1 – GENERAL SALES CONDITIONS
These Sales Conditions govern the purchase contract between “DE.MA Comfort of Mainiero Giovanni” – hereafter referred to as the “Seller” and the customer in order to purchase the products published on www.demacomfort.com. The customer, with the online confirmation of the ORDER SUMMARY, declares to know and unconditionally accept the General Conditions of Sale and to fulfill all the obligations set out therein towards the Seller. For this reason, the Customer is obliged to take a carefully examine them by printing and storing them, according to the provisions of art. 50 and following the Legislative Decree 206/05. The Seller is deemed authorized to modify or integrate these general conditions of sale at any time, also in consideration of any regulatory changes, with no obbligation to give prior notice; changes which will be binding on customers only from the moment they are published on the website www.demacomfort.com, without having retroactive effect.
2 – ORDERS
Once the Seller receives the order placed by the customer, he will send the order summary by e-mail, where all the information relating to it will be specified. The order will be considered completed and concluded when the Seller receives the expected payment, and with the forwarding, via e-mail, of the order confirmation complete with all the other information necessary for the exact billing and the correct delivery of the goods .
Any additional transport costs that should be determined by insufficient information, are fully charged to the customer.
The Seller cannot process orders for products that should no longer be available at the time of the order. In this case, the order will not be followed up and the reasons will be communicated by e-mail or other communication channels.
In this case, the purchase contract will not be concluded, therefore, the Seller will return to the customer the amounts received in reference to the non-completed purchase contract.
The customer is not acknowledged the right to claim damages as well as any liability for direct or indirect damage to people or things caused by the non-acceptance of an order, even partial.
3 – PRICES
All prices shown on each product are inclusive of VAT.
4 – FINISHES
The colors, coatings and finishes shown on the site are indicative since it is not technically possible to ensure absolute fidelity to the original colors. This does not constitute a reason for contesting the product.
5 – SHIPMENTS
The Seller undertakes to ship the purchased items within 48 Working Hours from the date of purchase, in the event that there are no problems relating to the shipping address (incorrect or missing information).
The Seller reserves the right to delay shipments during holidays (e.g. Christmas) or in the case of special communications to customers made within this site.
6 – TRANSPORT
The goods are shipped to the destination indicated by the customer and contained in the order confirmation by national and international couriers, properly packed and complete with transport document, receipt or accompanying invoice. The relative cost is already included in the price on some products on which “free shipping” is highlighted and on others it will be calculated automatically at the time of purchase after specifying the relative destination. This service, both with “free shipping” and with “subsequent charge”, always refers to goods delivered: ground floor, roadside in correspondence to the customer’s house number.
They will have a cost supplement, which will be communicated later by e-mail by the Seller and which will still be borne by the customer, adding to the one already indicated in the order, the following services and destinations:
– deliveries to floors / cellars; deliveries to historic centers or to addresses not accessible by 12 Mt line trucks; express, urgent, mandatory deliveries, by appointment, special deliveries.
– deliveries in difficult areas (see attached list); inaccessible areas (see attached list); smaller islands, Venice and the Lagoon.
7 – PAYMENT
Payment for products can be made in the following ways:
a) when ordering, by credit cards and PayPal, the safest online payment system. The credit card will be debited at the same time once the online transaction is concluded. In case of non-acceptance of the order, the Seller will refund the amount by reversing the amount from the credit card’s interbank circuit. The Seller reserves the right to request additional information and documentation from the Customer which can prove the ownership of the Credit Card used. In the absence of this required documentation, the Seller reserves the right to refuse the order.
b) b) by advance bank transfer to be made upon receipt of the order summary. All the data to make the transfer are shown on the final page of the purchase procedure. The reason for the transfer must include the order ID and the details of the order holder. Any discrepancies between the data communicated by the Customer at the moment of the order and the data entered on the bank transfer, could cause delays in the acceptance of the order on behalf of the Seller.
8 – DELIVERY OF GOODS (CHECK)
Upon delivery of the goods, before signing the waybill that the operator making the delivery will ask to sign, the Customer is required to check:
– that the number of packages delivered corresponds to what is indicated on the transport document. In case of discrepancy, however, collect the goods and write on the waybill the number of packages actually collected. Said discrepancy must be immediately communicated to the Seller.
– that the packaging is intact (not wet, perforated, folded or otherwise) and not altered even in the closing tapes. In the event of evident breakage, damage or tampering with the packaging, the Customer must write in detail on the waybill, SPECIFIC RESERVE OF THE GOODS DUE TO DAMAGE OF THE PACKAGES RECEIVED and then immediately notify the Seller.
In the event of evident damage to the products not yet collected, the customer can refuse delivery by indicating the reason for the non-collection on the waybill and immediately notify the Seller.
Any hidden damage detected must be communicated to the Seller within 5 days of receipt of the goods by registered letter with return receipt or pec.
ATTENTION: if the customer accepts the goods and signs the waybill without making the necessary reservations, it will not be possible to subsequently claim any losses or damage, as the subscription constitutes verification and acceptance of the conformity of the product.
9 – STOCKS
In case of non-delivery, the goods will remain in stock available to the customer for a maximum of five calendar days, after which they will be returned to the sender. The Seller will not undertake, for any reason, any costs of storage of the goods or those relating to the return, which will be borne entirely by the customer. For this purpose, the customer must specify, on the order form, all the information requested from the Seller in order to eliminate this unnecessary increase in costs.
10 – GUARANTEE FOR THE CONSUMER
The consumer is the owner of the rights provided by the Legislative Decree n. 24 of 02-02-2002. The products have a guarantee, for lack of conformity, for two years from their delivery.
The Seller guarantees that the goods sold comply with the characteristics declared and suitable for the use for which the object must be used. Any flaws or defects in the product delivered, with respect to what was agreed, must be reported by the customer, under penalty of forfeiture, within 30 days from the discovery of the defect. The action is prescribed within six months of discovery. . The deadline for reporting flaws and / or defects of the goods that are apparent, starts from the day of delivery of the products. The warranty is excluded in the event of damage attributable to an anomalous use of the product by the purchaser or from local environmental conditions of the purchased good such as, for example, but not limited to, high level of humidity of the room, overheating of the room, temperatures and exceptional, unusual weather conditions or improper uses made by the buyer as poor maintenance (cleaning with improper products or means) or for use that is not adequate for the characteristics for which the object is to be used. The Seller does not guarantee the perfect correspondence of the colors shown on the site to the original ones. This does not constitute a reason for dispute for lack of conformity. To exercise this right, the customer must document, by registered letter with return receipt to be sent to: “DE.MA Comfort di Mainiero Giovanni, via Largario 2 – 82022 Castelfranco in Miscano (BN)” in the above terms, the lack of conformity found, to send, at our request, by e-mail, any digital photos or if necessary, at the request of the Seller, even arrange for the shipment of the defective object. This will allow the Seller to establish whether the defect found is attributable to production problems (conformity defects), and in this case the defective goods will preferentially be, repaired or replaced or, alternatively, replaced with the return of the defective one. . In the event that the Seller establishes the improper use of the product by the customer, no free replacement will be made. After receipt of this communication and / or documentation, the Seller will, within 10 working days, communicate his decisions by giving authorization, or not, to return the defective goods, with the possible shipment, via e-mail, of a document that must be attached to the goods to be returned. The material must be sent to the address that will be communicated. The replacement will be made in the shortest possible time. The relative transport costs for the replacement, both those for the return of the goods and those for the replacement, are borne by the Seller.
11 – RIGHT OF WITHDRAWAL
Online sales are subject to Legislative Decree no. 206 of 06-09-2005 art. 64/68 which provides the possibility, by the consumer, (i.e. a natural person who buys the goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order form a VAT reference) to make use of the right of withdrawal. This right consists of the customer’s right to withdraw from the purchase contract, return the purchased goods and request a refund of the price paid without any penalty and without stating the reason.
To take advantage of this right it is necessary:
1) to send within 10 days from that of delivery of the material by the Courier or Freight Forwarder, a registered letter with return receipt addressed to: “DE.MA Comfort di Mainiero Giovanni, via Largario 2 – 82022 Castelfranco in Miscano (BN) ”Indicating the invoice number, code and number of items, and bank details to obtain the transfer.
2) to wait for approval by e-mail with which the return document will be sent and the name of the Courier who will collect the goods. The customer agrees and undertakes to return the product (s) to the seller within and no later than ten working days from the date of the approval issued by the seller to the address communicated.
3) The products must be returned intact, unused, unaltered, unstained, wet or damaged. The products must retain the disposable seal and the inside of the packaging, which forms an integral part of the goods. The products must be returned in their original packaging complete with all its parts, the packaging must be intact, undamaged or wet or otherwise altered, including tax documents; Products must be returned in one shipment. The Seller reserves the right to not to accept products from the same order, returned and shipped at different times;
4) If all the required conditions are respected, and after the Seller has received the returned goods and checked that all the requirements have been met, an email confirming acceptance of the returned goods will be sent. The refund will be made in the shortest time possible, and in any case within thirty days from the date on which the Seller becomes aware of the exercise of the right of withdrawal, once it has been verified that the withdrawal has taken place in compliance with the above conditions. It is not possible to change the model of the product on which the right of withdrawal is claimed with another. If the methods and terms for exercising the right of withdrawal are not respected, as specified in this paragraph, the right to reimbursement of the sums already paid cannot be claimed; however, it is possible to reacquire, at the expense of the customer, the products in the state in which they were returned to the Seller. The refund of the sums, in case of exercise of the right of withdrawal, will be made by the Seller, in favor of who made the payment.
The costs incurred for the return of the products, none excluded, are fully charged to the customer.
5) We do not accept returns of goods by cash on delivery.
6) After checking that all the conditions mentioned above have been respected, that the condition of the product (s) and packaging (s) comply with what has been agreed, after deducting the costs incurred for returning the goods, the Seller will carry out the credit of the products at the price indicated on the invoice, within 30 days of receipt of the goods.
Based on art. 5 paragraph 3 of the aforementioned Legislative Decree the right of withdrawal cannot be exercised in the case of supply of tailor-made or clearly personalized goods.
Please note: this right is reserved only to natural persons (consumers), therefore it cannot be exercised by legal persons and natural persons who act for purposes related to the business or professional activity that may be carried out and who purchase with a VAT identification number.
12 – INFORMATION FOR THE PROCESSING OF PERSONAL DATA
Pursuant to and for the purposes of art. 13 of Legislative Decree no. 196/2003 the following is disclosed:
a) personal data voluntarily provided at the time of completing the registration or order form, will be processed, including through the use of computerized and telematic procedures on databases, for management, statistical, commercial, promotional, advertising purposes, relating to products and services of DE.MA Comfort by Mainiero Giovanni.
b) the acquisition of personal data is optional; however, any refusal to respond or to express consent may make it impossible for Mainiero Giovanni’s DE.MA Comfort to follow up on user requests.
c) the personal data provided may be communicated and pubblicized for all the purposes indicated above in letter a) of this statement.
d) the personal data provided may be processed, for the purposes referred to in point a) of this information, also through the following methods: fax, telephone, even without operator assistance, e-mail, and other IT systems and / or automated communication.
e) in relation to the aforementioned processing, the person to whom the personal data refers has the right at any time to obtain confirmation of the existence or otherwise of the same data and to know its content and origin, verify its accuracy or request its integration or updating, or correction pursuant to art. 7 of Legislative Decree no. 196/2003. Pursuant to the same article, the interested party has the right to request the cancellation, transformation into anonymous form or blocking of data concerning him, even if pertinent to the purpose of the collection or for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
f) the holder of the treatment of personal data is “DE.MA Comfort di Mainiero Giovanni, via Largario 2 – 82022 Castelfranco in Miscano (BN)”.
g) the personal data provided will be kept at the offices of the “DE.MA Comfort of Mainiero Giovanni, via Largario 2 – 82022 Castelfranco in Miscano (BN)”.
h) the personal data provided may be transferred abroad, within the European Union, in accordance with and within the limits set out in art. 42 of Legislative Decree no. 196/2003. Personal data may be transferred abroad to non-EU countries within the limits and within the limits set by art. 44 lett. B) of Legislative Decree no. 196/2003. In the box it is specified that DE.MA Comfort can only operate with subjects that have adhered to the “Safe Harbor Principles on Confidentiality” (safe harbor agreement).
i) for any request for information and / or clarifications please contact “DE.MA Comfort di Mainiero Giovanni, via Largario 2 – 82022 Castelfranco in Miscano (BN)”.
13 – APPLICABLE LAW
Although not expressly agreed, the rules provided for by the Italian law and the rules provided by the Civil Code and by Legislative Decree n. 205/06 (so-called Consumer Code) will be applied.