Art. 1 - Definitions
1.1. The expression "online sales contract" means the purchase and sale contract relating to the Supplier's movable tangible assets, stipulated between the latter and the Purchaser as part of a remote sales system through telematic tools, organized by the Supplier .
1.2. The expression "Buyer" means the consumer who is a natural person making the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The term "Supplier" means the person indicated in the epigraph or the person providing the information services.
Art. 2 - Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the tangible movable goods indicated and offered for sale on the site shop.dessyelettroforniture.it
Art. 3 - Methods of stipulating the contract
3.1. The contract between the Supplier and the Purchaser is concluded exclusively through the Internet by accessing the Purchaser at the address shop.dessyelettroforniture.it , where, following the indicated procedures , the Buyer will formalize the proposal for the purchase of the goods and the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Art. 4 - Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact compilation of the request form and the consent to the purchase expressed through the adhesion sent online or by completing the online form at shop.dessyelettroforniture. it and the subsequent sending of the form itself, always after viewing a web page summarizing the order, printable, which shows the details of the ordering party and the order, the price of the purchased goods, the shipping costs and any additional accessory charges, the payment methods and terms, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2 . When the Supplier receives the order from the Buyer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, which also contains the data recalled in the previous point.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
Art. 5 - Methods of payment
5.1 Paypal - The payment of the products purchased on the site can be made through PayPal. If the user chooses PayPal as a means of payment, he will be redirected to the site of the service provider where he will pay for the products according to the procedure provided by PayPal itself. The data entered on the PayPal site will not be shared or transmitted to Neon Toma Illuminazione Srl, but processed directly by the same payment service provider.
5.2 Bank transfer - Payment for products purchased on the site can be made by bank transfer. The bank details for making the transfer will be indicated both at the time of selecting the payment method and in the order confirmation e-mail. Payment for the Products by bank transfer must be made no later than 5/6 days from the date of the order. After this deadline, the contract can be considered terminated by law.In case of payment by bank transfer, the shipment of the products will be made only after the receipt by Neon Toma Illuminazione Srl of the transfer. Consequently, the delivery terms of the products will start from that date.
5.3 Cash on delivery - Selecting Cash on delivery as method payment, payment will be made at the same time as delivery directly to the courier in charge of delivery. It is possible to pay only by cash and up to € 3000, as this amount is prohibited by current legislation. If the Customer selects this means of payment for an amount exceeding 3,000 euros, he will be contacted by the customer service to establish a different means of payment. The cash on delivery payment method provides for an increase of 5% of the total order which will be indicated in the summary screen of the order before the payment phase.
Art. 6 -
Art. 7 - Prices
7.1. All sales prices of the products displayed and indicated on the website shop.dessyelettroforniture.it are expressed in euros and constitute an offer to the public pursuant to of the art. 1336 of the Italian Civil Code
7.2. The sale prices, referred to in the previous point, include VAT and any other tax. Shipping costs and any ancillary charges (e.g. customs clearance), if present, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before placing the order by the Buyer and also contained in the web page summarizing the order placed.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
Art. 8 - Availability of products
8.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as shipping times.
8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
8.3. The Supplier's computer system confirms the successful registration of the order as soon as possible by sending the User a confirmation by e-mail, in accordance with point 4.2.
Art. 9 - Limitation of liability
9.1. The Supplier assumes no responsibility for inefficiencies attributable to force majeure if it fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.
9.3. Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred. .
9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the purchased products, if he proves that he has taken all precautions. possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
9.5.In no case can the Purchaser be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Supplier
Art. 10 - Liability for defects, proof of damage and compensable damages: the obligations of the Supplier
10.1. Pursuant to art. 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured party, within 3 months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods. .
10.2. The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
10.6. The injured party may request compensation for damage caused by death or personal injury or by the destruction or deterioration of anything other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
10.7. Damage to property referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).
Art. 11 - Guarantees and assistance methods
11.1. The Supplier is liable for any lack of conformity that occurs within 2 years from the delivery of the goods.
11.2. For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist:
- a) they are suitable for the use for which goods of the same type are normally used;
- b) comply with the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model;
- c) have the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or his agent or representative, in particular in advertising or on labeling;
11.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 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.
11.5.In the event of a lack of conformity, the Purchaser may request, alternatively and without 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 excessively burdensome for the Supplier pursuant to Article 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the method of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer's responsibility to indicate how to re-credit the amounts previously paid to the Supplier.
Art. 12 - Obligations of the Purchaser
12.1. The Buyer agrees to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
Art. 13 -
Art. 14 - Causes of resolution
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, have an essential character, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling.
Art. 15 - Communications and complaints
15.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: DESSY SRL - Via Mercalli 5/7/9
Art. 16 - Settlement of disputes
16.1.All disputes arising from this contract will be referred to the Chamber of Commerce of Cagliari and resolved according to the Conciliation Regulations adopted by the same
16.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the consumer's place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
We also inform you, in compliance with art. 14 of Regulation (EU) 524/2013, that the European Commission provides a platform for the alternative extra-judicial resolution of disputes, called ODR, accessible on the website http://ec.europa.eu/
Art. 17 - Applicable law and reference
17.1. This contract is governed by Italian law.
17.2. Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
17.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
Art. 18 - Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject of this contract.