs of the products vary according to the destination countries and the shipping methods chosen. In any case, delivery times are indicative and not strictly binding for the Company.
9.4. The Company may deliver the products ordered with the same order through partial deliveries, provided that the products can be used separately. In this case, the Company bears the additional shipping costs related to such deliveries. In any case, the partial delivery is considered valid and does not entitle the User to refuse delivery or to obtain compensation or compensation.
9.5. Upon delivery of the product, the User is required to check that
(i) the number of packages corresponds to that resulting from the transport documents e
(ii) the packaging is intact and without signs of damage, tampering or alteration. If this verification has not been successful, the User must immediately make the necessary complaints to the courier, refusing the product or accepting it with written reservation on the transport document. Furthermore, the User must inform the Company of the incident, by contacting Customer Service, no later than 8 (eight) days from the date of delivery of the product.
10. Late delivery
10.1. Where a Contract has been concluded and a supplier of the Company does not deliver the products ordered by the User to the Company within the agreed terms, the terms of delivery of the products to the User will be considered extended up to a maximum of 30 (thirty) days from the conclusion of the Contract.
10.2. In accordance with Article 61 of the Consumer Code, if the Company does not deliver the products within the agreed term or within the term referred to in Article 10.1, the User may invite you to make the delivery within an additional term appropriate to the circumstances. If the additional term expires without the products having been delivered, the User is entitled to terminate the Contract, without prejudice to the right to compensation for damages.
11. Withdrawal of products
11.1. In case of non-delivery of the products due to the absence of the User on the occasion of the attempts provided for by the procedure applied by the courier, the courier will keep the products in its warehouse until they are collected by the User and in any case within the deadline indicated. in the notice of attempted delivery left to the User. If the products are not collected within this period, the products will be returned to the Company. In this case, the Contract will be considered terminated by law pursuant to Article 1456 of the Civil Code, by sending a written communication to the User via email, and the relative purchase order will be canceled. Within the following 30 (thirty) days, the Company will reimburse the price paid by the User for the products, less the costs of the unsuccessful shipment, the costs of returning the products to the Company and any other expenses that the Company has claimed due to the non-delivery of the products due to the absence or inertia of the User in fulfilling the obligation to receive the delivery.
11.2. After the communication referred to in Article 11.1, the User who intends to request the delivery of the products previously ordered must necessarily proceed with a new purchase order, without prejudice to the Company's right to refuse this order.
12. User Representations and Warranties
12.1. The User declares and guarantees:
12.1.1. to be able to legitimately stipulate these General Conditions;
12.1.2. to be of age;
12.1.3. that the personal data and other information communicated to the Company when registering on the Website or purchasing a product are true, correct and up-to-date. The Company reserves the right to verify at any time and by any means at its disposal the information provided, also by requesting the User suitable supporting documentation and, in the event of violation of this article 12.1.3, to close or suspend the User account;
12.1.4. who will use the Website in compliance with any applicable law or regulation provision, refraining from any form of direct and / or indirect use of the Website that is in conflict with the law, these General Conditions or detrimental to the rights of third parties.
12.2. The User undertakes to indemnify and hold harmless the Company against any liability, action, cost, expense and claim that may derive from the User's violation of the declarations and guarantees referred to in Article 12.1, without prejudice in any case the possibility for the Company to terminate the Contract with immediate effect pursuant to Article 1456 of the Civil Code.
13. Legal guarantee of conformity
13.1. The products sold through the Website to the User enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code ("Legal Guarantee").
13.2. The Company is required to deliver to the User products that comply with the Contract.
13.3. The Company is liable to the User for any lack of conformity existing at the time of delivery of the product, provided that the lack of conformity has manifested itself within 2 (two) years from the delivery of the product. The User loses his rights relating to the Legal Guarantee if he does not report the lack of conformity to the Company within 2 (two) months from the date on which he discovered the defect, by contacting Customer Service in the manner indicated in the Article 16; this report must contain an accurate and complete description of the alleged defects or defects. In this case, the Customer Service is required to check the User's communication, giving him instructions for the shipment of the defective product, which will be at the Company's expense. The Company has the right to ask the User to attach the payment receipt or any other document to the product for which it intends to enforce the Legal Guarantee.
13.4. The User may ask the Company, at its discretion, to repair the product or to replace it, at no cost to him, unless the chosen remedy is objectively impossible or excessively burdensome compared to the other.
13.5. The User may request, at his discretion, an appropriate reduction in the price or the termination of the Contract if one of the following situations occurs:
(i) repair and replacement are impossible or excessively expensive;
(ii) the Company has not repaired or replaced the product within a reasonable period;
(iii) the replacement or repair previously carried out has caused significant inconvenience to the User.
13.6. If the product must necessarily be repaired at a technical assistance center of the manufacturer, the Company will send the product to this assistance center, it being understood that it will remain directly responsible to the User for the purposes of the Legal Guarantee.
13.7. Where, after having collected the product, the Company verifies that the lack of conformity reported actually exists, any costs of transport, repair or replacement of the product will be borne by the Company. Otherwise, or where the Company verifies that the reported lack of conformity does not exist or that there are no conditions for the applicability of the Legal Guarantee, the Legal Guarantee will not operate and all transport costs as well as the costs associated with the verification of the 'alleged lack of conformity will be borne by the User; in this case the Company will notify the User.
13.8. The User acknowledges and accepts that any defects or damage caused by accidental events or by the User's responsibility or by use of the products not compliant with their intended use or normal wear and tear are not covered by the Legal Guarantee.
14. Right of withdrawal
14.1. The User has the right to withdraw from the contract, without indicating the reasons, within 30 (thirty) days. The withdrawal period expires after 30 (thirty) days from the day of conclusion of the Contract or from the day on which the User or a third party designated by the User, other than the carrier, acquires physical possession of the products. If the User has purchased multiple products with a single order, the withdrawal period expires after 30 (thirty) days from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the latest product.
14.2. To exercise the right of withdrawal, the User is required to clearly declare their intention to withdraw from this Agreement by informing the Company at the following contacts.
14.3. To meet the withdrawal deadline, it is sufficient for the User to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Upon receipt of the request for withdrawal, the Company will communicate an acknowledgment of receipt to the User via email without delay.
14.4. In the event of withdrawal, the User will be reimbursed for all payments he has made to the Company, including delivery costs, except for the additional costs arising from the User's choice of a means of delivery other than the means less expensive standard delivery offered by the Company, without undue delay and in any case no later than 30 (thirty) days from the day on which the Company was informed of the User's decision to withdraw from the Contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to incur any costs as a consequence of this reimbursement.
14.5. Unless the Company has offered itself to collect the products subject to the exercise of the right of withdrawal by the User, the User is required to return or deliver the products to the Company or to the agreed couriers without undue delay and in any case within 30 (thirty) days from the day on which the User communicated his withdrawal from the Contract to the Company. The deadline is considered respected if the User returns the products before the expiry of the period of 30 (thirty) days to the following address Logistica Del Mare 1911 S.p.A., Via Mecenate 77, 77, 20138 - Milan (MI); Italy. The costs of returning the products are borne by the User, unless the Company has at its discretion agreed in writing to bear such costs. The Company may suspend the reimbursement of the price of the products until their receipt or until the User demonstrates that he has returned the products, whichever is earlier.
14.6. The User is required to return the products in an intact state of conservation and with original labels not removed. The packaging of the products must be accurate, in order to protect the original wrapping from damage, affixing of writings or labels.
15. Protection of personal data
16. Customer Service
16.1. The Customer Service, which the User can contact for any information, to request assistance or to submit complaints, can be reached at the following addresses:
Del Mare 1911 S.p.A. – Servizio Clienti
Via Mecenate 75, – IT-20138 Milano (Italia)
- Chat Web
- E-Mail > firstname.lastname@example.org
17. Online dispute resolution
17.1. The User has the possibility to use the platform established by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the User and the Company can resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
18. Applicable law and competent photo
18.1. These General Conditions are entirely governed by Italian law. Any dispute that may arise between the Parties in relation to the validity, interpretation, execution and termination of these General Conditions or of each Contract will be the exclusive competence of the Court of the place of residence or domicile of the consumer, if located in the Italian territory. If the User is not a resident or does not have his domicile in the Italian territory, for any dispute that may arise between the Company and the User regarding the interpretation of the General Conditions and the execution of the Contract, in the event of an action brought by Company, the latter may choose between the Court of [Milan] and the Court of the User's place of residence or domicile, alternatively between them; in the event of an action brought by the User, the Court of Milan will have exclusive jurisdiction.