SALES AGREEMENT

SALES AGREEMENT

 

The offer and sale of products on our website www.dialettodesign.com are governed by the following General Terms of Sale.

Products purchased on www.dialettodesign.com are sold directly by Talea S.r.l., with registered office in Italy, Via di Civita 2, loc. Monticchio, 67100, L’Aquila, number of registration with the Companies Register, Tax Code and VAT no. 01921250666, share capital Euro 10,000.

For information you can contact Talea S.r.l. through our support services, by visiting our Contact page.

Should you require any further information, please visit our Customer Support page, where you can find information regarding orders and shipments, refunds and return of products purchased on dialettodesign.com.
For any other legal information, visit the following pages: General Terms, Terms of Sale, Privacy and Right of Withdrawal.

1. Our commercial policy

1.1
The Seller offers products for sale on dialettodesign.com and carries out its e-commerce activities exclusively vis à vis end users who are “consumers”.

1.2
“Consumer” means any natural person who acts on dialettodesign.com for purposes which are not linked to any of his/her commercial, business or professional activities. If you are not a “consumer”, kindly refrain from executing commercial transactions through dialettodesign.com.

1.3
In light of its commercial policy, the Seller reserves the right not to process orders from entities other than “consumers” or, in any case, orders which do not comply with its commercial policy.
1.4
These General Terms of Sale regulate exclusively the offer, placing and acceptance of orders for the purchase of products on dialettodesign.com between the users of dialettodesign.com and the Seller.

1.5
The General Terms of Sale do not regulate the supply of services or the sale of products on part of entities other than the Seller which are available on dialettodesign.com through links, banners or other hyperlinks. Before placing an order and purchasing products and services from individuals other than the Seller, we suggest you check their terms of sale, since the Seller is not responsible for the supply of services on part of third parties other than the Seller or for the execution of e-commerce transactions between the users of dialettodesign.com and third parties.

  1. How to enter into an agreement with dialettodesign.com

    2.1
    To enter into an agreement for the purchase of one or more products on dialettodesign.com, you need to fill in the online order form and send it to the Seller by following the relevant instructions.

2.2
Before purchasing a product by sending the order form, or upon creating an account, you will be asked to agree to the General Terms of Sale and to the information notice on the right of withdrawal, to print a copy through the print command and store or make a copy for your personal use. Furthermore, we will provide you with a summary of our commercial and contractual terms for the purchase of products, which makes reference to the General Terms of Sale and contains a summary of the basic features of each product you order and the relevant price (inclusive of all applicable taxes and duties), of your payment methods, delivery options, our complaints policy, shipping and delivery costs; as well as of the contact information and geographical address and e-mail address of the Seller and the date within which the Seller undertakes to deliver the items. Furthermore, the Seller shall provide you with a summary of the terms and procedures for the exercise of your right of withdrawal, as provided for by articles 52 et seq. of Legislative Decree no. 206 dated 6 September 2005 (the “Consumer Code”). If applicable to the relevant purchase, you shall be informed that, in case of withdrawal, you must bear the costs for the return of the products.
2.3

The order form, which you can view just before entering into the purchase agreement, shall contain a summary of the essential features of each product you ordered, the price (inclusive of all applicable taxes and duties), and the shipping costs (including any additional costs to be borne in case you have opted for a shipping and delivery method different from and/or faster than the standard one). The agreement can be deemed as having been executed once the Seller receives your order form online, subject to the prior verification of the accuracy of the information contained in your order.
2.4
The order form will be stored in our database for the time necessary to process the orders and, in any case, for the amount of time provided by the law. You can access your order form through the Orders section by accessing your Account.

2.5
Upon sending us the order form, you will be warned that this implies the obligation to pay the relevant price. Before sending us the order form, you can identify and amend any incorrect data.

2.6
The agreement entered into with the Seller shall be in Italian.

2.7
Once the agreement has been entered into, dialettodesign.com shall process your purchase order.

2.8
The Seller may decide not to process purchase orders in case of insufficient funds or in case such orders are incomplete or inaccurate, or in case products are not available.

 

In the above cases, we shall inform you by e-mail that the agreement has not been executed, that the Seller has not processed your purchase, by specifying the relevant reasons.

 

If the products shown on dialettodesign.com are no longer available or for sale since your last visit to the website or since the transmission of the order form, the Seller shall inform you promptly, and in any case within thirty (30) days from the day following the transmission of the order form to the Seller, of the unavailability of the products you ordered. If the order form has been sent and the price has been paid, the Seller shall reimburse, without delays, the sums paid and the agreement shall be deemed to be terminated among the parties.
2.9
By sending the order form online, you unconditionally accept and undertake to comply with these General Terms of Sale, in your relations with the Seller. If you do not agree with some of the terms contained in the General Terms of Sale, we invite you not to send out the order form for the purchase of products on dialettodesign.com.

2.10
By sending the order form online, you confirm that you are aware and accept the General Terms of Sale, and additional information contained on dialettodesign.com, also any information that can be accessed through links, including the information notice on the Right of Withdrawal.

2.11
Once the agreement has been entered into, the Seller shall send you by e-mail the receipt of the purchase order, which shall contain the General Terms of Sale and thus all the information previously contained in the summary of the commercial and contractual terms displayed before placing the order.
2.12
Please be reminded that the product your purchase is destined exclusively to the country in which you place your order; therefore, if you decide to introduce the product in a different country, you shall be responsible for such introduction and you shall be required to comply with applicable provisions and restrictions both for the export from the country in which you purchased the item and for the import into another country. dialettodesign.com declines, as of now, any liability in this regard.

  1. Warranties and indication of the price of products

    3.1
    dialettodesign.com offers the sale of high level and best quality artisan products only. Such products are purchased directly by the Seller from manufacturers and retailers carefully selected for their strict quality controls.

    3.2
    The Seller does not sell products that are second-hand, faulty or of a lower quality than market standards.

 

3.3
The essential features of the products are presented on dialettodesign.com on each product page. However, the images and colors of the products for sale on dialettodesign.com may differ from the real ones as a result of the internet browser and of the monitor used or of the artisan component which may make each item unique.
3.4
The prices of the products may be updated. Please check the final sale price before sending out the relevant order form.
3.5
Purchase requests from Countries that are not listed cannot be accepted by the Seller.
3.6

All products are equipped with a single use seal. Please do not remove the label and the relevant seal from purchased products, as they form an integral part of the same.
3.7
Pursuant to art. 57, para. 2, of the Consumer Code, you will be responsible for the decrease in the value of products purchased on dialettodesign.com caused by the handling of products other than in a manner necessary to ascertain their nature, features and functioning. Therefore, should you decide to exercise your right of withdrawal, the Seller has the right not to accept the return or to refuse to refund the price in full in relation to products lacking the seal or whose essential features and quality have been altered, or which have been damaged, as better set forth under paragraph 8.

  1. Payments

    4.1
    For the payment of the price of the products and the relevant shipping and delivery costs, you can choose among the options set forth in the order form. In no event will you be asked to bear costs exceeding those actually borne by the Seller, in relation to the payment method you choose.

4.2
In case of payment by means of credit card, the financial data (e.g., credit/debit card number or its expiry date) shall be forwarded, by means of an encrypted protocol, to PayPal or other banks, which provide the relevant remote electronic payment services, without the possibility for third parties to access them in any way. Furthermore, such information shall never be used by the Seller except for the purposes of completing the procedures necessary for your purchase and to issue the relevant refund in case a product is returned, should you decide to exercise your right of withdrawal, or if it is necessary to prevent or report frauds on dialettodesign.com to the Police. As stated in the order form, the price for the purchase of products and the shipping and delivery costs shall be debited to your current account when the products are shipped.

 

  1. Shipping and delivery of products

    5.1
    For information about our specific shipping and delivery methods, visit our Shipping section. Please read such section carefully, since the information contained therein forms an integral and substantial part of these General Terms of Sale. As a result, you will be deemed as having read and accepted such information in full when you send the order form.

    6. Customer support

    6.1
    You can request any information through our support services, by contacting our Customer Support page. For further information, visit our Customer Support page.

  2. Right of withdrawal pursuant to articles 52 et seq. of the Consumer Code

    7.1
    Pursuant to art. 52 of the Consumer Code, you have the right to withdraw from the agreement with the Seller, without any penalty and without specifying the reason, within fourteen (14) days from receiving the products purchased on dialettodesign.com. Under specific circumstances, duly pointed out in the Right of Withdrawal section, it shall be possible to exchange the purchased item.

    7.2
    To withdraw from the agreement, you can choose one of the following options, in accordance with art. 54 of the Consumer Code: i) use our Returns service; ii) send the Seller any other express statement of your decision to withdraw from the agreement.

Should you decide to use our Returns service directly online through the website dialettodesign.com, the Seller shall send you an e-mail confirming the receipt of your withdrawal request.

Should you decide to send us a statement of withdrawal, you will be responsible for proving the proper and prompt exercise of the right of withdrawal.
7.3

Once you have exercised the right of withdrawal from the agreement, you shall have to return the products to the Seller by handing them over to the courier for shipping within fourteen (14) days from the communication to the Seller of your decision to withdraw from the agreement.

7.4
The only expenses you shall be required to bear are those for the return of purchased products, unless the Seller expressly exempted you from such payment upon purchasing the product and provided you use the courier indicated by the Seller in the Returns form.
7.5
If you decide to use the courier indicated by the Seller in the Returns form, you will not be required to pay the expenses to be borne by you directly. The payment of the return expenses shall be made, on your behalf, directly by the Seller, which shall therefore release you from any obligation to pay the courier. As a matter of fact, for the payment of the return, the Seller shall withhold from the refund a forfeit amount equal to the standard shipping costs for the purchased products. Furthermore, upon the redelivery of the purchased products to the courier indicted by the Seller in the Returns form, the Seller shall exempt you from any liability in case of loss of or damage to the products during transportation.
7.6
Should you decide to use a shipping option other than the one indicated by the Seller in the Returns form, you will be required to pay the expenses to be borne by you for the return of the purchased products directly. In this case, pursuant to art. 56 of the Consumer Code, you will receive a refund of an amount equal to the standard shipping costs for the purchased products, while any additional costs borne by you as a result of having opted for a different and/or faster shipping method shall not be reimbursed. In this case, you may be liable in case of loss of or damage to the products during transportation caused by your negligent choice of a courier and/or of the shipping method.
7.7
The Right of Withdrawal – apart from compliance with the terms and procedures set forth in article 52 et seq. of the Consumer Code, described under points 7.1, 7.2, 7.3 and 7.4 above – shall be deemed as having been duly exercised provided that also the following conditions are met in full:

  1. The Returns Form sent directly online through the Returns page on the website dialettodesign.com or any other express statement of your decision to withdraw from the agreement must be duly filled in and sent to the Seller within fourteen (14) days from receiving the products;
  2. The products must be unused, unworn and unwashed;
  3. The seal must be attached to the products or their packaging, which forms an integral part of the items;
  4. The products must be returned in their original packaging;
  5. Returned products must be delivered to the courier within fourteen (14) days from the communication to the Seller of your decision to withdraw from the agreement;
  6. Products must be undamaged.

7.8
If the Right of Withdrawal is exercised in accordance with the procedures and terms set forth in this paragraph [7], the Seller shall refund any sums previously cashed in for the purchase of the products in accordance with the relevant procedures and terms.

7.9
You shall be refunded the sums as soon as possible and, in any case, within fourteen (14) days from the date on which the Seller became aware of the exercise of your right of withdrawal, we shall start the refund process, after verifying the proper performance of the terms and conditions set forth above, as set forth in paragraph 9.

7.10
If the procedures and terms for the exercise of your right of withdrawal set forth under letters a), e) and f) of paragraph 7 above are not met, you shall not be entitled to the refund of the sums previously paid to the Seller. Within 14 days from the transmission of the e-mail informing you that the return has not been accepted, you may choose to receive, at your own expense, the products in the condition you returned them to the Seller, by informing the Seller, in accordance with the procedure notified to you. Otherwise, the Seller can keep the products, as well as the sums previously paid for their purchase.

If the conditions under letters b), c) and d) under paragraph 7.7 are not met, you shall not be entitled to the full refund of the sums previously paid to the Seller. As a matter of fact, you shall be responsible for any decrease in the value of the returned products caused by the handling of products other than in a manner necessary to ascertain their nature, features and functioning. In this case, between 10 and 90 per cent of the sums paid by you to the Seller for the purchase of returned products shall be deducted from the refund, as specifically communicated by e-mail by the Seller.

Within 14 days from transmission of the e-mail informing you of the amount deducted from the refund, you may choose to receive, at your own expense, the products in the condition you returned them to the Seller, by informing the Seller, in accordance with the procedure notified to you. Otherwise, the Seller can keep the products, as well as an amount equal to the percentage deducted from the refund.

  1. Refunds processing time and procedures

    8.1
    After returning the products, the Seller shall check their compliance with the terms and conditions set forth in paragraph 7. If such inspections lead to a positive conclusion, the Seller shall send you by e-mail the relevant confirmation of acceptance of the returned products and process the refund. If the inspections do not lead to a positive conclusion, the Seller shall inform you by e-mail of the decrease in the value of the returned products, deriving from your failure to comply with the conditions under letters b) c) and d) of paragraph [7.7] above. At the same time, the Seller shall also inform you of the amount that shall be deducted from the sums paid by you for the purchase of the returned products, as well as process the partial refund; without prejudice, in the alternative, to the possibility to receive, at your own expense, the products in the condition you returned them to the Seller, in accordance with the provisions under paragraph 7.10.

    8.2
    Whatever payment method you used, the refund, whether it is full or partial, shall be processed by the seller in pursuance of art. 56, para. 1 of the Consumer Code, as soon as possible and, in any case, within fourteen (14) days from the date on which the Seller became aware of the exercise of your right of withdrawal, after verifying the proper exercise of your right of withdrawal and inspecting the returned products.

    8.3
    The Seller shall process the refund by using the same payment method used by you to purchase the returned products, unless you expressly agreed with the Seller to use a different payment method and provided you are not required to bear any additional costs as a result of the refund. In case there is no correspondence between the recipient of the products indicated in the order form and the person who paid the amounts due for the purchase, if the right of withdrawal is exercised, the refund of the sums shall be processed by the Seller in favor of the person who made the payment.

8.4
Please be reminded that the value date of the refund is the same as that of the initial payment made.

8.5
The Seller designates UPS or BRT as the couriers to be used for the return of products. By using the pre-printed sticker label enclosed with the packaging containing the products, you can return the products to the Seller, without having to pay the expenses to be borne by you directly. Pursuant to the procedures and terms provided for the exercise of the right of withdrawal, such method allows the Seller to pay the costs for the return directly on your behalf, releasing you from any payment obligation vis à vis the courier. As a matter of fact, for the payment of the return, the Seller shall withhold from the refund a forfeit amount equal to the standard shipping costs for the purchased products. Such method allows us to keep track of the location of the package at all times, and exempt you from any liability in case of loss of or damage to the products during transportation.
8.6
Should you decide to use a shipping option other than the one indicated by the Seller for the return of the products, you will be required to bear all shipping costs and you will be liable in case of loss of or damage to the products during transportation.

  1. Privacy

    9.1
    You can find information regarding the way we process you personal data on our Privacy Information Sheet.

    9.2
    For any other information concerning our Privacy Policy, you can send us a request at the following e-mail address: info@dialettodesign.com or at the address of our registered office, Via di Civita 2, loc. Monticchio, 67100 L’Aquila (AQ).

    10. Applicable laws and settlement of disputes

    10.1
    The General Terms of Sale are governed by the laws of Italy and specifically by the Consumer Code, Chapter I° “Consumer rights in contracts”, with specific reference to provisions on distance contracts and Legislative Decree no. 70 dated 9 April 2003 on certain aspects concerning e-commerce.

    10.2
    In case of disputes between the Seller and each end user, arising from the General Terms of Sale, the Seller guarantees, as of now, in pursuance of art. 14 of Regulation 524/2013, its full compliance and acceptance of the mediation services offered by the Arbitration Panel of the L’Aquila Chamber of Commerce, which allows parties to reach a settlement through the support of a neutral and competent mediator, in an amicable and reliable manner, through the Internet.

Furthermore, please be informed that the European Commission offers a platform for alternative out-of-court settlements of disputes, which can be accessed through the following website http://ec.europa.eu/odr

11. Amendments and updates

11.1
These General Terms of Sale may be amended from time to time also in light of changes in the legal framework. The new General Terms of Sale shall enter into force as of the date of their publication on dialettodesign.com.

 

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