Conditions of sales
The offer and sale of products on www.danieladallavalle.com Digital Store are governed by the following General Terms and Conditions of Sale. The items purchased on www.danieladallavalle.com are produced, sold and marked by trademarks owned Daniela Dallavalle SpA, with registered offices in Carpi (MO), Via Fleming 9/11, 41012 Carpi (Modena) registered in the Modena Register of Companies, n°346460 – C.C.I.A.A. MO 02966780369, P. IVA 02966780369, Share Capital Euro 100.000,00 i.v. (hereinafter referred to as “DD SpA” or “we”).
- Completion of the sales contract
1 – These general conditions of sale are an integral and essential part of the purchase contract between DD SPA and you (our customer). Your electronic submission of an order implies full knowledge of these General Conditions of Sale and their full acceptance.
2 – If you do not agree with one or more terms contained in these General Conditions of Sale, you are requested to refrain from making purchases on www.danieladallavalle.com
3 – At the time of proceeding with the completion of the order, you will be advised that doing so implies the obligation to pay the price indicated.
4 – The purchase contract with DD SPA is complete when DD SPA receives your order electronically, subject to verifying the accuracy of the data it contains. We point out that the correctness and verification of your personal data is your responsibility and you are the only responsible for the incorrect insertion of your personal data, also for the purposes of possible delays and / or missed deliveries dependent on incorrect personal data. We inform you that in the order form you will be asked to proceed with the verification of the data you entered so that we ask you to pay the utmost attention both during the insertion phase and during the verification phase.
5 – Once the purchase contract is complete, DD SPA will process your purchase order by sending an email containing the order summary. However, this mail does not constitute automatic acceptance of the order. DD SPA reserves the right to refuse orders from customers with whom there is an existing dispute regarding the payment of a previous order, who do not give sufficient guarantees of solvency, or orders that are incomplete, incorrect or if the products are unavailable. In these cases, DD SPA will inform you by email that the contract has not been completed and that DD SPA has not processed your order. In all cases in which the order will not be shipped you will be re-credited with the amounts paid by you.
1 – All prices of products displayed and indicated within the www.danieladallavalle.com Digital Store are inclusive of VAT and any other tax that may be applicable in connection with the sale, but do not include local customs duties, import taxes, taxes and customs brokerage fees. In fact, for certain destinations, upon arrival at the border of your country the contents of the order may be subject to customs duties (which may include taxes, duties, management fees, remuneration of customs brokers, etc.), the payment of which is at your expense, as the recipient of the order. DD SPA does not have the ability to calculate these customs duties in advance, therefore we advise you to contact the relevant local authorities or the local customs office for detailed information before placing your order.
2 – The cost of shipping, transport, or other applicable additional costs, except those enumerated in clause 1 here of, will be clearly indicated and displayed before completion of the order.
3 – Product prices may be subject to change. As a customer, you are required to review the final sale price (which is clearly indicated) before submitting the order. Any obvious price error stated on www.danieladallavalle.com, compared to the commonly known price of the selected product, entitles DD SPA not to confirm the shipment and proceed with an immediate refund. A refund will be given to the value of the purchase price paid with no entitlement to oppose this.
- Delivery methods
1 – The delivery of products is carried out exclusively within the territory of the country, as referred to by the local DD SPA Digital Store you connect to and use for your purchase.
2 – The delivery of the items will be made within 15 days from the conclusion of the order, to the destination address indicated in the order form. Failure to deliver or delayed delivery depending on the recipient’s absence, incorrect address and / or holidays that prevent the regular transport service cannot be a reason for exercising the right of withdrawal, as it is not dependent on DD SpA. Causes of force majeure are reserved.
- Payment methods
1 – To pay for the selected products and the relative shipping and delivery costs or other additional relevant costs, you can use one of the methods indicated in the “Payment” section and then review them within the order. The indications contained in this section form an integral and substantial part of these General Conditions of Sale and, therefore, they are deemed to be fully known and accepted at the time when the order is placed. The payment services available do not however have different or additional costs.
2 – In the case of payment by credit card, the payment procedure will take place via a secure connection directly connected to the relevant bank and operator of the online payment service, which DD SPA cannot access. In particular, the financial information (for example, the credit/debit card number or the date of its expiry) will be forwarded, via encrypted protocol, to Unicredit, which provide the related remote electronic payment services, without any third party having access to it, in any way. Furthermore, such information will never be used and/or stored in any format (including electronic format) by DD SPA. The validity of the card could be verified through a pre-authorisation payment. This authorisation is not a charge. The charge on your credit card occurs at the time of shipment of the purchased product. Your right as a customer to have your payment re-credited in the case of default by DD SpA or failure to execute the contract for any reason is not affected.
3 – As a customer, you are solely responsible for the data entered and therefore guarantee to use only credit cards for which you have legitimate use, expressly relieving DD SpA from any liability.
4 – If selecting to pay by PayPal method, you will be redirected to the www.paypal.com website where you will make the payment for the products, according to the procedure established and regulated by PayPal, and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by the latter and will not be transmitted or shared with DD SPA. DD SPA is therefore not in a position to know and does not store in any way the data of the credit card connected to your PayPal account, or the data of any other payment facility connected to that account. The total amount due will be debited from PayPal at the completion of the online order. In the event of termination of the purchase contract and in any other event of reimbursement, for whatever reason, the amount of the reimbursement in your favour will be credited to your PayPal account. The credit times on the payment linked to this account depend exclusively on PayPal and the banking system. Once credit has been sent to your account, DD SPA cannot be held responsible for any delays or omissions in the credit of the refund amount. In order to contest this you need to contact PayPal directly..
1 – DD SPA assumes no responsibility for the service interruptions due to force majeure such as accidents, explosions, fires, strikes and / or walkouts, earthquakes, floods and other similar events that prevented, in whole or in part, the execution of the contract within the agreed time frame.
2 – DD SPA will not be liable to any party or third parties regarding damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, since you are entitled only to the refund for the price paid.
3 – Similarly, DD SPA is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards, cheques and other means of payment, upon payment of the purchased products. DD SPA, at no time during the purchase process is able to know your credit card number because, as we open a secure connection, it is transmitted directly to the banking service.
4 – The essential characteristics of the products are presented on the www.danieladallavalle.com Digital Store on each product page. The images and colours of the products offered for sale may however differ slightly due to the Internet browser and the monitor used.
- Your obligations as a customer
1 – It is strictly forbidden for minors (anyone under the age of 18) to place an order on the www.danieladallavalle.com
2 – The data entered during the purchase must be exclusively personal and genuine data and not of third parties, or fantasy. DD SPA reserves the right to prosecute any violation or abuse, in the interest and for the protection of consumers.
3 – As a customer, you release DD SPA from any liability arising from the issue of incorrect tax documents due to errors in the data provided by you, as you are solely responsible for the correct entry.
- Right of withdrawal and refunds
1 – As a customer, you can withdraw from the purchase contract completed with DD SPA without any penalty and without specifying the reason, within fourteen (14) days, starting from the day of the products were received in the manner described below.
2 – Before the end of the withdrawal period, as determined above, you can make a return request directly on the DD SPA Digital Store by filling in and forwarding the return request to DD SPA and following the instructions – or through another explicit declaration of your decision to withdraw from the contract which needs to be communicated via email to email@example.com, including details of what you bought, when you ordered or received it and your name and address.
3 – As a customer, you must return the goods or deliver them to the third party, authorised by DD SPA, without delay and within fourteen days from the date on which you informed DD SPA of your decision to withdraw from the contract. The deadline is considered as met if you send back the goods before the end of the fourteen-day period.
4 – The shipping costs related to the return of the items will be borne by DD SPA if you use the pre-printed sticker included within the original package. This procedure allows DD SPA to directly bear the costs of returning to the courier and to track the package. If you decide to use a different courier for the return of the products, the shipping costs will be at your cost and includes responsibility for loss or damage of the products.
5 – After the return of the products, DD SPA will carry out checks on their compliance with the conditions and terms indicated in this section.
6 – If the right of withdrawal is exercised following the procedures and terms indicated in this paragraph, DD SPA will refund any amounts already obtained for the purchase of products or by giving you a voucher of the same amount and value for future shopping on www.danieladallavalle.com
7 – Whatever payment method you use, the refund will be activated by DD SPA in the shortest possible time and within fourteen days, starting from the day in which you notified DD SPA of your decision to withdraw from the contract. DD SPA may withhold the refund until we have received the products or until you have demonstrated that you have returned the products, depending on which situation occurs first.
8 – DD SPA will reimburse you using the same payment method you used for the purchase of the returned products, even if you have used a virtual/disposable credit card. For legal reasons, DD SPA cannot refund a different credit card from the one used for the purchase, except in case the credit card itself has expired. In this instance please send an e-mail firstname.lastname@example.org to arrange the most appropriate repayment method.
- Applicable law and jurisdiction
1 – Any dispute concerning the application, execution, interpretation and violation of purchase contracts stipulated through DD SPA is subject to Italian law and in particular to the Consumer Code, Chapter I “Consumer rights in contracts” – so as amended by Legislative Decree 21 February 2014, n. 21 – with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects concerning e-commerce.
2 – For any dispute between the parties regarding the present contract the Court in whose district you have your domicile or residence will have jurisdiction; for all other disputes the Court of Modena will have exclusive jurisdiction.
3 – In the event of disputes arising from the General Terms and Conditions of Sale between DD SPA and customers residing in the EU, the European Commission provides a platform for alternative non-judicial dispute resolution, accessible on the website http://ec.europa.eu/odr.
- Changes and updates
1 – DD SPA reserves the right to modify our www.danieladallavalle.com Digital Store, the policies and these General Conditions of Sale, at any time, to offer new products or services, or to comply with legal or regulatory provisions. By accessing our Digital Store and submitting an order you will adhere to the policies and terms of the General Conditions of Sale from the point the order is placed, unless there are retrospective changes to applicable law (in this instance, this will apply to the orders you have previously made). If any provision of these Conditions is held to be invalid, null or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other provisions.