Terms and conditions
The present general terms and conditions regulate the commercial relations between DEMENEGO SpA, Via Nazionale 49, 32042 Calalzo di Cadore (BL) - ITALY, VAT number 00557540259, Rea: BL 58193 Tel. +39 0435.505811 and the CUSTOMER, which take place through the e-commerce system present on the website store.demenego.it.
The CUSTOMER declares that he/she is acting as a Consumer, unless, when registering, the CUSTOMER declares that he/she is acting as a Professional, by entering his/her VAT number. The contract specifies the clauses that are not applicable to the CUSTOMER acting in the capacity of Professional.
These general terms and conditions of sale may be subject to change, even without prior notice, which shall take effect from the date of publication on the website.
2 Prices and availability
The prices and commercial offers of DEMENEGO SpA are those published on the summary page of the shopping cart, before the confirmation of the sending of the purchase proposal by the CUSTOMER. The prices indicated specify the taxable amounts and any VAT. These amounts do not include any duties or taxes applicable in the country of destination, where this is different from Italy, which will be borne by the CUSTOMER.
The CUSTOMER shall pay the full price of the goods ordered at the same time as placing the order.
In case of non-acceptance of the order, DEMENEGO SpA will promptly refund the amount already paid.
During the process of forwarding the order, DEMENEGO SpA proposes the different methods of payment, such as payment by credit card (by way of example, Visa, MasterCard, AMEX), the payment through the protected system "Paypal".
The CUSTOMER selects during the purchase the method of payment among those proposed by DEMENEGO SpA. If the chosen payment channel is not available, even if only temporarily, DEMENEGO SpA will promptly inform the CUSTOMER of alternative channels.
Invoices will be issued exclusively in electronic format and sent to the email address provided by the CUSTOMER during registration.
The availability of the products is generally indicated on the website and constantly updated; this frequency is considered sufficient to guarantee very reliable information but it cannot exclude that a product indicated as available, at the moment of the forwarding of the purchase proposal by the CUSTOMER, may not be in stock.
3 Order processing methods
Before proceeding with the purchase of goods, the CUSTOMER must register in the appropriate section of the site, identifying himself with truthful data. Until the Order has been sent, the CUSTOMER shall have the option of reviewing the data entered by clicking on the "Back" button.
By sending the Order and the contextual payment, the CUSTOMER makes a proposal to purchase the goods indicated in the summary page of the shopping cart. DEMENEGO S.p.A. reserves the right not to accept the proposal, giving notice within 30 days or if the 30 days expire without any answer.
In any case, orders are considered to be accepted with reservation, both with regard to quantities and delivery terms. DEMENEGO S.p.A. shall not be held responsible for any delay, postponement or reduction of quantities in the execution of orders, except in cases of negligence or fault attributable to DEMENEGO S.p.A. itself. Each single order or delivery is considered autonomous and independent from any other order or delivery. The CUSTOMER declares to be aware that DEMENEGO SpA commits itself to deliver the product within 30 days from the successful completion of the purchase procedure; he declares also to be aware that DEMENEGO SpA is not responsible for the actual delivery of the product because this operation is not carried out by the latter. Possible delays in the delivery cannot be charged to DEMENEGO SpA.
4 Right of withdrawal
The CUSTOMER acting as a Consumer has the right to withdraw from the purchase contract without having to provide any reason within 14 days from the date on which he, or a third party other than the carrier, receives the goods, acquiring possession of them.
In such cases, the CUSTOMER shall inform DEMENEGO SpA of the decision to exercise the right to withdraw from the contract, using instructions available on the website.
Alternatively, the CUSTOMER can submit any other explicit declaration of his decision to withdraw from the contract by email([email protected]), by PEC([email protected]), by the contact form (link available at the bottom of each page) or by registered letter with acknowledgement of receipt to DEMENEGO SpA - Via Nazionale, 49, 32042 Calalzo di Cadore (BL) - ITALY.
The CUSTOMER can also use the form* below, as provided for by art.49, paragraph 1, letter h) of the Legislative Decree 206/05
* Standard withdrawal form pursuant to Article 49, paragraph 1, letter h) of Legislative Decree 206/05:
Spettabile DEMENEGO SpA - Via Nazionale, 49, 32042 Calalzo di Cadore (BL) - ITALY,
The undersigned .............................................. Address .......................................... city .............................
hereby give notice of withdrawal from the contract of sale of the following goods:
order number ............. product name ....................................... product code ..........................
colour ............... ordered on ................................... received on ....................................
Date ................ Signature ....................... (only if this form is sent in paper version)
Conditions for exercising withdrawal (return)
The CUSTOMER, in exercising his withdrawal, shall return the goods without undue delay and in any case within 14 days from the date on which he communicated the withdrawal. The deadline is met if the CUSTOMER returns the goods before the expiry of the period indicated.
To return a product, the CUSTOMER must:
- Inform DEMENEGO SpA of the intention to exercise the withdrawal, taking care to check that the deadline has not expired;
- Ask DEMENEGO SpA for the return identification number (RFI);
- Pay particular attention to the Guarantee Seal: its removal and/or tampering will make it impossible to exercise the right of withdrawal and thus obtain a refund;
- Ensure that the spectacles are in their original packaging and any integral parts of the same (case, pouch, accessories, supports, additional components, etc.);
- The CUSTOMER is liable for any diminution in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the products. Therefore, care must be taken to ensure that the spectacles do not show signs of wear that would suggest that the goods have been used outside of a domestic context or for normal testing.
- Send the returned product to DEMENEGO SpA, through the same forwarding agent responsible for delivery.
If the above conditions are met, DEMENEGO SpA will refund all the payments received by the CUSTOMER for the contract subject to withdrawal, including delivery costs for EU countries and retaining instead €31.00 for non-EU countries. The refund will be made using the same means of payment used by the CUSTOMER for the initial transaction. The currency for the refund will be the Euro, even if the original payment was made in another currency. In the latter circumstance, the exchange rate used shall be that of the day on which the re-credit is issued with reference to the price paid.
Unless DEMENEGO SpA has offered to collect the goods subject to withdrawal itself, DEMENEGO SpA may withhold the refund until it has received the goods or until the CUSTOMER has demonstrated that he has sent back the goods, whichever is the sooner.
DEMENEGO SpA reserves the right not to accept or to accept with reserve packages that show visible damages and/or signs of tampering. DEMENEGO SpA will evaluate case by case the percentage of decrease in the value of the product by communicating to the CUSTOMER the amount that can be returned.
The right of withdrawal is reserved exclusively to consumers (natural persons who purchase the goods not for purposes related to their professional, commercial or entrepreneurial activity), therefore it cannot be exercised by legal persons and natural persons acting for purposes related to their professional activity.
If the conditions for withdrawal are not met and the CUSTOMER will still send the product, DEMENEGO SpA will return the goods received only after a specific request by the CUSTOMER in this sense and after payment by the latter, in advance, of the shipping costs.
5 Sales information
By accepting these general terms and conditions, the CUSTOMER declares that he/she has read the following information relating to the purchase and present on the website:
- the main characteristics of the goods in the basket;
- that the sale is made by DEMENEGO SpA - Via Nazionale, 49, 32042 Calalzo di Cadore (BL) - ITALY;
- the total price of the goods including taxes, all additional shipping costs, the method of payment chosen and the terms of delivery and execution of the order;
- the conditions, terms and procedures for exercising the right of withdrawal in accordance with Article 54(1) of Legislative Decree 206/05;
- that there is a legal guarantee of conformity for the goods purchased;
- that the delivery times are those indicated in the purchase procedure. These terms, however, are purely indicative and cannot be calculated precisely. DEMENEGO SpA will not be responsible for any delays in the actual delivery;
- the description of the products present on the site is accurate and true, however for display requirements, it may differ slightly and not significantly from the real product (e.g. in colour, shape and size, etc.). DEMENEGO SpA will not be responsible for such differences, unless they are of considerable importance.
6 Product warranty
Purchases made by Customers as Consumers are subject to the rules on Warranty, also provided by the Consumer Code.
If the Consumer-Client finds defects in the purchased goods, he/she shall contact DEMENEGO SpA, within the time limit provided by the law (two months from the discovery) and ask for the repair or replacement of the Product. The choice between repair or replacement will remain at the CUSTOMER'S disposal, except in the case where the chosen remedy is objectively impossible or excessively expensive compared to the other.
The warranty described above is reserved exclusively for Consumers (natural persons who purchase the goods not for purposes related to their professional, commercial or entrepreneurial activity), therefore it cannot be requested by legal persons and natural persons acting for purposes related to their professional activity, for whom the warranty of the Civil Code remains in force.
7 Shipping and transport. Risks
DEMENEGO SpA cannot be responsible for the non-delivery or delayed delivery of goods due to force majeure, such as, for example, fires, earthquakes, floods and damage to warehouses or strikes, judicial or administrative measures, interruptions of roads and motorways, etc..
If, on delivery of the goods, the packaging is dented, broken, crushed, torn, etc., the CUSTOMER is obliged to indicate acceptance with reservation, specifying this in writing on the acceptance form supplied by the carrier (list / bill etc.).
If the impossibility of delivery due to force majeure persists for a period of more than 30 (thirty) days, either party may withdraw from the contract.
In all other cases, the risk of accidental loss of the goods shall pass to the CUSTOMER with the delivery of the same to the first carrier only in the case of a purchase made by a non-consumer CUSTOMER.
8 Applicable law and jurisdiction
Italian law shall apply. If the CUSTOMER acts in the capacity of consumer (natural person who purchases the goods not for purposes related to his professional, commercial or entrepreneurial activity) the competent court shall be that of his residence. In the case of disputes concerning purchases made by legal persons or natural persons acting for purposes related to their professional activity, the sole competent court to decide shall be that of Belluno.
We inform the Consumer residing in Europe that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European Consumer to resolve in a non-judicial way any dispute relating to contracts of sale of goods and services stipulated on the web and/or deriving from the same. Consequently, if you are a Consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated.
9 Processing of personal data
The processing of the CUSTOMER's personal data is governed by the notice issued pursuant to Article 13 of Reg. 679/16 "General Data Protection Regulation" at the time of user registration.
10 Final clauses
Once authenticated with the username and password, every activity carried out within the DEMENEGO SpA e-commerce site is recorded with appropriate logs and is referable to the account created, according to the identification data provided by the CUSTOMER. This information, uniquely associated with the chosen password, constitutes a contractually agreed method of computer identification in accordance with Legislative Decree 82/05 that are considered by the parties "secure" for objective characteristics of quality, security, integrity and immodifiability.
This Agreement shall be made available at the time of stipulation by being sent in electronic format to the declared e-mail address. Any special agreements shall have no value unless they are specifically agreed upon by both parties, either by e-mail or in writing, in which case they shall constitute an addendum to this text.
At the simple request of one of the parties, the other undertakes to print this contract, sign it and send it to the applicant's premises within 7 days.