TERMS AND CONDITIONS
The terms and conditions under which Da.Ri.Pa. S.r.l. Ceramica-Building material offers users access to its services available on the website https://www.daripashop.it
1. Definitions
To allow a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below: Holder: Da.Ri .Pa. S.r.l., with registered office in Via G. Leopardi, 48 – 73100 Lecce, VAT number 02320050756, telephone 0832 390531, e-mail address info@ daripa.it, Application: the website https://www.daripashop.it, managed by the Owner, which offers the sale of floors and walls, bathroom furniture.
Products: the products and/or services offered through the Application; User: the person who accesses the Application, without distinction of legal nature and purpose pursued, interested in the Products offered through the Application; Consumer: natural person who acts for purposes unrelated to any commercial, craft or professional business activity carried out; Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered through the Application.
2. Stipulation, conclusion and effectiveness of the Conditions
The contract for the purchase of the Products is concluded by correctly completing and sending the order form. This form contains the details of the originator and of the order, the price of the Product purchased, any additional ancillary charges, payment methods and terms, the address where the Product will be delivered, delivery times and the existence of the right of withdrawal as well as consent to the processing of personal data. When the Owner receives the order from the User, he sends a confirmation e-mail or displays a printable web page confirming, summarizing or canceling the order, which also contains the data referred to in the previous point. The Conditions are not considered effective between the parties in default of what is indicated in the previous point. The Owner may modify or simply update, eliminate all or part of these Conditions. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of modification of the Conditions. The User is therefore invited to view the Conditions at each access to the Application and it is advisable to print a copy for future consultations.
3. Registration
In order to use some features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy (https://www.daripashop.it/privacy) and these Conditions. The User has the responsibility to keep his access credentials. It is understood that under no circumstances can the Owner be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.
4. Account cancellation and closure
Registered Users can stop using the Products at any time and deactivate their accounts or request their cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address info@daripa.it, or by calling Customer Service on 0832 390531, the Owner, in the event of a violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or terminate the User's account at any time and without notice.
5. In-App Purchases
The purchase of one or more Products through the Application is allowed both to Users who have the quality of Consumers, and to Users who do not have this quality. Pursuant to art. 3, I paragraph, lett. a) of Legislative Decree 206/2005 ("Consumer Code"), it is recalled that the 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, qualify as Consumers. Natural persons are allowed to purchase only on condition that they are eighteen years of age. The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Application and the actual Product may occur. Furthermore, any photographs of the Products present on the Application do not constitute a contractual element, as they are only representative. The User expressly grants the Owner the right to accept even only partially the order placed (for example in the event that there is not availability of all the Products ordered). In this case, the contract will be considered completed in relation to the Products actually sold. The Owner reserves the right to refuse an order: 1. when the Product is not available; 2. when the authorization to charge the cost of the Product to the User is denied; 3. when a clearly incorrect and recognizable price is indicated at the time of purchase. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
6. Prices and Payments
The Owner reserves the right to modify, at any time, the price of the Products and any shipping costs of the same. For shipments we rely on the courier Bartolini with tracking code, in some cases also on Primiceri Trasporti without providing the tracking code which can be requested directly from the courier at the following telephone number 0833 180 8700. It is understood that any changes will not in no case will they affect the contracts already concluded before the modification. The selling prices of the Products are inclusive of VAT, if due; any other tax and/or shipping cost to be paid by the User will be indicated before the confirmation of the purchase. The User undertakes to pay the price of the Product purchased in the times and ways indicated in the Application. Any refund to the User will be promptly credited using one of the methods proposed by the Owner and chosen by the User and, in the event of exercising the right of withdrawal, at the latest within 30 days from the date on which the Owner became aware of the withdrawal itself . All communications relating to payments are made using a connection protected by an adequate encryption system. The Data Controller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
7. Billing
The User who wishes to receive the invoice will be asked for billing data. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be truthful, will be used as proof, releasing the Owner from any and all indemnity in this regard.
8. Methods of delivery of material Products
A tangible product means any movable or digital good provided on a material support offered through the Application. The material Products ordered will be delivered to the User, at the address indicated by the latter, in the manner chosen by the User or indicated in the Application at the time of purchase. Delivery will take place within the terms indicated in the order confirmation. Upon receipt, the User is required to verify the conformity of the Product delivered with the order placed; only after this verification will it be necessary to sign the delivery documents, without prejudice to the right of withdrawal. Should an order exceed the quantity existing in the warehouse, the Owner will inform the User via e-mail if the Product is no longer bookable or what are the waiting times to obtain it, asking if he intends to confirm the order or not . The Owner assumes no responsibility for the delay or non-delivery of the Product attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, to implement within the agreed time frame. The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, the User having the right only to a refund of any price paid.
MANDATORY CONDITIONS FOR ACCEPTANCE OF DELIVERY
The items are carefully checked in our warehouses before being packed and entrusted to the courier for which we are always certain of the integrity of the same until they leave our warehouses. At the time of delivery, we recommend that you put the wording "We accept subject to control for any hidden damage" on the courier's slip. In case of failure to affix this annotation, any requests for return or replacement of the item that may have been damaged during transport will not be accepted.
9. Right of withdrawal of material products
The User who acts as a consumer and who for any reason is not satisfied with the purchase of material Products has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason within 14 days from the date of delivery of the Product. In order to withdraw from the contract, the User must contact the Owner at the e-mail address info@daripa.it or call the Customer Service on 0832 390531. The User will be informed of the methods concerning the return of the Product. The sending of the communication can validly be replaced by the return of the purchased Product, provided that it is within the same terms. The date of delivery to the post office or to the shipper will be authentic between the parties. In the event of withdrawal, the Owner will reimburse the payments received from the User as well as the delivery costs without undue delay and, in any case, no later than 30 days from the day on which the User communicates to the Owner that he wishes to withdraw from the contract. The Owner will reimburse the User in the same payment methods used by the User for the online purchase. The User must return the Products at his own expense, unless the Supplier agrees to take them on, without undue delay and in any case within 14 days from the date on which he communicated his decision to withdraw to the Owner. The User is responsible for the integrity of the Product as long as the same good is in his possession and must take all appropriate measures to preserve the Product and do everything possible so that the Product is returned in the best possible condition, including the undamaged original packaging, instruction manuals, accessories, any loose items, and any other components. The Product must not have been subjected to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product.
The Owner will not consider return requests in the event that the returned Product proves to be malfunctioning due to of improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear.
10. Optional form to exercise the right of withdrawal
Optionally, the User can withdraw using the following form, which must be completed in its entirety and sent
to the e-mail address: info@ daripa.it, before the withdrawal period expires:
With this form, I communicate the withdrawal from the sales contract relating to the following goods/services: __________ Order number: _______
Ordered on: _______
Name and Surname: _______
Address: ______
Email associated with the account from which the order was placed: ____________________
Date: __________
11. Guarantee of conformity
All Products that fall into the category of "consumer goods", as governed by art. 128, paragraph 2 of the Consumer Code,
sold through the Application are covered by the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for Consumers. Therefore, it is applied only to Users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. To those who have purchased on the site and who do not cover the quality of consumers, the guarantees for defects of the thing sold will be applied, the guarantee for promised and essential quality defects and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.