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These general online sales conditions govern the sales contract (hereinafter, the "Contract") for the products (hereinafter, the "Product" or "Products") offered by DRAKE di Bertipaglia Enrico through the website www.drakekart.com (hereinafter, the "Site") to users of the Site (hereinafter, the "Customers" or the "Customer").
These general sales conditions define the rights and obligations of the parties within the framework of a distance sale of goods offered in the online store www.drakekart.com, in compliance with the applicable regulations on e-commerce and distance contracts.
The Customer declares to have read all the information and general sales conditions before placing the order.
COMPANY DATA:
DRAKE di Bertipaglia Enrico
Via Reoso, 19
35020 – San Pietro Viminario (PD) - Italy
C.F.: BRTNRC87E04F382T
P.IVA: 05011050282
Tel: +39 0495734366
Email: info@drakekart.com
Pec: bertipaglia.e@pec.it
1. GENERAL TERMS AND CONDITIONS OF SALE
- The contract between DRAKE di Bertipaglia Enrico and the Customer is deemed concluded upon acceptance, even partial, of the order by DRAKE di Bertipaglia Enrico. By placing an order through any of the available methods, the Customer declares to have read all the information provided during the purchase process and, consequently, to fully accept the general terms and payment conditions outlined below.
- The insertion of false and/or fictitious personal data in the data collection forms required for order processing is strictly prohibited. Likewise, it is forbidden to enter third-party data or create multiple registrations for the same Customer. The Supplier reserves the right to take legal action against any violation or abuse, in the interest and for the protection of all Customers.
- Once the online purchase procedure is completed, the Customer shall print or save an electronic copy and, in any case, retain these general terms and conditions of sale in compliance with Articles 3 and 4 of Legislative Decree 185/1999 on distance selling. The submission of the order confirmation therefore implies full awareness and complete acceptance of these terms.
- The Customer's right to claim compensation or indemnity from the Supplier is excluded, as well as to attribute any contractual or non-contractual liability for direct or indirect damages to persons and/or property resulting from the partial or total non-acceptance of an order.
2. PRODUCTS: FEATURES AND PRICES
- The technical and operational characteristics of the products published on the Site are those provided by the respective manufacturers and/or suppliers. DRAKE di Bertipaglia Enrico assumes no responsibility for the accuracy or completeness of such information: product images are for illustrative purposes only and not binding. The product photographs and presentation videos accompanying the descriptive information are published on the Site for illustrative purposes, considering that image quality, including the accurate display of color variations, may depend on the hardware and software used by the Customer when browsing the Site. Although the Site provides details on product characteristics, the Customer is responsible for selecting the ordered Products and ensuring that the specifications provided by each manufacturer meet their needs.
- The price displayed on the Site in the individual product pages does not include delivery costs, which are billed separately and indicated in the order confirmation. For orders over €49, shipping within Italy is free, while in Europe, shipping is free for orders over €99 with the Economy service. Products are not supplied on a trial basis.
- For deliveries within the European Union, the prices indicated include VAT applicable on the order date; therefore, they are shown VAT included. No customs duties or additional VAT will be charged for deliveries within the European Union. The VAT applied in European countries will correspond to the final destination of the shipment.
- For deliveries outside the European Union, VAT will not be applied, but customs duties will be charged, which will be etermined by customs upon delivery of the package. This cost cannot be anticipated in advance.
3. ORDER ACCEPTANCE
- The contract will be concluded only when the order is confirmed by DRAKE di Bertipaglia Enrico. The customer will receive an email notification acknowledging receipt, which will include the order confirmation with all the contract elements (ordered products, prices, delivery dates, shipping costs, etc.).
- DRAKE di Bertipaglia Enrico reserves the right to not confirm an order for any reason, particularly in the case of a product supply issue or a problem related to the order itself.
4. PRODUCT WARRANTIES
DRAKE di Bertipaglia Enrico is liable for any defects in conformity that arise within 1 year from the delivery of the newly purchased item in its original packaging. For the purposes of this contract, goods are presumed to conform to the contract if, where applicable, the following conditions are met:
- they are suitable for the use for which goods of the same type are normally intended;
- they conform to the description made by the seller and possess the qualities of the goods thatthe seller has presented to the consumer as a sample or model;
- they exhibit the quality and performance typical of goods of the same type, which the consumer can reasonably expect, considering the nature of the goods and, if applicable, any public statements regarding the specific features of the goods made by the seller, manufacturer, or their agent or representative, particularly in advertising or labeling.
- They are also suitable for the particular use desired by the consumer and which was communicated to the seller at the time of the contract conclusion, and which the seller has accepted, even implicitly. The Buyer loses all rights if they do not report the conformity defect to the seller within two weeks from the date the defect was discovered. Reporting is not necessary if the seller has acknowledged the defect or concealed it. In any case, unless proven otherwise, defects in conformity that appear within six months from the delivery of the goods are presumed to have existed at that date, unless this assumption is incompatible with the nature of the goods or the nature of the conformity defect. In case of a conformity defect, the Buyer may alternatively and at no cost, under the conditions outlined below, request the repair or replacement of the purchased goods, a reduction in the purchase price, or the resolution of this contract, unless the request is objectively impossible to fulfill or is excessively burdensome for DRAKE di Bertipaglia Enrico, in accordance with Article 130, paragraph 4, of the Consumer Code. The request must be sent in writing, via Registered Mail with Return Receipt, to DRAKE di Bertipaglia Enrico, who will indicate their willingness to proceed with the request or the reasons preventing them from doing so within seven working days of receipt. In the same communication, if DRAKE di Bertipaglia Enrico accepts the Buyer's request, they must specify the shipping or return procedures for the defective goods, as well as the expected timeline for the return or replacement of the defective goods. If repair and replacement are impossible or excessively burdensome, or if DRAKE di Bertipaglia Enrico has not repaired or replaced the goods within the specified time, or if the previously performed repair or replacement caused significant inconvenience to the Buyer, they may request, at their choice, a reasonable price reduction or contract termination. In this case, the Buyer must send their request to DRAKE di Bertipaglia Enrico, who will indicate their willingness to proceed with the request or the reasons preventing them from doing so within seven working days of receipt. In the same communication, if DRAKE di Bertipaglia Enrico accepts the Buyer's request, they must indicate the proposed price reduction or the return procedures for the defective goods. In such cases, it is the Buyer's responsibility to specify the methods for refunding the amounts previously paid to DRAKE di Bertipaglia Enrico.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
DRAKE di Bertipaglia Enrico holds the intellectual property rights of the Site and the right to distribute the elements contained in the online store catalog, particularly the photographs for which it has obtained the necessary permissions from the concerned parties. Consequently, the partial or total reproduction, on any type of medium, of the elements that make up the site and the catalog, their use, and their transfer to third parties are strictly prohibited.
6. APPLICABLE LAW
The sales contract between the Customer and DRAKE di Bertipaglia Enrico is deemed concluded in Italy and governed by Italian law.
7. JURISDICTION
In case of a dispute and in the absence of an amicable agreement between the parties, without prejudice to the possible applicability of mandatory legal provisions protecting consumers (as defined by Article 1, letter b) of Legislative Decree No. 185 of May 22, 1999), any dispute related to these General Terms and Conditions will be subject to the exclusive jurisdiction of the Court of Rovigo.
8. ONLINE DISPUTE RESOLUTION FOR CONSUMERS
Consumers residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve, out of court, any dispute related to and/or arising from contracts for the sale of goods and services concluded online. Therefore, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with the Owner. The platform is available at the following link: http://ec.europa.eu/consumers/odr/. The Owner is available to respond to any inquiries sent via email to the address provided in this document.
9. PARITARY CONCILIATION PROCEDURE
According to Article 49, paragraph 1, letter V of Legislative Decree No. 206 of September 6, 2005 (Consumer Code), the customer may avail themselves of the Paritary Conciliation Procedure. This procedure can be initiated if the consumer, after submitting a complaint to the company, has not received a response within thirty days, or if the response received is deemed unsatisfactory. The customer who decides to use the Paritary Conciliation Procedure is required to send the request to the address:
conciliazione@consorzionetcomm.it or to the fax number 02/87181126. For more information, please refer to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione