TERMS AND CONDITIONS OF SALE AND USE OF THE SITE FOR PRIVATE USERS
GENERAL PROVISIONS
These general terms and conditions of sale, hereinafter ”Terms”, are valid exclusively between the company Expolinker SRL, with registered office in Via Groppino, 19 – 36100 Vicenza (VI), REA VI-394501, P. IVA 04303460242, hereinafter referred to as ”EXPOLINKER” or ”SELLER” and any natural person of legal age who makes online purchases on the www.dicelair.com website, hereinafter referred to as the ”SITE”, for personal purposes unrelated to his or her business or professional activity, if any, hereinafter referred to as the ”CUSTOMER”. These Terms may be subject to amendment or supplementation of the text by SELLER at any time and the date of posting of these Terms on the SITE shall be equivalent to the effective date. In any event, the CUSTOMER shall be bound by the Conditions in the text in effect at the time of the relevant purchase.
The resale, rental, or transfer of products purchased from SITE for any commercial or professional purpose is expressly prohibited.
These Conditions govern purchases made on the website www.dicelair.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014 and Legislative Decree No. 70/2003 on electronic commerce.
ARTICLE 1 – SUBJECT OF THE CONTRACT
By these general conditions of sale, the SELLER sells and the CUSTOMER purchases at a distance the tangible movable goods indicated and offered for sale on the SITE. The contract is concluded exclusively through the Internet, by means of the CUSTOMER’s access to the address www.dicelair.com and the realization of a purchase order according to the procedure provided by the SITE itself.
The CUSTOMER undertakes to read, before proceeding to the confirmation of its order, these General Conditions of Sale, in particular the pre-contractual information provided by the SELLER and to accept them by placing a flag in the box indicated. The CUSTOMER, by sending the purchase order, acknowledges that he/she has carefully examined these Conditions and accepts them and declares that he/she is of legal age.
In the order confirmation e-mail, the CUSTOMER will also receive the link to view a copy of these Conditions, as provided for in Article 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
Article 2 – PROCEDURES FOR PURCHASING – PRECONTRACTUAL INFORMATION FOR THE CONSUMER – ART. 49 OF LEGISLATIVE DECREE 206/2005
The CUSTOMER, prior to the conclusion of the purchase contract, shall take note of the characteristics of the goods which are illustrated in the individual product sheets at the time of selection by the CUSTOMER; such product sheets contain the description, photographic images and highlight the unit price, colors and different sizes or sizes available.Each sale made by the SELLER through the SITE may cover one or more products, subject to any availability limitations discussed in the following articles. The CUSTOMER, upon selecting the items of his/her interest, will include such products in his/her Shopping Cart. A brief summary description of the selected products will be displayed in the same Shopping Cart. The CUSTOMER is required to verify the accuracy of the contents of the Shopping Cart before confirming the order by completing the online purchase order form and confirming that he/she has read and accepted these Terms of Sale. The purchase procedure is completed when the CUSTOMER selects the option “MAKE ORDER” or “CONTINUE ON PAYPAL” on the order summary page displayed upon completion of the relevant procedure. At that time, subject to the provision of certain personal data functional to the identification of the purchaser, the order is sent directly to the SELLER to be processed and, subject to the provisions regarding the right of withdrawal, cannot be further modified or cancelled by the CUSTOMER. Such order confirmation shall constitute proof of CUSTOMER’S acceptance of the provisions set forth in these Terms of Sale.
SELLER makes every effort to describe and present the items sold on SITE in the best way possible. Nevertheless, some errors, inaccuracies or minor differences between the product depicted on the SITE and the actual product may become apparent. Furthermore, the photographs of the products presented on the SITE do not constitute a contractual element, as they are to be considered representative only. The images and photos on the SITE may give, also due to the quality of color resolution with which the terminal or screen used by the CUSTOMER is equipped, partially different representations from the real products placed on sale, including their dimensions and proportions. The CUSTOMER must therefore refer to the technical indications (e.g. components, dimensions, pantones, etc.) if any included in the description taking into account the fact that the SELLER does not guarantee the exact correspondence of the graphic representations of the products shown on the SITE.
SELLER reserves the right to reject purchase orders from a CUSTOMER that SELLER deems unfit to fulfill its obligations, such as in the case of, but not limited to, a previous violation of the contractual provisions for online purchases through SITE.
Should the CUSTOMER wish the invoice to be issued, he/she must make a request to the SELLER as provided for in Article 22, paragraph 1 of Presidential Decree No. 633/72. The invoice will be available and printable, after the order is processed, in the “My Orders” section of the CUSTOMER’s “My Account” space or for electronic invoices in the CUSTOMER’s tax box. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice is issued, it will not be possible to make any changes to the data indicated in the invoice.
Prior to the validation of the order with “obligation to pay”, the CUSTOMER is informed regarding:
- The total price of the goods including taxes, with details of shipping and any other costs;
- the method of payment;
- The deadline by which the SELLER agrees to deliver the goods;
- The conditions, terms and procedures for exercising the right of withdrawal (Art. 7 of these Conditions) as well as type of withdrawal form in Annex I, Part B of Legislative Decree 21/2014;
- The information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- The existence of the legal warranty of conformity for the goods purchased;
- The conditions of after-sales service and commercial warranties provided by the SELLER.
The CUSTOMER may at any time, and in any case prior to the conclusion of the contract, become acquainted with the information about the SELLER, the geographical address and e-mail address, which information is given, also below:
EXPOLINKER SRL
registered office: Via Groppino, 19 – 36100 – Vicenza (VI)
contact email: info@dicelair.com
Preorders
It is possible to purchase pre-order products where sometimes an estimated release date is expressed, this date is changeable for different reasons not dependent on the SELLER and does not make the contract void. If the release date is not expressed then it is understood that the arrival is estimated between 3 and 30 days.
It is not possible within the same order to purchase available items and others on pre-order; if the CUSTOMER wants to purchase products on pre-order, he/she will necessarily have to create an order where only products on pre-order appear. This procedure was established by the SELLER to safeguard the interests of the CUSTOMER because it allows better management of the amount paid by the CUSTOMER for products on pre-order.
The order amount will be charged immediately after its confirmation by the CUSTOMER and the order will be put into processing by the SELLER for execution only after payment has been made and collected; therefore, it will not be possible to use cash on delivery, if it is available, for pre-orders.
SELLER agrees to deliver the goods as soon as possible from the estimated date of release by express courier, unless otherwise agreed with SELLER for a different mode, and in any event within 30 (thirty) days commencing from the estimated date of release.
ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The contract of sale is considered concluded when the SELLER sends the CUSTOMER an e-mail confirming the order. The e-mail contains the CUSTOMER’s details and order number, the price of the goods purchased, shipping charges and the delivery address to which the goods will be sent, and the link to be able to view these Conditions.
CUSTOMER agrees to verify the accuracy of the personal information contained in the above email and promptly notify SELLER of any corrections/changes that need to be made.
SELLER agrees to deliver the goods as soon as possible by express courier and in any case within 30 days commencing from SELLER’s sending of the order confirmation e-mail to CUSTOMER.
The shipment of products shall take place only upon confirmation of receipt of the total amount of the order to be paid.
ARTICLE 4 – AVAILABILITY OF PRODUCTS
CUSTOMER acknowledges that stocks of products offered by SELLER through SITE are limited. Products considered available for purchase by customers are viewable on SITE. Occasionally there may be inconveniences regarding the availability of certain products. Product availability refers to actual availability at the time the CUSTOMER places the order. However, such availability should be considered purely indicative since:
- products may be sold to other customers prior to order confirmation, due to the simultaneous presence of multiple users on the SITE;
- an IT anomaly could occur such that a product is available for purchase that in fact is not.
Even after the order confirmation e-mail sent by the SELLER, there may be cases of partial or total unavailability of the goods. In this eventuality, the order will be rectified automatically with the elimination of the unavailable product(s) and the CUSTOMER will be immediately informed by e-mail; In such circumstances, the CUSTOMER will be offered a choice between:
- the cancellation of the unavailable product and obtain a refund of the relative amount of the unavailable product, if any, paid;
- accept, as an alternative to the unavailable product, delivery of another product equivalent in price or of a different price agreed with the SELLER and with refund of any price difference paid by the CUSTOMER;
- the cancellation of the entire order with a refund to the CUSTOMER of the amount paid.
SELLER reserves the right to change or update the products, or their specifications, offered on SITE at any time without notice.
ARTICLE 5 – PAYMENT METHODS
Any payment by the CUSTOMER may be made only by:
- Credit Cards supported by the payment service provided by Stripe or PayPal Inc;
- Payment via Paypal;
- Bank transfer to be made to the following bank account:
- Owned to : Expolinker SRL
- Bank: Unicredit (Branch: Vicenza-D’Alviano)
- IBAN: IT04Z0200811803000106020666
- BIC: UNCRITM1N19
Unless otherwise specified, this SITE processes all credit card, PayPal and wire transfer payments through external payment service providers. In general, and unless otherwise specified, CUSTOMER if necessary is requested to provide payment details and personal information directly to such payment service providers.
This SITE is not involved in the collection and processing of such information: instead, it will only receive a notification from the payment service provider in question about the successful payment. With respect to payment by COD, the SELLER will instruct the courier service provider to provide the same by providing it only with the shipping details provided by the CUSTOMER at the time of order; the manner and any additional information by which the courier service provider will collect the COD is handled solely by the courier service provider itself, and this SITE is not involved in the processing of such information: instead, it will only receive notification from the courier service provider in question about the fact that payment has been made.
Credit card transactions are handled securely and reliably through the “Payment Gateway” service of Stripe or PayPal, major players in the industry, both nationally and internationally. The standard mode for Internet payments, provides that the customer, at the time of payment, is redirected from the SITE page to the payment page, managed directly by Stripe or PayPal. Note that Stripe or PayPal claim both to adhere to high security standards, such as the advanced security protocols HTTPS and TLS whereby all data entered and transmitted during transitions is encrypted, and to comply with new European Union regulations on Strong Customer Authentication (SCA) for online card transactions in the European Economic Area (EEA), such as the 3D Secure (3DS) protocol that increases customer security by introducing a two-factor authentication mechanism when using credit or debit cards to pay online.
ARTICLE 6 – PRICES
Prices of all products offered for sale on SITE include VAT. Prices of products available for sale are shown in Euros. Shipping costs are not included in the purchase price. Shipping costs are charged to the CUSTOMER (unless otherwise indicated in the order) and are indicated and calculated at the conclusion of the purchase process before payment is made.The total amount to be borne by the CUSTOMER will be shown in the Shopping Cart and on the order summary page displayed upon completion of the relevant procedure.
SELLER reserves the right to change the prices of the products offered for sale on SITE at any time and without notice. CUSTOMER will be charged the prices published on the SITE at the time CUSTOMER submits the order, subject to the provisions of Article 4 in case of non-availability of products.
In the event of computer, technical, or any other error that may result in a substantial change, not anticipated by SELLER, in the retail price, making it exorbitant or clearly derisory, the purchase order shall be considered invalid and cancelled and the amount paid by CUSTOMER shall be refunded within 14 (fourteen) days from the day of cancellation.
ARTICLE 7 – RIGHT OF WITHDRAWAL
Pursuant to Art. 206 of 2005, if the customer is a natural person who purchases the goods for purposes not related to his professional activity, he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty within the period of 14 days. The withdrawal period expires after 14 (fourteen) days from the day on which the physical possession of the goods is acquired by the customer or person designated by him/her.
In the case of multiple purchases made by the customer in a single order and delivered separately, the 14 (fourteen) day period starts from the date of receipt of the last product.
The CUSTOMER who intends to exercise the right of withdrawal shall notify the SELLER by means of an explicit statement, which may be sent by registered mail with return receipt or e-mail to sales@dicelair.com
The CUSTOMER may use the model withdrawal form, set out in Annex I, Part B , Legislative Decree 21/2014, the text of which is reproduced below, or any other explicit statement containing the decision to withdraw from the contract.
Template withdrawal form pursuant to Article 49(1)(h)
(Complete and return this form only if you wish to withdraw from the contract)
To: Expolinker SRL
Via San Cristoforo, 76 – 36030 – Costabissara (VI)
e-mail: sales@dicelair.com
I/we (*) hereby notify/notify (*) the withdrawal from my/our (*) contract of sale of the following goods/services (*)
– No. Order
– Ordered on (*)/received on (*)
– Name of consumer(s)
-Address of consumer(s).
– Signature of consumer(s) (only if this form is submitted in paper version)
– Date
(*) Delete unused wording.
To comply with the withdrawal period, it is sufficient that you send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
If you withdraw from this contract, you will be refunded all payments made to us, including delivery costs except for any additional costs resulting from CUSTOMER’S choice of a type of delivery other than the least expensive type of standard delivery offered by us.
In case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 (fourteen) days from the day on which he communicated to the SELLER his desire to withdraw from the contract pursuant to Article 57 of Legislative Decree 206/2005. The costs of returning the product subject to withdrawal shall be borne by the CUSTOMER. It is understood that in case of a product defect, the shipping costs for the return will in any case be borne by the SELLER. The CUSTOMER must in that case contact the SELLER to agree on the terms and logistics of the return of the product.
The goods must be returned by the CUSTOMER to the following address:
Receiver: Expolinker SRL
Address: Via San Cristoforo, 76
City: Costabissara
C.A.P.: 36030
Province: (VI)
With regard to the return of the product subject to withdrawal, the SELLER assures its customers the possibility of using a carrier that has an agreement with the same. In the event that the CUSTOMER decides to use such service, the SELLER shall not be responsible for the loss of products, shipments to wrong addresses or delays in the delivery of products, it being understood that the CUSTOMER assumes all risks and costs of such shipment.
The goods must be returned undamaged, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.). The SELLER will verify whether the returned products are indeed in their original condition. If the products returned by the CUSTOMER are damaged, incomplete deteriorated and/or dirty, it will notify the CUSTOMER without delay but it is understood that they will not be refunded by the SELLER.
The CUSTOMER is responsible only for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods (Art. 57 Legislative Decree 206/2005).
In accordance with the provisions of Article 59 (Exceptions to the Right of Withdrawal) of the Consumer Code, the consumer CUSTOMER may not exercise the right of withdrawal, for example but not exhaustively, for custom-made or clearly personalized products, or for the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications.
Without prejudice to the right to verify compliance with the above, SELLER will refund the amount of the products subject to withdrawal within a maximum period of 14 (fourteen) days from receipt of the notice.
As provided for in Article 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, SELLER may suspend the refund until receipt of the goods or until CUSTOMER demonstrates that it has returned the goods to SELLER.
The SELLER will make the refund using the same means of payment chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his/her right of withdrawal, he/she must provide the SELLER, by accessing the contact us section or by sending an email to sales@dicelair.com, with the bank details (IBAN, SWIFT and BIC) or the PayPal account email, necessary to carry out the refund. In any case, the CUSTOMER shall not incur any cost as a consequence of such refund.
Any differences between order and product delivered to customer
Upon receipt, the CUSTOMER must without delay check the products to ensure that they correspond to the items ordered. Any anomaly found upon delivery (by way of example, tampering with or damage to the package) or of the contents of the package (products other than those ordered, missing items, etc.) must be indicated, when possible, on the delivery document in the form of an express reservation signed by the CUSTOMER. The CUSTOMER himself/herself must in any case report the difference found to the SELLER within 3 (three) working days after receipt. Should a difference be ascertained between the order placed and the product shipped, the CUSTOMER shall have the right to request the execution of the order subject to the return of what has been received and except in the case of the unavailability of the products ordered. The SELLER shall always have the right to propose the shipment of different items of the same nature or, alternatively, to refund any difference in price.
ARTICLE 8 – LEGAL GUARANTEE OF CONFORMITY
All products sold to the CUSTOMER by the SELLER are covered by a 24-month warranty for conformity defects, pursuant to Legislative Decree 206/05. The SELLER is liable to the consumer for any lack of conformity existing at the time of delivery of the goods. In case of lack of conformity, the consumer has the right to the restoration, without cost, of the conformity of the good by repair or replacement (he may request, at his choice, the SELLER to repair the good or to replace it, without cost in both cases, unless the remedy requested is objectively impossible or excessively onerous compared to the other) or to an appropriate reduction of the price or termination of the contract. The SELLER shall be liable when the lack of conformity becomes apparent within a period of two years after delivery of the goods. The CUSTOMER shall forfeit his warranty rights under Article 130 of Legislative Decree 206/2005 if he does not report the lack of conformity to the SELLER within the term of two months from the date on which he discovered the defect. Unless proven otherwise, defects of conformity arising within six months of delivery of the goods shall be presumed to have existed on that date, unless such assumption is inconsistent with the nature of the goods or the nature of the defect of conformity. The action aimed at asserting defects not maliciously concealed by the SELLER shall be prescribed, in any case, within the term of 26 months from the delivery of the good; however, the CUSTOMER, who is sued for the performance of the contract, may always assert the rights referred to in Article 130, paragraph 2, provided that the lack of conformity has been reported within two months from the discovery and before the expiration of the term referred to in the preceding sentence.
In order to exercise the aforementioned right, the CUSTOMER shall open a return file by informing the SELLER by registered mail with return receipt or e-mail at sales@dicelair.com ; in such return file, the CUSTOMER shall provide the SELLER with all the information necessary or requested by the SELLER to identify the sales order, the delivered products and their lack of conformity.
The SELLER, in the event of a defective or nonconforming product, will, at its own expense, arrange for the withdrawal of the product, subject to CUSTOMER’s availability.
ARTICLE 9 – COMMERCIAL WARRANTY
Some products presented on SITE may benefit, in addition to the legal warranty of conformity referred to in the previous article, from a commercial warranty whose duration is mentioned on the product sheets of the items.
For technology products under warranty only the manufacturer’s warranty conditions apply.
To take advantage of warranty service, CUSTOMER shall retain any documentation that may be requested by SELLER and indicated on the product sheets or other section of SITE.
ARTICLE 10 – DELIVERY METHODS AND LIMITATIONS
The SELLER will only accept orders to be delivered in the territory of Italy and the Republic of San Marino. The products will be delivered by courier or mail to the address indicated by the CUSTOMER in the on-line purchase order form as soon as possible and in any case no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by the SELLER. The SELLER will make every effort to deliver the products to the CUSTOMER as soon as possible, and to this end reserves the right to split an order into several shipments according to the availability of the items.
SELLER will not result in the shipment of any order addressed to a P.O. Box nor will SELLER accept any order in which it is not possible to identify the person who placed the order, the recipient of the products ordered, or the delivery address.
When the goods are shipped, a message will be sent to the CUSTOMER’s e-mail address indicating the method and details of the shipment. Details of the shipping methods used by the SELLER and their methods, times and costs can be found on the “Shipping Times, Costs and Methods” page of the SITE. The CUSTOMER is required to view that page for proper enjoyment of the shipping and delivery service.
In case of problems or delay in delivery more than 5 (five) working days after the date indicated in the order confirmation email, customers are requested to report the fact to the SELLER using the email sales@dicelair.com
ARTICLE 11 – RESPONSIBILITY
SELLER assumes no liability for inefficiencies attributable to force majeure or fortuitous events, even where dependent on malfunctions and disruptions of the Internet network, in the event that it fails to execute the order within the time stipulated in the contract.
ARTICLE 12 – ACCESS TO THE SITE AND INTELLECTUAL PROPERTY RIGHTS
CUSTOMER has the right to access the SITE for the purpose of browsing and making purchases. No other use, particularly commercial, of the SITE or its contents is permitted.
The contents and elements of the SITE, whether aural or visual, such as but not limited to, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, posted on the SITE, including menus, web pages, graphics colors, diagrams, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software that are part of the SITE, are protected by copyright and copyright and any other intellectual property rights of SELLER and other right holders. Trademarks appearing on this SITE are governed by Italian and European trademark protection laws. Reproduction, in whole or in part, in any form whatsoever, of the SITE of its contents is prohibited without the express written consent of SELLER.
ARTICLE 13 – COOKIES
The SITE uses ”cookies”. Cookies are files consisting of portions of code installed within the browser that assist the SELLER in providing a personalized service to its customers and according to the purposes described in the “Cookie Policy”, which can be viewed in the appropriate section of the SITE. SELLER shall inform the CUSTOMER of the possibility to disable the creation of such files. It is understood that this may prevent the CUSTOMER from proceeding to ‘purchase online.
When Cookies are installed on the basis of consent, that consent can be freely revoked at any time by following the instructions in the “Cookie Policy”
Privacy Policy
All personal data are treated confidentially according to the guidelines contained in the “Privacy Policy,” which can be viewed in the appropriate section of the SITE.
ARTICLE 14 – INTEGRALITY
These Conditions consist of the entirety of their component clauses. If one or more of the provisions of these Conditions is deemed invalid or declared invalid under law, regulation, or following a decision by a court having jurisdiction, the other provisions shall continue in full force and effect.
ARTICLE 15 – APPLICABLE LAW AND COMPETENT COURT
These Conditions are subject to Italian law.
Any dispute that is not amicably settled shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
In case of disputes with professional buyers, the place of jurisdiction will be Vicenza.
In any case, you may optionally have recourse to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr
Terms and Conditions of Sale and Use of the Site updated November 10, 2024
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TERMS AND CONDITIONS OF SALE AND USE OF THE SITE FOR RESELLERS
GENERAL PROVISIONS
These Terms and Conditions of Sale and Use of the Site, hereinafter referred to as the “Terms,” apply exclusively between:
the company Expolinker SRL, with registered office in Via Groppino, 19 – 36100 Vicenza (VI), REA VI – 394501, VAT number 04303460242, hereinafter referred to as ”EXPOLINKER” or ”SUPPLIER”
e
any person who makes online purchases from the website www.dicelair.com (hereinafter referred to as “SITE”) for commercial or professional purposes hereinafter referred to as ”RESELLER” or “CUSTOMER.”
Hereinafter, the CONTRACTOR and the RESELLER are referred to as the “PARTIES”
These Conditions may be subject to amendment or supplementation of the text by the PROVIDER at any time, and the date of posting of these Conditions on the SITE shall be equivalent to the effective date. In any event, the VENDOR shall be bound by the Conditions in the text in effect at the time of the relevant purchase.
Registration to the site and acceptance of these Terms and Conditions of Sale and Use of the Site.
In order to make purchases on the SITE as a professional, the RESELLER must first register on the SITE and provide the information for identification as any non-professional user; then he/she must access the “My Account” area of the SITE and necessarily fill in and save all the required fields (including the optional ones that may be requested by the SUPPLIER) for the identification of the billing and shipping address by selecting the “Change Address” section. Then the RESELLER in order to be registered on the SITE as a professional and be able to access the discounted prices and the catalog for professionals will have to submit a written request to the SUPPLIER at the email address sales@dicelair.com attaching a copy of the ordinary Chamber of Commerce view of his company indicating the “User Name” and “Email Address” with which he registered. The SUPPLIER may request additional information from the RESELLER should it deem it necessary for proper identification.
The registration on the SITE of the RESELLER as a professional entity and the creation of the relevant account are subject to exclusive approval and activation by the PROVIDER.
By registering on the SITE, the RESELLER agrees to read and accept these Terms and Conditions and the Privacy Policy, particularly the pre-contractual information provided by the CONTRACTOR.
By registering for the SITE, the RESELLER approves and agrees that these Terms shall govern any future distance sales via internet, email or telephone, of the products presented on this SITE and offered for sale by the CONTRACTOR unless otherwise approved by both PARTIES in writing. In certain specific cases, to the exclusive acceptance and approval of the CONTRACTOR, any changes to these Terms and Procedures may be discussed with the RESELLER and approved by both PARTIES. In the event that such changes are not approved by both PARTIES in writing the RESELLER hereby accepts these Conditions as prevailing.
ARTICLE 1 – SUBJECT OF THE CONTRACT
By these Terms and Conditions, the PROVIDER sells and the RESELLER purchases the tangible movable goods indicated and offered for sale on www.dicelair.com. The sale is concluded exclusively through the Internet network and/or by email, through the access of the RESELLER to the SITE and the realization of a purchase order according to the procedure provided by the SITE itself and by these Conditions.
The RESELLER, upon the creation of each new purchase order, by placing a flag in the check-out page in the box indicated for acceptance of the Terms and Conditions of Sale and Use of the Site required for the creation of the order, acknowledges that it has reviewed whether these Terms and Conditions have been amended or supplemented in wording by the CONTRACTOR, and that it accepts any amendments and additions. The CONTRACTOR at its discretion shall give prior and timely notice to the RESELLER of any changes or additions to these Terms by email or by a message on the SITE.
ARTICLE 2 – PROCEDURES FOR PURCHASING
Creation of Orders and Restrictions
Each sale made by the VENDOR through the SITE may be for one or more products, subject to any availability limitations as discussed in the following articles. The RESELLER in order to place an order will necessarily have to log in to its account on SITE.
The RESELLER, by selecting the items of his/her interest, will include those products in his/her Shopping Cart. A brief summary description of the selected products will be displayed in the same Shopping Cart. The RESELLER is required to verify the accuracy of the contents of the Shopping Cart before confirming the order by completing the online purchase order form. The purchase procedure is completed when the RESELLER selects the “MAKE ORDER” or “CONTINUE ON PAYPAL” option on the order summary page displayed upon completion of the relevant procedure. At that time, the order is sent directly to the VENDOR for acceptance by the VENDOR and cannot be further modified or cancelled by the VENDOR. Such order confirmation constitutes proof of validation of the order with “obligation to pay” by the RESELLER.
All orders are subject to acceptance by the CONTRACTOR.
The CONTRACTOR reserves the right to reject purchase orders from a RESELLER that the CONTRACTOR deems unsuitable to fulfill its obligations. Prior to executing the contract, the CONTRACTOR shall have the right to verify the orders transmitted by the RESELLER in order to ascertain any conduct that does not comply with these Conditions, any fraud in the use of credit cards, or abnormal purchases. In particular, the CONTRACTOR shall have the right to terminate the contract and, consequently, to cancel the order and to return to the RESELLER any amount paid by it and due to it, if:
- the credit card used for payment is cloned or there is reasonable doubt that the purchase was not made by the cardholder or in the event that the credit card issuer informs the CONTRACTOR that the card has been blocked;
- is not made the advance transfer within 7 days from the date of order.
- the order transmitted by the RESELLER presents a character of anomaly in relation to the type and/or quantity of products purchased or the frequency of purchases made;
- on the date of purchase the RESELLER is in default of its obligations arising out of or otherwise connected with the performance of a previous contract concluded with the CONTRACTOR.
The RESELLER, prior to the conclusion of the purchase contract, views the characteristics of the goods which are illustrated in the individual product sheets at the time of selection by the RESELLER; these product sheets contain the description, photographic images and highlight the unit price, colors and different sizes or sizes available.
CONTRACTOR makes every effort to describe and present the items sold on SITE in the best way possible. Nevertheless, some errors, inaccuracies or minor differences between the product depicted on the SITE and the actual product may become apparent. Furthermore, the photographs of the products presented on the SITE do not constitute a contractual element, as they are to be considered representative only. The images and photos on the SITE may give, also due to the quality of color resolution with which the terminal or screen used by the RESELLER is equipped, partially different representations from the real products placed on sale, including their dimensions and proportions. The RESELLER shall therefore refer to the technical indications (e.g. components, dimensions, pantones, etc.) if any included in the description taking into account the fact that the VENDOR does not guarantee the exact correspondence of the graphic representations of the products shown on the SITE.
ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
After confirmation by the RESELLER of the order, it will receive an automated e-mail confirmation of the order as placed by the RESELLER. The RESELLER agrees to verify the accuracy of the personal data contained in the above email and to promptly notify the VENDOR of any corrections/changes to be made.
Such first automated order confirmation email does not count as confirmation of the final order quantity by the CONTRACTOR. In fact, even after the automated order confirmation email sent by the CONTRACTOR, there may be cases of partial or total unavailability of the goods as indicated in Article 4 of these Conditions. In this eventuality, or for other causes and reasons that are at the CONTRACTOR’s sole discretion, the original order will be rectified by the CONTRACTOR with the cancellation of the individual unavailable product(s). In such circumstances, the CONTRACTOR at its own discretion shall offer the RESELLER the option of choosing the placing of the order with a different item(s) in place of the unavailable one(s) or waiting for the delivery of the ordered product(s) within the maximum time limit of 30 (thirty) days from the date of sending the email approving the order, i.e., its placing in processing, or the refund of the difference in amount, if any, already paid within a maximum time limit of 15 (fifteen) days.
Subsequently, the CONTRACTOR will send the RESELLER a new email confirming the order in process, i.e., the final order approved by the CONTRACTOR. Therefore, it is advisable that the RESELLER, in case he chooses payment by bank transfer, should do so only after receiving an email confirming the order in process, i.e., the final order approved by the SUPPLIER.
Shipping charges are the responsibility of the RESELLER, unless otherwise agreed with the SUPPLIER, and are indicated and calculated automatically at the time of automated order creation and indicated in the automated order confirmation email in the first instance. Later during the review and approval of the final order the shipping costs will be recalculated by the SUPPLIER and the RESELLER will be informed with the confirmation email of the order being processed, i.e. the final order approved by the SUPPLIER. The total amount to be paid by the RESELLER will be highlighted in that email and will still be viewable upon completion of the relevant procedure in the “My Orders” section of the CUSTOMER’s account.
The CONTRACTOR undertakes to deliver the goods as soon as possible by express courier, unless otherwise agreed with the RESELLER for a different modality, and in any case within 30 days starting from the sending by the CONTRACTOR to the RESELLER of the e-mail confirming the final approval of the order, i.e. the placing of the order in processing.
Preorders
It is possible to purchase pre-order products where an estimated release date is sometimes expressed; this date is changeable for different reasons not dependent on the SUPPLIER and does not make the contract void.
It is not possible within the same order to purchase items that are available and others that are on pre-order; if the RESELLER wants to purchase products on pre-order, it will necessarily have to create an order where only products on pre-order appear. This procedure has been established by the CONTRACTOR to safeguard the interests of the RESELLER because it allows better management of the amount paid by the RESELLER for products on pre-order.
The order amount will be charged immediately after its confirmation by the CUSTOMER and the order will be put into processing by the CONTRACTOR for execution only after payment has been made and collected; therefore, it will not be possible to use cash on delivery, if it is available, for pre-orders unless otherwise agreed between the PARTIES.
The CONTRACTOR undertakes to deliver the goods as soon as possible from the estimated date of release by express courier, unless otherwise agreed with the RESELLER for a different modality, and in any case within 30 (thirty) days commencing from the estimated date of release.
Quotations and their validity
In the event that the RESELLER wishes to request a quote for large quantity supplies, it may make such request to the CONTRACTOR by sending an email to sales@dicelair.com; the CONTRACTOR will, at its discretion, send an email quote indicating validity. If the CONTRACTOR’s offer does not indicate a period of validity this will be considered 15 (fifteen) days from the date the email is sent to the RESELLER of the quote.
ARTICLE 4 – AVAILABILITY OF PRODUCTS
The RESELLER acknowledges that stocks of products offered by the VENDOR through the SITE are limited. Products considered available for purchase by customers are viewable on SITE. Occasional inconveniences may occur with respect to the availability of certain products. Product availability refers to actual availability at the time the RESELLER places the order. Such availability should, however, be considered purely indicative since:
- products may be sold to other customers prior to order confirmation, due to the simultaneous presence of multiple users on the SITE;
- an IT anomaly could occur such that a product is available for purchase that in fact is not.
CONTRACTOR reserves the right to change or update the products, or their specifications, offered on SITE at any time, without prior notice.
ARTICLE 5 – PAYMENT METHODS
Any payment by the RESELLER may be made, unless otherwise agreed in writing with the CONTRACTOR, only by:
- Credit Cards supported by the payment service provided by Stripe or PayPal Inc;
- Payment by Paypal;
- Payment on delivery by Cash on Delivery handled by the shipping carrier, subject to the limits established by it. This method of payment cannot be used for pre-orders unless otherwise agreed with the SUPPLIER.
- Bank transfer to be made to the following bank account:
- Owned to : Expolinker SRL
- Bank: Unicredit (Branch: Vicenza-D’Alviano)
- IBAN: IT04Z0200811803000106020666
- BIC: UNCRITM1N19
Unless otherwise specified, this Web Site processes all credit card, PayPal and wire transfer payments through external payment service providers. In general, and unless otherwise specified, the RESELLER if necessary is requested to provide payment details and personal information directly to such payment service providers.
This SITE is not involved in the collection and processing of such information: instead, it will only receive a notification from the payment service provider in question about the successful payment. With respect to payment by COD, the SUPPLIER shall instruct the courier service provider to arrange for the same by providing to it only the shipping details provided by the RESELLER at the time of the order; the manner and any additional information by which the courier service provider will collect the COD is handled solely by the courier service provider itself, and this SITE is not involved in the processing of such information: instead, it will only receive notification from the courier service provider in question about the fact that payment has been made.
Credit card transactions are handled securely and reliably through the “Payment Gateway” service of Stripe or PayPal, major players in the industry, both nationally and internationally. The standard mode for Internet payments, provides that the customer, at the time of payment, is redirected from the SITE page to the payment page, managed directly by Stripe or PayPal. Note that Stripe or PayPal claim both to adhere to high security standards, such as the advanced security protocols HTTPS and TLS whereby all data entered and transmitted during transitions are encrypted, and to comply with new European Union regulations on Strong Customer Authentication (SCA) for online card transactions in the European Economic Area (EEA), such as the 3D Secure (3DS) protocol that increases customer security by introducing a two-factor authentication mechanism when using credit or debit cards to pay online.
The shipment of products shall take place only upon confirmation of receipt of the total amount of the order to be paid unless otherwise agreed between the RESELLER and the SUPPLIER in writing.
Ownership of the PRODUCTS will transfer to the RESELLER only upon full payment being made, retention of title remaining in favor of the CONTRACTOR.
ARTICLE 6 – PRICES
The prices of all products offered for sale on SITE are inclusive of VAT. Prices of products available for sale are shown in Euros. Shipping costs are not included in the purchase price.
The PROVIDER reserves the right to change the prices of the products offered for sale on the SITE at any time and without prior notice. The RETAILER will be charged the prices published on the SITE at the time the order is placed by the RETAILER, subject to the provisions of Article 4 in the event of non-availability of the products.
In the event of a computer, manual, technical, or any other error that may result in a substantial change, not foreseen by the SUPPLIER, in the sale price, making it exorbitant or clearly derisory, the purchase order shall be considered invalid and cancelled and any amount paid by the RESELLER shall be refunded within 15 (fifteen) days from the day of cancellation unless otherwise agreed upon between the PARTIES in writing.
For each order placed on SITE, the SUPPLIER issues an invoice for the goods shipped. The courtesy invoice is available and downloadable, subsequent to the processing of the order, in the “My Orders” section of the “My Account” space of the RESELLER. The invoice will contain the information provided by the RESELLER during the purchase process. After the issuance of the invoice, you will not be able to make any changes to the data indicated in it.
ARTICLE 7 – CLAUSE OF CONVENTIONAL EXCLUSION OF WARRANTY, POST-SALES ASSISTANCE AND RETURNS
The products on the SITE and object of this contract are sold in the state of fact, which the RESELLER declares to have verified to its liking, and are not subject to any warranty, on the part of the CONTRACTOR, unless otherwise indicated by the CONTRACTOR as specified in Article 8 below. The foregoing is in derogation from the provisions of Article 1490 of the Civil Code.
The CONTRACTOR at its own discretion reserves the right to, in the event of a defective or nonconforming product, take back the product at its own expense, by requesting the RESELLER to open a Return Practice (as set forth in the “Return Practice” section of this Article).
Any disputes or complaints about alleged defects in the products supplied must be sent in writing by the RESELLER by opening a Return Practice (as set forth in the “Return Practice” section of this Article), within the time limit of 3 (three) business days from the date of delivery of the goods. If no claim is sent by the RESELLER within such peremptory deadline, the products shall be deemed automatically accepted. In the event that the SUPPLIER acknowledges the merits of the claim, it shall be the right of the RESELLER either to purchase the products anyway at a reduced price agreed with the SUPPLIER, or, at the option of the RESELLER, and in any case of failure to agree on such price reduction, to return the products with transportation costs borne by the SUPPLIER. In the latter case, the CONTRACTOR shall return to the RESELLER within 15 (fifteen) days the amounts already paid to him in payment for the disputed batch of products.”
Any differences between order and product delivered to customer
Upon receipt, the RESELLER shall without delay inspect the products to ensure that they correspond to the items ordered. Any anomaly found upon delivery (by way of example, tampering with or damage to the package) or of the contents of the package (products different from those ordered, missing items, etc.) must be indicated, when possible, on the delivery document in the form of an express reservation signed by the RESELLER. The RESELLER itself must in any case notify the SUPPLIER of the difference found within 3 (three) working days after receipt. If a difference is found between the order placed and the product shipped, the RESELLER shall have the right to request the execution of the order upon return of what has been received (as indicated in the paragraph “Return Practice” of this Article) and except in the case of the unavailability of the products ordered. The SUPPLIER shall always have the right to propose sending different items of the same nature or, alternatively, to refund, any difference in price within a maximum period of 15 (fifteen) days.
Practice of Return
The RESELLER shall open a return file by informing the CONTRACTOR by e-mail at sales@dicelair.com; in such return file the RESELLER shall provide the CONTRACTOR with all information necessary or requested by the CONTRACTOR to identify the sales order, the delivered products and their defect.
In this circumstance, the goods shall be returned to the RESELLER at the following address:
Recipient: Expolinker SRL
Address: Via San Cristoforo, 76
City: Costabissara
ZIP CODE: 36030
Province: (VI)
Regarding the return of the returned product, the SUPPLIER assures the RESELLER of the possibility of using a carrier contracted with the RESELLER. In the event that the RESELLER decides to use such service, the SUPPLIER shall not be liable for loss of products, shipments to wrong addresses, or delays in delivery of products, it being understood that the RESELLER assumes all risk and cost of such shipment. If a difference between order placed and product shipped is accepted, the cost of shipping shall be borne by the SUPPLIER.
The goods must be returned undamaged, in the original packaging, complete in all its parts (including packaging and any documentation and ancillary equipment) and complete with the attached tax documentation. The VENDOR will verify whether the returned products are indeed in their original condition. If the products returned by the RESELLER are damaged, incomplete deteriorated and/or dirty, it will notify the RESELLER without delay but it is understood that they will not be reimbursed by the SUPPLIER and the RESELLER will make available and return the goods to the RESELLER and charge the RESELLER for the costs incurred in returning the same by the SUPPLIER. The cost of any return shipment of the goods to the RESELLER shall be borne by the RESELLER.
ARTICLE 8 – COMMERCIAL WARRANTY
Some products presented on SITE benefit from a commercial warranty whose duration is mentioned on the product sheets of the items.
For technology products under warranty only the manufacturer’s warranty conditions apply.
ARTICLE 9 – EXCLUSION OF RIGHTS OF REGRESSION
In the event that the RESELLER must in any way indemnify one of its purchasers, pursuant to Art. 130 of Legislative Decree No. 206 of September 6, 2005, for conformity defects related to the goods supplied by the CONTRACTOR and subject of this contract, the RESELLER hereby waives any recourse action against the CONTRACTOR (or the previous responsible person(s) in the distribution chain) in accordance with Art. 131.
The CONTRACTOR at its own discretion, however, makes itself available to withdraw at its own care and expense the lot of products sold under this contract and replace them with another lot of identical or superior quality, should the RESELLER have to indemnify the purchaser(s) for nonconforming products belonging to such lot. No other compensation or damages of any kind shall be payable by the CONTRACTOR to the RESELLER.
ARTICLE 10 – DELIVERY METHODS AND LIMITATIONS
The SUPPLIER will only accept orders to be delivered in the Italian territory and in the Republic of San Marino. The products will be delivered by express courier to the address indicated by the RESELLER in the on-line purchase order form no later than 30 days from the date of receipt by the RESELLER of the order confirmation e-mail sent by the SUPPLIER. The SUPPLIER will make every effort to deliver the products to the RESELLER as soon as possible, and to this end reserves the right to split an order into several shipments according to the availability of the items.
The CONTRACTOR will not result in the shipment of any order addressed to a P.O. Box, nor will the CONTRACTOR accept any order in which it is not possible to identify the person who placed the order, the recipient of the products ordered, or the delivery address.
At the time of shipment of the goods, a message will be sent to the e-mail address of the SELLER indicating the details of the shipment. If the CUSTOMER is absent at the time of delivery at the indicated location, a notice will bè issued by the courier, following which it will bè the CUSTOMER’s responsibility to make contact as soon as possible with the courier to agree on the terms̀ of delivery. The RESELLER is required to view the shipping methods on the “Shipping Times, Costs and Methods” page of the SITE.
In case of problems or delay in delivery more than 5 (five) working days after the date indicated in the order confirmation email, the RESELLER is requested to report the fact to the SUPPLIER using the email sales@dicelair.com
ARTICLE 11 – RESPONSIBILITY
The CONTRACTOR assumes no liability for inefficiencies attributable to force majeure or fortuitous events, even where dependent on malfunctions and disruptions of the Internet network, in the event that it fails to execute the order within the time stipulated in the contract.
ARTICLE 12 – ACCESS TO THE SITE AND INTELLECTUAL PROPERTY RIGHTS
The RESELLER has the right to access the SITE for the purpose of browsing and making purchases. No other use, particularly commercial, of the SITE or its contents is permitted.
The contents and elements of the SITE, whether aural or visual, such as but not limited to, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, posted on the SITE, including menus, web pages, graphics colors, diagrams, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software that are part of the SITE, are protected by copyright and copyright and any other intellectual property rights of the PROVIDER and other right holders. Trademarks appearing on this SITE are governed by Italian and European trademark protection laws. Reproduction, in whole or in part, in any form whatsoever, of the SITE of its contents is prohibited without the express written consent of the SUPPLIER.
ARTICLE 13 – COOKIES
The website www.dicelair.com uses ”cookies”. Cookies are files consisting of portions of code installed within the browser that assist the SUPPLIER in providing a personalized service to its customers and according to the purposes described in the ”Cookie Policy”, which can be viewed in the appropriate section of the SITE. The CONTRACTOR shall inform the RESELLER of the possibility to disable the creation of such files. It is understood that this may prevent the RESELLER from proceeding with the ‘online purchase.
When Cookies are installed on the basis of consent, that consent can be freely revoked at any time by following the instructions in the “Cookie Policy”
Privacy Policy
All personal data are treated confidentially according to the guidelines contained in the “Privacy Policy,” which can be viewed in the appropriate section of the SITE.
ARTICLE 14 – INTEGRALITY
These Conditions consist of the entirety of their component clauses. If one or more of the provisions of these Conditions is deemed invalid or declared invalid under law, regulation, or following a decision by a court having jurisdiction, the other provisions shall continue in full force and effect.
ARTICLE 15 – APPLICABLE LAW AND COMPETENT COURT
These Conditions are subject to Italian law. In case of disputes, the place of jurisdiction will be Vicenza.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the SELLER declares that he/she has read the Terms and Conditions of Sale and Use of the Site and expressly accepts the following Articles: 2) Procedures for Purchase; 3) Conclusion and Effectiveness of the Contract; 7) Conventional Exclusion of Warranty, After-Sales Service and Returns Clause; 9) Exclusion of Right of Recourse; 12) Access to the Site and Intellectual Property Rights; 15) Applicable Law and Jurisdiction.
Terms and Conditions of Sale and Use of the Site updated November 10, 2024