Términos del servicio

GENERAL CONDITIONS OF ONLINE SALES

These general conditions of sale govern the purchase of products and services (hereinafter Products) carried out remotely via the Internet on the site www.demifirenze.com (hereinafter Site).

The offer and sale of the Products on the Site constitute a distance contract governed by Legislative Decree 9 April 2003 n. 70, containing the regulation of electronic commerce (e-commerce) and articles. 45 et seq. of Legislative Decree 6 September 2005 n. 206, (Consumer Code) and subsequent additions and/or amendments.

Before sending the order, the Customer is required to carefully read these General Conditions, published on the aforementioned Site to allow them to be read, memorized and archived.

These General Conditions of Sale are drawn up in compliance with Legislative Decree no. 206/2005 (so-called Consumer Code), with particular reference to Section II, and to Legislative Decree no. 70/2003 transposing the EU Directive on Information Society Services (so-called E-Commerce Directive).

These General Conditions of Sale do not regulate the sale of products by parties other than the D.E.M.I. company. of Davide del Re (Demi company or seller), which are present on the Site via links, banners or other hyperlinks. Before carrying out commercial transactions with these entities it is necessary to check their conditions of sale. The Demi Company is not responsible for the provision of services and/or the sale of products by such subjects. On the websites accessible via these links, the Demi Company does not carry out any control and/or monitoring and is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by the same. /p>

The Demi Company cannot be held in breach of its contractual obligations or responsible for damages caused in the event of malfunctioning of the site or service due to causes of force majeure that cannot be managed and foreseen by the company same.

The violation by the user of the general conditions of use of the site and/or any other behavior attributable to him that causes damage to the site itself or to the image of the seller will give the company the right to cancel the user data, preventing access and use. The seller's right to take appropriate legal action for any crimes and damages suffered remains unaffected.

During navigation, the following are collected and processed:

- data whose transmission is implicit in the use of web communication protocols or is necessary for the optimization of the site (e.g. IP addresses, domain names, etc.);

- statistical and temporal navigation data that allow us to understand how visitors interact with the website to monitor and improve its functioning (e.g. number of visits, persistence on pages etc.);< /p>

Browsing the site constitutes acceptance and consent to the processing of data in the following terms and methods.

All data is collected anonymously, without identifying individual visitors, however such data could, alone or associated with other elements, allow us to draw personal information or identify individual users, if reprocessed with specific procedures (for example by the Authorities in the event of the commission of computer crimes or abuse).

For the functioning of the site, cookies are used c.d. session, i.e. information data transmitted from the server to the user's computer to optimize navigation. The user can always deactivate cookies by independently changing the settings of the browser he uses, but this deactivation may slow down or modify access to the site itself. The session cookies used on this site avoid the use of other IT techniques potentially prejudicial to the privacy of users' browsing and do not allow the acquisition of personal identification data of the user. Furthermore, session cookies are not permanently installed on the user's PC, being deleted when the browser is closed.

The data is processed through the use of Google Analytics. This service uses analysis procedures and autonomous monitoring systems. For more information on how Google Analytics works, on the cookies used by Google Analytics and on the specific privacy policy of the service, please access the following link: http://www.google.it/intl/it/policies/privacy/.< /p>

All the material that forms this site, the electronic communications before and after their receipt and the navigation data are stored on the company's servers www.aruba.it. The data collected will be processed on these servers and on the IT devices located at the studio.

 

ART.1 - PREMISES

1.1 The applicable General Conditions of Sale are those in force on the date of transmission of the purchase order. They can be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. Customers are therefore invited to regularly access the Site to check for any changes and/or updates to the General Conditions of Sale.

1.2 The purchase of Products on the Site is permitted both to customers who have the status of consumers and to customers who do not have this status. Pursuant to art. 3, I paragraph, letter. a) of the Consumer Code, a consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out. The inclusion of the VAT number during the purchase procedure is considered to indicate that the purchase has been made for purposes relating to the entrepreneurial, commercial, artisanal or professional activity carried out.

1.3 The Site is reserved for retail sales. Under no circumstances will retailers, wholesalers or, in general, anyone who intends to purchase the Products for the purpose of subsequent resale be able to make purchases on the Site. Those interested in purchasing for resale must contact the company to request a quote and then complete a specific form for business to business purchases containing general conditions of sale different from these.

1.4 The online purchase of Products and the stipulation of the related distance contracts are subject to the prior acceptance of these General Conditions of Sale and the registration of the Customer making the purchase. By placing an order, the Customer accepts the General Conditions of Sale which he expressly declares to have read, read and understood before making the purchase as they are applicable and binding in the relationships between the parties.

1.5 The relationships between the DEMI company and customers are governed by Italian law and reference will be made to this for the interpretation and/or execution of the contract.

1.6 The online publication of these General Conditions of Sale is valid as presentation of the information on a durable medium provided to the Consumer Customer pursuant to art. 51 of the Consumer Code. The Consumer Customer, after the purchase, will keep these general conditions of sale (by printing them or saving an electronic copy) in compliance with the provisions of the art. 53 Consumer Code.

1.7 The registered office and contact details of the DEMI company as supplier of the Products offered for sale on the Site are as follows:

D.E.M.I. company DI Davide del Re Registered office: vicolo Busoni 1B, 50018 Scandicci (FI)

VAT number: 06145500481

Registration number in the Florence Company Register: FI-604089

Tel: 3335795945 / PEC: delredavide@cert.cna.it

 

 

ART.2 - DEFINITIONS

 

2.1 For the purposes of these general conditions,

a) “Firm D.E.M.I. di Davide del Re (DEMI company or seller)”: the supplier of the Products offered for sale on the Site;

b) "Customer": is the natural person (consumer or professional) or legal entity who purchases the Products on the Site by accepting these General Conditions of Sale;

c) "Consumer": the natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out;

d) “Distance contract”: the contract concerning the goods offered on the Site to the consumer or professional in the framework of an organized distance selling scheme without the physical and simultaneous presence of DEMI Company and of the consumer, through the exclusive use of one or more means of distance communication until the conclusion of the contract, including the conclusion of the contract itself. The distance contract is to be understood as the "sales contract", i.e. the contract on the basis of which the professional transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price;< /p>

e) “Parties”: the DEMI Company and the Customer as defined under b);

f) “Product(s)”: the goods offered for sale on the Site and purchasable through it with the stipulation of the relevant distance contract;

g) “Professional”: the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary. Pursuant to the previous art. 1, sales on the www.demicinture.it website of retailers, wholesalers or, in general, all those who intend to purchase the Products for the purpose of subsequent resale to whom these conditions of sale do not apply;

h) “Site”: is the website www.demicinture.it owned by the DEMI company where it is possible to stipulate a Distance Contract;

i) “Distance communication technique”: any means which, without the physical and simultaneous presence of the DEMI Company and the consumer or professional, can be used for the conclusion of the contract between the said parties, including the Site.

2.2 The rules specifically provided for the protection of the Consumer do not apply to the Professional Customer who will not be able to avail himself of the particular rights and terms provided exclusively in favor of the Consumer by the special law ( Consumer Code) referred to in these General Conditions. Therefore, exclusively the rules of the civil code will be applicable to the Professional Client.

 

ART. 3 - PURCHASE METHOD - CONCLUSION OF CONTRACT

 

3.1 On the site there is a guided procedure that allows the Customer to enter and then validate any information introduced and to correct errors before temporarily forwarding the electronic form containing the proposal of the purchase order and until the conclusion of the distance contract. The data provided by the Customer at the time of the order will be included in the invoice and cannot be changed after the invoice has been issued.

3.2 To purchase the Products, the Customer must complete and send to www.demicinture.it the form with the order proposal in electronic format, following the instructions contained in the Site. The Customer must insert the Product into the appropriate "cart" and, after having viewed and accepted the General Conditions, as well as having viewed the Privacy Policy, you must select the desired payment method and proceed. If the Customer needs to correct any errors in data entry, he must follow the specific modification procedure indicated on the Site, before submitting his order proposal. In particular, the Customer has the right to change the quantity of Products he intends to purchase, adding or eliminating one or more Products from the "cart".

3.3 By sending the order proposal, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to be aware that sending the purchase order proposal - if accepted by www.demicinture.it - will entail the obligation to pay and accept these General Conditions in full. If in the order confirmation sent by www.demicinture.it to the Customer there are differences in the individual elements that compose it with respect to the agreements or orders, the Customer who has not contested these differences by registered letter sent within ten days of receiving the confirmation is required to accept it as it was drawn up.

3.4 Once the purchase has been completed, the order will be archived and the Customer will find it in their personal area and will receive an email summarizing the purchase made and the contract thus concluded . The General Conditions of Sale are attached or the link to view and print them is made available to the Customer. Before sending an order proposal, Customers are invited to ensure that they have read and understood the instructions provided during the procedure for transmitting the purchase order proposal and these General Conditions, since they will be binding once the order has been concluded. Distance contract with the acceptance by DEMI of the purchase order proposal received.

3.5 The DEMI company accepts orders for delivery in Italian, European and non-European territory, communicating prices and shipping times from time to time. There are no other languages available to conclude the contract other than Italian. For each order placed, it issues an invoice for the purchased Product and sends it via e-mail to order holder. The invoice will contain the data entered by the Customer at the time of registration and order and cannot be modified. This document is the only documentary evidence that can be used to exercise warranty rights relating to the Products sold.

3.6 The Customer can only purchase the products available on the site at the time of the order. In the Product catalog published on the Site, access and the possibility of placing an order online change the availability of the Product in real time, therefore DEMI does not guarantee the certainty of the assignment of the Product ordered. It follows that acceptance of the purchase proposal is subject to the availability of the products in stock. In any case, the seller undertakes to promptly notify the Customer of any unforeseeable stock runs out due to excess demand or other causes, allowing the Customer to credit any amount already paid on another order, or to receive it back. The procedure for checking warehouse availability may lead to an extension of the order acceptance or delivery times during which the seller will offer the Customer maximum update availability. In the event of non-acceptance of the order due to unavailability of the product, the DEMI company guarantees timely communication to the Customer.

3.7 The Customer is aware and recognizes that the product description and the image reproduced on the site are merely representative and that there may be discrepancies in colour, size or other intrinsic characteristics and extrinsic. The information and technical data accompanying the product are also to be understood as generic information material not referable to the real and integral characteristics of the individual good.

3.8 By sending the order proposal, the Customer offers to purchase a Product. Sending the order proposal does not bind DEMI in any way, nor can the online offer of Products be understood as a proposal to the public pursuant to art. 1336 c.c. The DEMI Company has the right to accept or not, at its discretion, the order sent by the Customer, without the latter being able to make any claims or rights of any kind, for any reason, in the event of non-acceptance of the order itself. Any acceptance of the Customer's proposal is confirmed by www.demicinture.it through a order confirmation email to the email address communicated by the Customer. The Purchase Contract stipulated between DEMI and the Customer is considered concluded with the sending of the order confirmation to the Customer, without prejudice to the verification referred to in the following points. 4.11 The DEMI company will not be able to process orders if they contain recognizable material errors in the insertion of product data (for example, the insertion of partial or clearly erroneous data regarding the identification of the product or the price), not attributable to the Company and/or generated by technical failures or line failures. In this case, the seller will provide the Customer with timely communication to rectify the order or cancel it.

3.9 In the case of acceptance of the purchase order proposal received from the Customer, DEMI will acknowledge receipt of the order received by transmitting its definitive acceptance and the relevant order confirmation to the email address that the Customer indicated during registration on the Site. This acceptance and order confirmation will contain a summary of the general and specific conditions applicable to the distance contract already stipulated, information relating to the essential characteristics of the goods or of the service and the detailed indication of the price, means of payment, withdrawal where applicable, delivery costs and any applicable taxes. At the conclusion of the Distance Contract, the relevant invoice will be issued and sent together with the Product ordered. The order and receipt are considered received when the Parties to which they are addressed have the possibility of accessing them

3.10 The Customer acknowledges that the order confirmation is sent following an automated check. If, upon packaging and shipping the Products, any errors are found in the catalog or in the order relating to the price and/or characteristics and/or availability of a Product, the Customer will promptly be notified accordingly. to agree on the modification or cancellation of the order.

4. ACCEPTED MEANS OF PAYMENT

 

4.1 The DEMI company only accepts the following forms of payment: Paypal, Diners credit card, Visa and Mastercard, advance bank transfer. The amount due will be charged on the order confirmation date. The name of the order paid by credit card must be the holder of the credit card used. The Company reserves the right to request that the Customer send a copy of a valid identity document by fax to verify ownership.

4.2 The card data is managed directly by credit institutions specialized in managing online payments. The information is encrypted using 128-bit encryption systems (SSL) which prevents its use by third parties and is sent directly to the Bank. The DEMI company does not view or access the relevant data.

4.3 The DEMI Company reserves the right to verify compliance with the conditions mentioned in this clause, by requesting the authenticity verification of the ownership to the banking institution issuing the card. of the paper itself. This activity takes approximately 5 working days. At the end of the same, in case of positive outcome, we will proceed with the delivery of the order placed.

 

 

 

ART.5 - SHIPPING and RECEIPT OF GOODS

 

5.1 Unless otherwise agreed between the Parties or except in cases in which, with adequate notice, the DEMI Company informs the Customer of different timing regarding the delivery and execution of the Contract remotely concluded, based on the availability of the Products or based on specific requests from the Customer which involve particular times for execution, delivery and processing of the accepted order proposal, and without prejudice to the cases provided for in the following art. 7 which cannot be considered as an extension of delivery times attributable to the DEMI Company, the distance contract concluded pursuant to these General Conditions will be processed within a maximum of thirty days starting from the day following the day on which DEMI Company sent its acceptance to the Customer.

5.2 The delivery obligation is fulfilled by DEMI by transferring material availability or in any case control of the Products to the Consumer. If the DEMI Company does not fulfill its obligation to deliver the Products within the agreed deadline, the Consumer has the burden of inviting it to deliver within an additional deadline appropriate to the circumstances. If the additional period thus granted expires without the Products having been delivered to him, the Consumer is entitled to terminate the Contract remotely.

5.3 Upon delivery of the products by the courier, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document on the packaging and that the packaging itself is intact, not damaged or otherwise altered, even in the closing materials, checking with particular care the possible presence of signs that indicate the breakage of the goods sent. The Customer is also invited, in his own interest, to report immediately to the person in charge of delivering the products, any damage to the packaging or the mismatch in the number of packages by rejecting the damaged goods if it is not possible to accept the package with reservation or if the damage is still visible without having to open the package, or by adding the wording "GOODS CONTROL RESERVE" and specifying in writing the reason for the reservation (e.g. "damaged, broken, torn, punctured, wet, crushed packaging...") on the courier's proof of delivery. Otherwise, no complaint will be accepted. The Customer also undertakes to promptly report, and in any case no later than 24 hours from the date of delivery, to the DEMI Company (by email to cinturedemi@gmail.com or registered letter with acknowledgment of receipt to the address Vicolo Busoni 1B 50018 Scandicci) any and all problems relating to integrity, correspondence and/or completeness of the products received, under penalty of forfeiture.

We also inform you that unreserved receipt of the Products does not allow the Customer to take legal action against the courier in the event of loss or damage to the Products, except in the case where the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery. In the latter case, however, the damage must be reported as soon as it is known and no later than eight days after receipt. In any case, the application of the rules regarding the right of withdrawal and legal guarantee of conformity remains unchanged.

5.4 The Customer is required to report any particular characteristics relating to the place of delivery of the Product and/or its location. In the event that he does not provide such information or provides incorrect information, he will be responsible for any additional costs that the seller must bear to complete the delivery of the Product.

5.5 The Customer acknowledges that the collection of the Product is his specific obligation deriving from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, after two unsuccessful delivery attempts, the package will go "in storage". In the event of failure to collect the Product within five working days from the day following the day on which the courier left the notice of passage, the contract will be considered terminated and the purchase order consequently canceled pursuant to art. 1456 c.c. Once the contract has been terminated, the DEMI Company will proceed to reimburse the total amount paid by the Customer, minus the costs of unsuccessful delivery of the Product, the costs of returning the DEMI Company and any other possible expenses incurred by it. due from the day following the day on which the courier left the notice of passage. The termination of the contract and the refund amount will be communicated to the Customer via e-mail.

5.6 Those who have not collected the shipment at least once cannot make purchases on the Site, regardless of the delivery or payment method chosen. In the event that such subjects place orders in violation of this provision, the purchase contract may be considered legally terminated pursuant to and for the purposes of art. 1456 c.c. The termination of the contract will be communicated to the Customer via e-mail.

5.7 The Customer is required to keep the original packaging of the product received for the entire warranty period. Products without the original packaging will not be accepted for return as without it the origin, authenticity of the product and legitimate possession cannot be verified. This applies both in the case of activation of the guarantee and in the case of returns, if the legal conditions exist.

 

ART.6 - FORCE MAJEURE AND UNPREDICTABLE EVENTS

 

6.1 DEMI company is not responsible for cases of force majeure, unavailability of means of transport, third party actions, unforeseeable or unavoidable events which cause a delay in deliveries and/or make deliveries that are difficult or impossible or cause a significant increase in the cost of delivery

6.2 In the cases referred to in the previous paragraph, DEMI has the right to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Contract of purchase. In such cases, DEMI undertakes to provide timely and adequate communication of its decisions to the e-mail address indicated by the Customer, who has, in this case, the right to a refund of any price already paid, excluding any further claim, to any title, against the DEMI Company. In this sense, the Customer expressly renounces any claim, even by way of mere reimbursement and/or compensation, against the DEMI Company

 

ART.7 RIGHT OF WITHDRAWAL

Pursuant to articles. 52 et seq. of the Consumer Code, the Customer who holds the status of consumer has the right to withdraw from the purchase contract of the Product without having to incur costs other than the direct costs of returning the goods, as provided for in this section and without having to provide any reason, within period of fourteen calendar days (“Withdrawal Period”).

The withdrawal period expires 14 (fourteen) days from the day on which the Consumer Customer or a third party, other than the carrier and designated by him, acquires physical possession of the products. In the case of multiple Products ordered by the Consumer through a single order and delivered separately, the right of withdrawal begins from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last Product. In the case of delivery of a Product consisting of multiple lots or pieces, it starts from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last lot or piece.

Before the expiry of the withdrawal period, the Customer who qualifies as a Consumer must inform the DEMI Company of his decision to exercise the right of withdrawal from the distance contract. To this end, the Consumer can present any other explicit declaration of his decision to withdraw from the distance contract, transmitting it without any formality to any of the addresses indicated in these General Conditions of Sale or present on the site. The communication of withdrawal thus anticipated and sent, always within the period of 14 days, must be followed by a confirmation by registered letter with acknowledgment of receipt, sent no later than 48 hours later to Ditta DEMI vicolo Busoni 1/B 50018 Scandicci (FI)

The Consumer has exercised his right of withdrawal within the withdrawal period if the communication relating to the exercise of the right of withdrawal is sent in the manner described above by the Consumer before the expiry of the withdrawal period. The burden of proof relating to the exercise of the right of withdrawal in accordance with this article lies with the Consumer.

Once the notice of withdrawal has been received, the DEMI Company will communicate to the Consumer a confirmation of receipt, on a durable medium (this also being an email account and a declared email address), of the exercised withdrawal . The Company will promptly communicate to the Customer the instructions on how to return.

The Product, appropriately packaged and protected, must be shipped to Ditta DEMI without undue delay and in any case within 14 calendar days from the date on which the Customer communicated to Ditta DEMI his decision to withdraw. The deadline is met if the Customer ships the Product before the 14 day period expires. The Customer must return the Product to DEMI using a carrier of their choice. The direct costs of returning the Product are borne by the Customer.

The Products sold on the Site are original and are shipped in their authentic packaging. During the return phase, the Products must be returned as received, in their original packaging, and including any accessories and/or elements that constitute an integral part thereof.

The shipment is under the complete responsibility of the Customer until it is returned to the DEMI company and, as a result, the DEMI company is not liable for damage, theft or loss of the returned goods. For this reason we recommend making an insured delivery. In the event of damage to the goods during transport, or other critical issues, the DEMI Company will promptly notify the Customer, to allow him to take action against the courier chosen by him for compensation (if insured). In this case the product will be made available to the Customer and the withdrawal request will be cancelled.

Upon arrival at the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the package and/or the original packaging are damaged, DEMI will deduct a percentage from the refund due, corresponding to the decrease in value of the goods and as a contribution to the costs of restoration. In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced of an amount equal to this decrease in value. DEMI will notify the Customer of the circumstance and of the consequent decreased refund amount, by e-mail, within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount due by the Customer due to the decrease in value of the Product.

Without prejudice to the provisions of the previous point, Ditta DEMI will refund the Customer the amount relating to the purchase of the goods, within 14 days of their return, through a cancellation procedure using the same means of payment used by the Consumer for the initial transaction.

The integrity of the goods is an essential condition for exercising the right of withdrawal. The right of withdrawal lapses due to the lack of the essential condition of integrity of the goods (packaging and/or its contents).

 

The goods, therefore, must be returned intact, unused, complete with all their parts and in their original packaging.

Any deficiencies in the packaging or signs of use on the goods will be relevant for the purposes of assessing the decrease in value of the goods, with a consequent reduction in the sum credited back to the Customer.

The withdrawal also applies to the Product in its entirety.

The discrepancy between the image accompanying the descriptive sheet of a product and what was received by the Customer, in relation to accessory elements such as colour, size or other, is not a valid reason to exercise the right of withdrawal.

 

In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation and, in particular, in the event that the Product is not intact in all its parts and/or accompanied by its accessories and/or by elements that constitute an integral part thereof, it will not lead to the termination of the contract and, consequently, will not give the right to a refund of the amount paid by the Customer for the Product. The DEMI company will notify the Customer via e-mail within 5 working days of receiving the Product, rejecting the withdrawal request. In the event of forfeiture of the right of withdrawal, the goods will remain at the headquarters of the DEMI Company available to the Customer for collection which must take place at the expense and under the responsibility of the Customer himself.

 

ART.8 - WARRANTY

8.1 In only cases in which the Distance Contract has been concluded with a consumer Customer, and in the event that the Product purchased does not comply with the provisions of the Distance Contract and on the basis of what is specified in the art. 129 of the Consumer Code, the consumer Customer will be able to benefit from the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code ('Legal Guarantee') for 24 months in addition to the usual manufacturer's guarantee. The rules applicable to the consumer are as follows.

8.2 The lack of conformity exists when the product is not suitable for the use for which it is normally intended, does not conform to the description or does not possess the qualities promised by the seller, it does not offer the usual qualities and performances of a good of the same type, it is not suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller (art. 129 of the Consumer Code).

8.3 The seller is responsible towards the consumer for any original lack of conformity existing at the time of delivery of the product and which appears within two years of such delivery. The lack of conformity that occurs within 24 months from the date of purchase of the goods must be reported within the following 2 (two) months from the date of discovery of the defect. Unless proven otherwise, it is presumed that defects of conformity which appear within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. After six months, however, it will be the consumer's burden to prove that the lack of conformity already existed at the time of delivery.

8.4 In the event of a lack of conformity duly reported within the terms, the Customer has the right: primarily, to the free repair or replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other; secondarily (i.e. in the event that the repair or replacement is impossible or excessively onerous or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at your choice.

The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be attempted, taking into account:

1. of the value that the good would have if there were no lack of conformity;
2. of the extent of the lack of conformity;
3. of the possibility that the alternative remedy can be used without significant inconvenience for the consumer.

When determining the amount of the reduction or the sum to be refunded, the use of the Product will be taken into account.

8.5 To exercise the right to the Legal Guarantee, the Customer must send a communication by e-mail to cinturedemi@gmail.com indicating the defect of the product and attaching the invoice. It is therefore necessary to keep the tax document as proof for at least two years.

8.6 The Customer will be contacted by the seller who will communicate the instructions to follow. Subsequently, the Customer must prepare the product for shipping by carefully packaging it and enclosing everything originally contained in the product packaging. The shipping costs for sending the product by the Customer to DEMI for assistance will be entirely borne by the Customer, while those relating to repair, labor and return will be entirely borne by the manufacturer if the lack of conformity is ascertained< /p>

8.7 Upon arrival of the product at the headquarters, the DEMI company will examine the product to verify whether the problem can be easily and immediately resolved or whether, on the contrary, there are obvious causes of exclusion of the Legal Guarantee (e.g. expiry of the coverage term, clear presence of accidental damage or damage caused by the consumer).

The DEMI company, having found the lack of conformity, will repair or replace the goods within a reasonable time from the request and without charging the consumer any costs, except for the initial shipping costs which are borne by the Customer.

8.8 For those who do not have the status of consumers, the guarantee will consist exclusively, at the Seller's choice, in the repair or replacement, at the care and expense of the Seller himself, of the parts structural and other components of the Products that are faulty or non-compliant due to defects of origin, provided that the defect has been contested within the terms and in the manner set out in these conditions of sale and occurs during the warranty period. The warranty for replaced or repaired parts expires on the same day as the product warranty expires. The obligations assumed by the Seller in this article to repair or replace the Products are absorbent and replace the guarantees or liabilities established by law. It is therefore agreed that, except in the case of willful misconduct or gross negligence on the part of the Seller, any other liability of the Seller (whether contractual or non-contractual) arising in any way from the Products supplied is expressly excluded. Therefore, the Buyer will not be able to request a price reduction or termination of the contract, nor compensation for damages for any reason. The professional customer's action aimed at asserting the warranty for defects is barred after 1 (one) year from delivery of the purchased Product while the related defects must be reported within the terms set out in the art. 1495 of the Civil Code

 

ART.9 - Warranty exclusions and limitations

The guarantee is excluded if the Customer has damaged the Products through his own willful or negligent conduct, or in any case if, due to his own negligence and /or negligence and/or for other reasons not attributable to DEMI has damaged and/or made the Products defective, and/or exposed them to natural events and/or has used them improperly and/or without following the technical instructions indicated in any manuals, and/or has carried out and/or had repairs, interventions or tampering carried out by unauthorized personnel, and/or has omitted the necessary maintenance, and/or has stored them incorrectly. The warranty is also excluded if the defects and/or faults and/or malfunctions derive from use of the Products other than that referred to in the Contract and/or for which they were designed and manufactured, or in cases of normal wear and tear or deterioration of parts. consumables.

If DEMI finds that any faults or defects in one or more of the Customer's Products are attributable, directly or indirectly to the Customer, the latter will be required to pay the verification costs incurred for this purpose, as well as of the out-of-pocket expenses for the related repayment. Upon request of the Customer, the DEMI Company may also send them a quote for the repair, any costs of which will be borne by the Customer. The DEMI company will inform the Customer in advance of any costs to be incurred for the formulation of the estimate.

ART.10 - Applicable law, alternative dispute resolution, and competent court

10.1 The relationships arising from the Contract are governed by Italian law.

10.2 For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the competent court is the place where the Customer resides or has chosen domicile, if the latter is a consumer, as defined by the Consumer Code.

10.3 Disputes with Consumer Customers residing outside Italian territory fall under the jurisdiction of the Court of Florence, as the judge of the place where the Contract is executed.< /p>

10.4 For any dispute that may arise regarding the application, interpretation and execution of the Contract, the Court of Florence will have exclusive jurisdiction if the Contract is concluded with a Professional Client< /p>

ART.11 - PRIVACY POLICY

This document contains information on how to manage the site and the data collected during navigation, pursuant to art. 13 of Legislative Decree no. 196/2003 and European Regulation 679/2016.

Through the request form it is possible to contact the seller. Entering your data and sending the consultancy form constitute acceptance and consent to the processing of your data in the terms and with the following methods.

The personal data entered in the reference fields (name and surname, telephone, email) as well as additional data that will be provided (other contact details or other personal information) will be used in accordance with the Legislative Decree 196/2003 (Privacy Code) and the European Regulation 679/2016.

The data controller is the company D.E.M.I. of Davide del Re based in Scandicci, vicolo Busoni 1/B

The information and personal data provided in the contact forum will be processed with computerized tools (such as computers and laptops) located at the company headquarters and may be incorporated into paper supports for the following purposes:

• provide feedback to the forwarded request;
• in case of acceptance of the assignment, to provide the subsequent consultancy activity or provision of the service and send information communications;
• to fulfill obligations established by law (for example in tax matters or at the request of the authorities).
• for commercial and strategic and operational marketing purposes (where authorised).

The choice to contact the Company through the contact forum can be freely activated by the user, however, in the event of failure or partial provision of information the Company will not be able to correctly verify the request, nor proceed subsequently with the relationship management. The provision of such data, therefore, is to be considered mandatory.

The provision of data for commercial and strategic and operational marketing purposes is not mandatory and, where provided, can be revoked at any time by means of a specific communication of intent forwarded to the company.

The data will be processed exclusively within the Company, by specifically appointed individuals. In no case will the data be transferred abroad or communicated to third parties without the consent of the interested party, without prejudice to legal obligations.

All data provided will be kept for the time necessary to fulfill contractual and legal obligations, after which they will be deleted.

Pursuant to art. 7 of the Privacy Code, the interested party can request information on the existence or otherwise of personal data concerning him and their communication. In particular, you can obtain the indication of the origin of the data, the purposes and methods of the processing, the logic applied in case of processing carried out with the aid of electronic instruments, the identification details of the owner and managers as well as the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of it

Furthermore, the interested party may exercise the following rights:

• request updating, rectification or, when interested, integration of data;
• request the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those which do not need to be stored in relation to the purposes for which the data were collected or subsequently processed;
• obtain certification that the previous operations have been brought to the attention, also with regard to their content, of those to whom the data have been communicated communicated or disseminated, except in the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right.
• oppose for legitimate reasons the processing of personal data concerning him, even if pertinent to the purpose of the collection.

For any information and to exercise the rights indicated above, you can send an email to: cinturedemi@gmail .com.

D.E.M.I. company di Davide del Re is appointed responsible for processing the User's data.