Terms and Conditions of Sale
These General Conditions of Sale concern the purchase of products from Dulcis carried out remotely via computer network on the website www.biscottificiodulcis.com. Each purchase transaction will be governed by the provisions of Legislative Decree 185/99, Legislative Decree 206/05; the information directed to the conclusion of the contract will be submitted to the art. 12 of Legislative Decree. 70/03 and, as regards the protection of confidentiality, will be subject to the legislation referred to in Legislative Decree 196/03 and subsequent amendments.
1.1 The expression “online sales contract” means the sales contract relating to movable tangible goods marketed by Dulcis entered into between the same and the consumer, within the context of a remote sales system using telematic tools, organized from Dulcis.
1.2 The expression “Customer” means the natural person consumer who makes the purchase referred to in this distance contract, for purposes not related to the commercial or professional activity carried out by the same.
2 OBJECT OF THE CONTRACT
2.1 With this contract, respectively, Dulcis sells and the Customer remotely purchases, via telematic tools, the tangible movable property indicated and offered for sale on the website www.biscottificiodulcis.com
2.2 The products referred to in the previous point are illustrated on the website www.biscottificiodulcis.com and described in the relative information sheets; the image accompanying a product may not be perfectly representative of its characteristics, but may differ in colour, size and accessory products.
2.3 These general conditions of sale do not regulate the supply of services or the sale of products made by third parties who use direct connections to the site www.biscottificiodulcis.com through banners or other hyperlinks/links. In no case can Dulcis be held responsible for the provision of services promised by third parties or for the execution of electronic commerce transactions between Dulcis customers and third parties.
2.4 Dulcis reserves the right not to process orders received from users who are not “Customers”, as well as any other order that does not adhere to Dulcis’ commercial policy.
3 CONCLUSION AND CONCLUSION OF THE CONTRACT
3.1 The contract between Dulcis and the Customer as specified above is concluded through the Internet by accessing the Customer at the address ww.biscottificiodulcis.com, where, following the procedures indicated, the Customer will arrive at formalizing the proposal for the purchase of the goods referred to in points 2.1 and 2.2 of the previous article.
3.2 The purchase contract is concluded by completing the following procedure, available in Italian only, which can always be corrected, modified and cancelled, up until the time the order is sent. The customer purchases the product, the characteristics of which are illustrated online in the relative descriptive and technical sheets, at the price indicated therein plus the shipping costs specified on the site. Before forwarding the purchase order, the unit cost of each selected product is summarized, as well as the total cost in the event of the purchase of several products and the relative delivery costs. Once the purchase order has been submitted,
3.3. The guided procedure indicated on the website www.biscottificiodulcis.com is organized as follows:
– by accessing the website www.biscottificiodulcis.com, after registering for the purchase (non-mandatory procedure), the Customer must add the desired products to the cart, complete all the subsequent pages, following the instructions, and electronically send Dulcis the page with all personal data and purchase order;
– the order page contains a link to these general conditions of sale and also contains information on the main characteristics of each product ordered and its price (including VAT), the type of payment you have chosen for the purchase, the conditions for the delivery of the products, the contributions requested for the delivery and transport as well as references to the general terms and conditions for the return of the products purchased online, which must necessarily be specifically accepted with a specific mandatory flag;
– an order will be considered sent and concluded when Dulcis receives the order proposal electronically and the information relating to the order has been preliminarily verified as correct.
3.4 The order sent by the Customer will be binding for Dulcis only if the entire order procedure has been completed regularly and correctly, without any highlighting of error messages by the Internet site, and after sending by Dulcis to the Customer of an e-mail, even automated, confirming the order. The e-mail contains the details of the Customer and of the order, a summary of the general and particular conditions applicable to the contract, the price of the goods purchased, the chosen means of payment, transport costs, applicable taxes and duties, the indication of the right of withdrawal and the shipping address to which the goods will be sent.
3.5 By placing an order, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept these general conditions of sale. By forwarding the order, the Customer expressly acknowledges that this implies the obligation to pay the price and other amounts due in accordance with these general conditions of sale. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point and in the point in question.
3.6 Dulcis reserves the right not to process the order if there are insufficient guarantees of solvency of the payment, if the orders are incomplete or incorrect, or if the products are no longer available. Orders will also not be taken over and processed by Dulcis if it is evident that – in relation to the content of the order itself (price, quantity) a recognizable error has occurred (1431 cc). In the above cases, the Customer will be informed via e-mail that the contract has not been executed and that Dulcis has not confirmed the purchase order with a precise indication of the reasons. In the event that the Customer has already paid the price of the products covered by an unprocessed order, article 9.4 will apply with reimbursement of the sums already paid, unless otherwise agreed between the parties. Dulcis reserves the right not to accept orders if at the time of the same the product is no longer available in stock. In this case Dulcis will send a specific communication by e-mail box. In the event that the Customer has already paid the price of the products subject to an unprocessed order, article 9.4 will apply, unless otherwise agreed between the parties.
3.7 The contract stipulated between Dulcis and the Customer must be considered concluded with the acceptance of the order by Dulcis. This acceptance must be understood as tacit, unless otherwise communicated in any way to the Customer.
3.8 Pursuant to art. 12 of Legislative Decree 70 of 2003, Dulcis informs the Customer that every order sent is stored in digital or paper form at its headquarters, according to criteria of confidentiality and security. The Customer may request a copy from Dulcis at any time.
4 CUSTOMER OBLIGATIONS
4.1 The Customer is required, before submitting his purchase order, to carefully read these general conditions of sale. The forwarding of the purchase order implies their full knowledge and their acceptance.
4.2 Finally, once the online purchase procedure has been concluded, the Customer is required to print and keep these general conditions of sale, which have already been viewed and accepted during the phase of concluding the contract.
5 PROCESSING OF PERSONAL DATA
6 PAYMENT METHODS
6.1 The customer can make the payment due by choosing one of the following methods listed:
– Payment by credit card: In the event that the Customer intends to pay by credit card, he can use the payment procedure with PayPal, or via Stripe, which is suitable for ensuring the confidentiality of the data provided by the customers.
– Payment by bank transfer: Payment by bank transfer can be made using the details that will be sent by e-mail once the order has been confirmed.
– Cash on delivery is not currently available.
6.2 All orders, before being processed, are subjected to authenticity checks directly by the relevant credit card issuing institutions, for the protection of the Customer. If, for whatever reason, it is not possible to charge the amount due, the sales process will be automatically canceled and the sale will be terminated pursuant to art. 1456 of the Civil Code The Customer will be informed by e-mail from Dulcis of the termination of the relationship.
6.3 The communications relating to the payment and the data communicated by the Customer when this is made take place on special protected lines and with all the guarantees ensured by the use of the security protocols foreseen by the payment circuits.
6.4 The total amount of the expenses will be visible before proceeding with the purchase confirmation.
7 DELIVERY OF PRODUCTS AND LIABILITY
7.1 The purchased good is delivered by courier to the address specified by the Customer when placing the online order as better specified above. Any specific shipping needs must be presented by the customer to Dulcis by means of a specific communication inserted in the dedicated forum or to be forwarded at the time of completing the purchase or immediately after and no later than 12 hours to the email address dulcissrl@gmail. com with specific indication of the order number.
7.2 Last but not least, compatibly with the timing of the selected couriers, guarantees the delivery of the goods within 20 (twenty) working days starting from the date of receipt of the confirmation of the successful conclusion of the contract.
7.3 In the event of non-delivery due to the recipient’s absence at the address indicated by him in the order, the courier will leave a notice and try again a second time; if the recipient is still absent, the goods will be returned to the sender (Dulcis). In this case, the Customer must contact Dulcis in order to determine any new delivery.
7.4 The shipped goods will be checked and delivered to the shipper intact and without defects. Dulcis cannot be held responsible in any way for any delays or damages attributable to the shipper’s fault.
7.5 Currently, shipments are also made outside the Italian territory.
7.6 Dulcis assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even when dependent on malfunctions and disservices of the Internet, in the event that it fails to execute the order within the times established by the contract.
7.7 Dulcis will also not be liable for damages, losses and costs suffered by the Customer following the non-execution of the contract for reasons not attributable to it, and unless they depend on Dulcis’s fact or omission, since the Customer is only entitled to the full refund the price paid and any accessory charges incurred.
7.8 Dulcis cannot be held responsible for the information, data and any technical or other inaccuracies that could be contained on the site and inserted by third parties, if they have been communicated by them and have been verified by Dulcis according to the criteria of the ordinary diligence.
7.9 Dulcis assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it demonstrates that it has adopted all the possible precautions on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
7.10 The Purchaser declares to have full capacity to act and stipulate a contract for the purchase of products and/or services on the Website on the basis of these General Conditions of Sale. Dulcis cannot under any circumstances be required to verify the ability of visitors and Buyers of the Website to act. In the event that a person not having the necessary capacity to act (for example a minor) places an Order on the Website, Dulcis may legitimately refuse to finalize the Purchase Order.
8 WARRANTY OF CONFORMITY AND DEFECTIVE PRODUCTS
8.1 Dulcis sells high quality products. In any case, we remind you that the legal guarantee of conformity for the goods is required by law to protect the customer. In case of receipt of products that do not comply with the sales contract between the parties, pursuant to articles 129 et seq. of the Consumer Code, the Customer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was found by sending a certified email to the box email@example.com. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
8.2 In any case, unless proven otherwise, it is presumed that the lack of conformity which occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
8.3 In the event of a lack of conformity, the Customer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is, last but not least, excessively burdensome pursuant to art. 130, paragraph 4, of the Consumer Code.
8.4 The request must be sent in writing, by means of a note to be sent to the certified e-mail box firstname.lastname@example.org or by registered mail, to Dulcis Srl Zona Industriale Lotto 27, 08023 Fonni (NU), P .IVA 01222610915, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, if the Customer’s request has been accepted, Dulcis will have to indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
8.5 If the repair and replacement are impossible or excessively expensive, or Dulcis has not repaired or replaced the goods within the term referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Customer , the latter may request, at his choice, an appropriate reduction of the price or the termination of the contract. In this case, the Customer must send his request to Dulcis, according to the methods indicated above, which will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within seven working days of receipt.
9 RIGHT OF WITHDRAWAL AND RETURNS POLICY
9.1 The Customer has the right to withdraw without any penalty and without specifying the reason, within fourteen days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.
10 EXPRESS TERMINATION CLAUSE
10.1. In the event of total or partial non-payment of the purchase price of the property, Dulcis reserves the right to declare pursuant to and by effect of art. 1456 of the civil code terminated this contract by sending a written communication to the customer’s e-mail address.
For any complaint or clarification, the customer must contact the e-mail address email@example.com and leave his mobile phone number. The customer will be contacted for clarification within 3 (three) working days of the request.
12 APPLICABLE LAW AND JURISDICTION
This contract is regulated by the Italian law. The exclusive jurisdiction and forum for any legal action brought by the Customer pursuant to this guarantee or any further legal guarantees will be that of Sassari.