Terms and conditions
- These general conditions of sale and use of the site identified below (hereinafter, for brevity, the "General Conditions") apply to and regulate all online sales of products (hereinafter for brevity the "Products" or the "Product ”) by IDT S.p.A., with registered office in Italy, Turin, Via Quittengo 35, VAT no. IT10010450012, (hereinafter, for brevity, "IDT"), through its IT platform accessible via the ducadimorrone.com domain and any future mobile applications (considered together or separately, hereinafter, for brevity, the "Site").
- The General Conditions may be subject to changes and the date of publication of the same on the Site is equivalent to the date of entry into force.
- The General Conditions govern purchases made on the Site, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree. n. 206/2005, modified by Legislative Decree. n. 21/2014 and by Legislative Decree. 70/2003 regarding electronic commerce and distance selling.
- The use of the Site and the transmission of the purchase order is permitted exclusively to subjects who:
B) have read and accepted, by flagging the appropriate box on the Site, the General Conditions;
C) have the status of consumers pursuant to the Consumer Code, meaning as such natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out;
D) are adults;
E) have residence or domicile and request delivery of the Products in Italian territory, therefore excluding Campione d'Italia, Livigno, San Marino and Vatican City.
1. Scope of application
1.1 The General Conditions regulate all distance sales carried out by IDT in favor of the User of the Products indicated and offered for sale on the Site. The individual sales contract is concluded exclusively in electronic form, through the User's access to the Site, the acceptance by the latter, by affixing the flag (hereinafter, for brevity, "point and click"), of the contractual conditions of IDT and the creation of a purchase order according to the procedure provided by the Site accepted by IDT . The User, before concluding a sales contract, is aware and unconditionally accepts that his contractual declarations, the acceptance of the General Conditions as well as the conclusion of the contract take place validly electronically also via point and click and/or for conclusive facts (such as, by way of example, the payment and collection of the Products by the User).
1.3. The User has the possibility, and it is advisable to do so, to download and archive the General Conditions by accessing the specific "General Conditions" section of the Site and also via the link indicated in the IDT order confirmation.
1.4 The applicable General Conditions are those in force on the date of sending the order referred to in the following article.
2. Pre-contractual information and conclusion of the contract
2.1 The User, before concluding the purchase contract, examines the characteristics of the Products which are illustrated in the individual product sheets at the time of choice by the User. IDT undertakes to describe and present the items sold on the Site in the best possible way. Nonetheless, some errors, inaccuracies or small differences between the site and the actual product may appear. Furthermore, the photographs of the Products presented on the Site do not constitute a contractual element, as they are only representative.
2.2 By transmitting the purchase order, the User declares to have received via the Site, before the conclusion of the purchase contract and before validation of the order with "payment obligation", the following information relating to: - l IDT identity and contacts; – total price of the Products including taxes, with, if applicable, details of shipping costs and any other costs; – the payment obligation and payment methods; – the deadline within which IDT undertakes to deliver the goods; – conditions, terms and procedures for exercising the right of withdrawal (art. 7 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014; – information that the User will have to bear the cost of returning the goods in the event of withdrawal; – existence of the legal guarantee of conformity for the goods purchased; – if applicable, after-sales assistance conditions and commercial guarantees provided by IDT.
2.3 The User can at any time and in any case before the conclusion of the contract, take note of the information relating to the identity of IDT, information which is also reported below: IDT S.p.A. Registered office: Via Quittengo 35 10154 – Turin Italy P.I. IT10010450012 E-mail: email@example.com
2.4 In compliance with the Electronic Commerce Regulations, IDT informs the User that:
- before proceeding with the transmission of the order form, the User will be able to identify and correct any data entry errors by following the instructions indicated from time to time on the Site and which will accompany the different phases of the purchase;
- the purchase order will be archived in the IDT database for the time necessary to process the order and, in any case, within the terms of the law. To access your order form, the User can consult the "My profile - My Orders" section of the Site, where he will find the list of all orders placed.
3. Terms and conditions of sale
3.1 The offers published on the Site are available for a limited time and with a limited quantity of Products. The validity date of the offers is indicated on the Site.
3.2 All prices indicated on the Site are expressed in Euros (€) and include VAT. Likewise, delivery costs (to the address) are explicitly indicated there and include VAT. This amount will be highlighted separately on the order form prior to sending and on the order confirmation email.
3.3 The price of the Products may be changed without notice, it being understood that the price charged to the User will be that published on the product sheet at the time the order is sent.
3.4 The Products may be sold at discounted prices. The discount percentage indicated in the product sheet is calculated with respect to the list price commonly applied to the public as indicated by the manufacturer or as resulting from market surveys. In any case, the reference price above is only an indication of the value of the product and in some commercial establishments the actual price of the same may be different.
3.5 The Products will remain the property of IDT until the purchase price and expenses have been paid by the User.
3.6 IDT will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional costs, as indicated in the order form.
3.7 IDT reserves the right to refuse orders from Users who do not provide sufficient guarantees of solvency or with whom disputes are pending.
4.1 The Products offered on the Site are limited in number and may run out before the relevant offer expires. It may therefore happen that the Product ordered is no longer available even after the order confirmation email sent by IDT has been sent. In the event of unavailability of the Product ordered, the User will be promptly informed by e-mail and the purchase order will be cancelled. IDT undertakes, at the User's choice, to replace the Product ordered with a new supply or to refund the sum paid by the User within 14 (fourteen) days of the order. The refund amount will be communicated by email and credited via the same payment method used by the User, unless otherwise agreed between the parties.
4.2 IDT declines all responsibility for any delays in crediting the refund that depend on the management system of the payment method used by the User, by IDT's banking institution itself or by the User's banking institution.
5.1 Deliveries are made in Italy (explicitly excluding the territories of Campione d'Italia, Livigno, San Marino and Vatican City), Germany, Austria, Poland, Holland, Hungary, Croatia, Lithuania, Slovenia, Belgium, the Czech Republic, Estonia, Slovakia, Ireland, Denmark, Latvia, Finland, Sweden and Luxembourg. Shipments are delivered to the postal address indicated by the User in the purchase order. It is understood that the shipping address is considered to be the address indicated by the User in the purchase order and that this cannot be modified in any way after completion of the purchase process. The User is solely responsible for the address provided for shipping. In order to avoid fraud, the carrier responsible for delivery reserves the right to check the identity of the User by checking an identity document, which demonstrates the coincidence of the order and payment data. For the same purpose, the User must provide a telephone number - preferably mobile - which can possibly be used during the transaction or shipment, as well as the name on the intercom or bell at the delivery address.
5.2 Delivery times are those indicated during the purchase process. In case of failure to indicate a specific delivery term, it will take place no later than 30 (thirty) days from confirmation of the order by IDT.
5.3 Upon delivery of the Products to the designated carrier, the User will be sent an email confirming shipment containing, where possible, the tracking code with which to check the status of the shipment on the carrier's website. Deliveries will be made from Monday to Friday, during normal office hours, excluding holidays.
5.4 Delivery is considered completed when the Product is made available to the User at the address specified in the purchase order. There is no delivery to the floor.
5.5 In the event of delivery impediments due to force majeure, IDT cannot be held responsible in any way.
5.6 In the event that the Product is not delivered or is delivered late, the User may lodge a complaint with IDT by e-mail to the e-mail address: firstname.lastname@example.org, indicating the order number and date as reported in the order confirmation email in addition to the data relating to the invoice where this has been issued. IDT will examine the complaint and communicate the outcome to the User as quickly as possible and in any case within 30 (thirty) days from the date on which the complaint was submitted. Where it appears that the failure to deliver or the delay in delivery is attributable to IDT and is not due to the impossibility of delivering previously regulated, unforeseeable circumstances or force majeure:
- in the event of non-delivery, IDT will refund the sums paid by the User, as quickly as possible and in any case within 30 (thirty) days from the date of submission of the complaint. The refund amount will be communicated by email and credited via the same payment method used by the User, unless otherwise agreed between the parties, or via voucher. It is also understood that IDT declines all responsibility for any delays in crediting the refund that depend on the management system of the payment method used by the User, on IDT's banking institution itself or on the User's banking institution. The User's ability to subscribe to ongoing commercial offers remains unaffected;
- in case of delivery with a delay of more than 30 (thirty) days with respect to the specific delivery term indicated on the Site or, when this is not present, with respect to the maximum term of 30 (thirty) days starting from the one following the sending of the order, if the User still wishes to retain the purchased Products, IDT will refund any sums paid by the User for shipping costs, as quickly as possible and in any case within 30 (thirty) days from the date of presentation of the complaint. If, however, the User does not wish to retain the Products, the previous paragraph will apply.
6.1 The User who has purchased Products through the Site has the right to withdraw from the contract concluded with IDT, without any penalty and without specifying the reason, within 14 (fourteen) days from the date of receipt by the User or a third party - different from the carrier and specifically designated by the User during the Product purchase process - meaning the delivery date of the last product, in the event that the products being supplied are delivered as part of more than one delivery. To exercise the right of withdrawal, the User is required to inform IDT of his decision to withdraw from the contract concluded with it via the form on the "Contacts" page accessible from the home page of the site.
In this form, the User must in any case indicate the order number as reported in the order confirmation email and the order date.
The User must return to IDT by direct delivery or shipping, without undue delay and in any case within 14 (fourteen) days from the date of communication of the withdrawal, the purchased Products, accompanied by any accessories.
The products must be shipped according to the directive sent by email to the highlighted address and with the order identification number specified. If the return is sent to a different address or the return identifier is missing, IDT will no longer be able to guarantee management within the times specified above. The deadline is respected if the User sends back the Product before the expiry of the period of 14 (fourteen) days from the date of communication of the withdrawal.
For any information, contact IDT by email at the email address: email@example.com
6.2 Costituisce condizione necessaria per l’esercizio del diritto di recesso la sostanziale integrità dei Prodotti da restituire. I Prodotti non dovranno essere stati danneggiati e\o alterati. L’Utente è responsabile della diminuzione del valore dei beni risultante da una manipolazione dei Prodotti diversa da quella necessaria per stabilire la natura, le caratteristiche e il funzionamento dello stesso. A tal fine, è obbligatorio restituire i Prodotti opportunamente imballati nella loro confezione originale non danneggiata e\o alterata.
6.3 To exercise the right of withdrawal it is not required that the goods to be returned are insured against theft and accidental damage during transport. However, since the risk inherent in returning the goods lies with the buyer, IDT invites the buyer who intends to exercise the right of withdrawal to insure, at his own expense, the shipment for the value indicated in the order confirmation email of purchase.
6.4 Without prejudice to the fulfillment of points 6.1, 6.2, 6.3 above, IDT will proceed with the reimbursement of the sums paid by the User regarding the purchase of the returned product without undue delay and in the shortest time possible and, in any case, within 14 (fourteen) days from the date on which IDT became aware of the exercise of the right of withdrawal by the User; the refund may be suspended until the Product is received or until the User demonstrates that he has sent the Product back, whichever is earlier. The refund amount will be communicated by email and credited via the same payment method used by the User or via voucher, at the User's discretion. If the User has paid on delivery by cash on delivery, he or she is required to communicate the IBAN number, name and surname of the owner via the form referred to in point 6.1 to allow reimbursement of the amount of the returned product. The costs incurred by the User for shipping the purchased product are not subject to reimbursement. IDT declines all responsibility for any delays in crediting the refund that depend on the management system of the payment method used by the User, on IDT's banking institution itself or on the User's banking institution. The User's ability to participate in current commercial offers remains unaffected. In the event of incorrect communication of the data for the transfer and consequently the cancellation of the transfer itself, IDT will check the data and re-credit the sum due net of the administrative costs incurred for this operation (€11.00).
6.5 The right of withdrawal is excluded in the event that the sale concerns products made to measure or personalized or which by their nature cannot be returned or risk deteriorating or altering rapidly.
6.6 Product Exchange Policy. IDT does not allow the exchange of a product purchased by the User on the ducadimorrone.com website with another product presented on the website. If the User wishes to make an exchange of product, he must exercise his right of renunciation thereof as established in clause 6.1 and purchase the product he wants at a later time.
7. Payment7.1 Payment for the Products purchased on the Site is made by credit card, PayPal, Afterpay and cash on delivery. IDT accepts Visa, Mastercard and American Express credit cards.
7.2 For greater security, only payment service providers have access to payment data, while IDT has no possibility of knowing or storing such data. Specifically, with regards to credit card transactions, card data is not stored on IDT's computer systems. The management of sensitive data is handled by the entities that deal with payment services and IDT has no possibility of knowing or saving the data.
7.3 At the time the order is sent, no charge will be made to the credit card used by the User for payment. The charge will be made only after the conclusion of the contract and after (a) the details of the credit card used by the User for payment have been verified and (b) the company issuing the credit card used by the User has issued the debit authorization.
7.4 IDT's sales operations are not subject to the obligation to issue an invoice, nor to the obligation of certification by issuing a receipt or tax receipt. The User will receive an order confirmation email summarizing the same. If the User requests the issuance of an invoice, he or she is required to indicate this and communicate the header data where requested during the purchase process. The summary - or, where requested during the purchase process, the invoice - of each purchase will be available in the "Your account _ Your orders" section. It is understood that the request to issue an invoice during the purchase process of a specific Product does not lead to the automatic issuing of the invoice for subsequent purchases.
7.5 In the event of missed payments, IDT will charge the costs relating to the management of the outstanding amount to the User and will refuse the relevant purchase order, communicating this by e-mail.
8. Guarantees and non-conformity of products8.1 The description of the Products offered on the Site has been drawn up by IDT to offer the User the greatest amount of information possible to evaluate the Product on the basis of what the suppliers, under their own responsibility, have communicated to IDT. The images and colors of the Products published on the Site may differ from the real ones due to the local settings of the systems and/or tools used to view them. IDT is not responsible for the mismatch between the Product ordered and the description of the Product on the Site, in the event that the mismatch derives from errors in the description attributable to the supplier and of which IDT was not and could not have been aware of with the supplier. use of normal diligence.
8.2 All Products sold on the Site are covered by the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code (hereinafter, for brevity, the "Legal Guarantee"). The Legal Guarantee applies to all purchases made on the Site. In detail:
- in the event that the User believes that one or more Products are defective, within 2 (two) months of discovering the defect he must contact Customer Service by e-mail to the e-mail address: firstname.lastname@example.org and send by registered mail with return receipt a communication to the registered office of IDT at the following address: IDT S.p.A., Italy, Turin, Via Quittengo 35, reporting in detail the problem encountered. In this case, the User must, at his own expense, return the resealed Product and its accessories to IDT within 5 (five) days of his notification. If IDT ascertains the existence of the reported defect attributable to it, it will proceed within a reasonable period of time from receipt of the User's complaint to replace or repair the defective Product or, if accepted by the User, to issue in favor of the latter a discount voucher equal to 100% of the value of the Product and the costs incurred by the User for its return, to be used for the purchase of another Product available on the Site.
In case of coverage of the guarantee referred to in points a), b) and c), the reimbursement by IDT will also include any return costs incurred by the User.8.3 Products altered in any way by the User are excluded from the Legal Guarantee. Any defects caused by accidental events or the User's responsibility are also excluded from the scope of application of the Legal Guarantee.
8.4 The conventional guarantees relating to the Products sold are those provided directly by the manufacturer.
9. Obligations and responsibilities of IDT9.1 IDT undertakes to correct all errors in the description of the Products offered on the Site, as quickly as possible, starting from their reporting. Reporting of such errors can be made by contacting IDT Customer Service at the addresses indicated in the introduction.
9.2 IDT is not responsible in case of damage, of any nature, deriving from the use of the Product in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damage deriving from unforeseeable circumstances or force majeure.
9.3 IDT will not be liable in the event of loss of earnings, loss of revenue, profits, data or for any other indirect and consequential damage of any nature deriving from or in any case connected to the contracts subject to the General Conditions.
9.4 IDT's liability, in any case, cannot exceed the total value of the purchase order.
9.5 Under no circumstances can IDT be held responsible for failure to fulfill any of the obligations deriving from the contracts subject to the General Conditions in the event that the failure is caused by fortuitous circumstances and/or force majeure, including, by way of example only, natural disasters, terrorist acts, network malfunctions and/or blackouts.
10. Suspension of service10.1 IDT reserves the right to temporarily suspend, without any prior communication, the operation of the Site for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the services offered.
10.2 IDT may, at any time, interrupt the service if there are justified reasons (security or confidentiality violations or anything else), in this case notifying the User.
11. Modification of the methods of sale and/or cessation of sale on the Site11.1 IDT reserves the right to change the methods of sale of the Products on the Site and/or to cease the sale of the Products on the Site.
11.2 IDT cannot in any way be held responsible towards the User or third parties for such modifications and/or if the sale of the Products on the Site ceases.
12. Site contents and intellectual property rights12.1 The intellectual and/or industrial property rights on the contents of the Site, such as, by way of example, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, including menus, web pages, graphics, colours, schemes, tools, fonts and the design of the Site itself, diagrams, layout, methods, processes, functions and software are the exclusive property of IDT and other respective owners. The reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images and contents of the Site is prohibited unless previously authorized in writing by IDT. Any use of the contents of the Site for commercial and/or advertising purposes is also prohibited.
12.2 All other distinctive signs that distinguish the Products sold on the Site are registered trademarks of their respective owners and are used by IDT under license, for the sole purpose of distinguishing, describing and advertising the Products for sale on the Site. Any use of the distinctive signs mentioned above does not comply with the law and unauthorized is prohibited. It is in no way permitted to use any distinctive sign present on the Site to take undue advantage of their distinctive character or reputation or in such a way as to cause harm to them and their owners.
12.3 Under no circumstances may the User alter, change, modify or adapt the Site, nor the material made available by IDT.
13. Discount coupons13.1 IDT offers the possibility, at its sole discretion, to receive discount vouchers. The discount vouchers can be distributed by IDT to its customers, actual or potential, for promotional or commercial purposes, in electronic or paper form, directly or through third-party partners; by way of example and not exhaustively, discount vouchers may be granted at the time of registration, or following the registration and first purchase of a new User invited by an existing User. Discount vouchers entitle the beneficiary to access the discount associated with them, with the limits described for each individual discount voucher.
13.2 The validity and value of the discount voucher are specified at the time the voucher is issued. In the case of discount vouchers offered by IDT in correspondence with a specific offer, these vouchers cannot be used for other offers. In any case, discount vouchers must be used within the expiry date specified at the time of issue.
13.3 Discount vouchers are not transferable or assignable. Discount vouchers are not convertible into cash nor do they accrue interest.
13.4 Discount vouchers cannot be used to pay shipping costs.
13.5 IDT reserves the right not to accept discount vouchers for orders of amounts lower than a minimum amount specified at the time the discount voucher is issued.
13.6 In the event that the amount of the discount voucher exceeds the purchase amount, IDT will not refund or re-credit the remaining amount to the User.
13.7 In the event that the User's order exceeds the value of the discount voucher, the difference in amount can be paid by the User using the normal means of payment referred to in the previous article 8.
13.8 IDT reserves the right to accept only one discount voucher per order.
13.9 In case of returns following exercise of the right of withdrawal referred to in art. 7, discount vouchers will not be refundable.
14. Processing of personal data
15.1. IDT is the exclusive owner of the Site and all its contents, both as a whole and in parts, including, by way of example but not limited to, documentation, images, photographs, drawings, logos, characters, pictures, music and sounds, software, methods, processes, codes, written content, web pages, including menus and buttons. The material included in the Website is protected by the laws on copyright, industrial property rights, databases as well as by the rules on unfair competition.15.2. IDT is also the official licensee of the logo and registered trademark.
15.3 The reproduction, modification, transmission, republication, redistribution to third parties for any purpose and in any form, without the prior express written consent of IDT, of the Site and its contents, both as a whole and in parts, is expressly prohibited. .
15.5 By accessing the Site, end customers expressly accept that the laws and regulations of the Italian State apply to all matters relating to the use of the Site itself. IDT does not guarantee that the content of this Site complies with the legislation of other countries. End customers who choose to access the Site from foreign countries will therefore have the burden of verifying that the contents of the Site are legal in their country and will be solely responsible for compliance with local laws.
15.6 IDT has adopted, according to the state of the art and technology, all necessary and reasonable precautions in order to guarantee the accuracy of the information published on the Site. In any case, IDT declines all responsibility for any typographical errors and/or defects technical, inaccuracies or inaccuracies possibly contained in the Website and in relation to which any correction is expected, following notification.
15.7 IDT reserves the right to modify the Website at any time and without notice and declines all responsibility for interruptions or malfunctions of the Website due to technical causes or connected to problems with the end customer's browser (including, by way of example and (but not limited to, the deactivation of so-called cookies, the blocking of pop-ups, the non-enabling of java script software or similar).
15.8 IDT informs end customers that it has adopted all the necessary security measures, according to the state of the art and technology, to ensure the integrity of data relating to traffic and electronic communications and in such a way as to minimize risks.
a) destruction or loss, even accidental, of data,
b) unauthorized access or
c) processing that is not permitted or does not comply with the collection purposes referred to in the regulations on the protection of personal data.
15.9 The security of communications sent via the internet (including via email) is subject to numerous factors outside of IDT's control. IDT cannot therefore guarantee the security or confidentiality of any electronic communication and cannot be held responsible towards the end customer for any loss or damage that the end customer may suffer as a consequence of the transmission of such communications.
15.10 By accessing the Site, the end customer undertakes to verify that their computer is equipped with devices suitable for the purposes referred to in paragraph 4, and in particular with periodically updated antivirus systems. The end customer also undertakes to verify that their system is equipped with suitable and periodically updated measures, according to the best technical knowledge, for the security of data transmission over the network.
16. Final clauses
The premises form to all intents and purposes an integral part of the General Conditions. Failure to exercise a remedy in the event of a default by the other party to this contract or a right does not constitute a waiver of exercising such remedy or right in the future. Any changes or additions must be made in writing, under penalty of nullity.
17. Applicable law
The General Conditions and the purchase and sale contracts of the Products pursuant to them are governed by Italian law.