Terms of service
GENERAL CONDITIONS OF SALES
- OBJECT AND SCOPE OF APPLICATION
The present General Conditions of Sales (hereinafter referred to as "GCS") shall exclusively apply to distance sales of Danghyra products (hereinafter referred to as “Product” or “Products”) provided to private customers through the e-shop on the respective retail website www.danghyra.com (hereinafter “Site”).
These GCS set forth herein may be amended and/or updated at any time; any modifications and/or additions will come force as from the date of publication on the website.
These GCS do not regulate the sale of products or services by parties other than Raceviciute Dangirute that are present on the site through links, banners or other hypertext links. Raceviciute Dangirute is not responsible for the supply of goods and services by third parties.
The reading and acceptance of these GCS by the user-customer is essential for the completion of the purchase procedure.
For any other information, consult the sections:
The Seller of the Products the individual company Danghyra di Raceviciute Dangirute (abbreviated with “Danghyra”), with registered office in Italy, 30123 Venice (VE), Sestiere Dorsoduro 3220, registered at the Chamber of Commerce, of Venice Rovigo, REA number VE - 354022, tax code and n. registration in the Business Register RCVDGR67M65Z135Z, VAT number 03870720269, PEC firstname.lastname@example.org, e-mail email@example.com, phone +39 041.5224195 (hereinafter "Seller").
The sale of the Products is intended exclusively for consumers, as defined in the Italian Consumer Code (Italian Legislative Decree no. 206/2005, “Consumer Code”), considering consumers as natural persons who are acting for purposes which are outside their trade, business, craft or profession (hereinafter referred to as “Customers”).
The Customer must be of age and have the ability to enter into binding contracts: by sending an order through the Site, the Customer guarantees that has reached the age of majority and has the ability to conclude binding contracts.
The Customer is identified through the data entered in the order form and the Seller is exonerated from any responsibility for the possible insertion of false and or invented data.
The Seller keep the right not to fulfil orders arriving from persons who are not “consumers” or orders that do not comply with its commercial policy.
- APPLICABLE LAW
These GCS and the related sales contract between Seller and Customer are governed and interpreted by Italian law and, in particular, by the Italian Consumer Code (Legislative Decree 6 September 2005, No. 206) and by Legislative Decree April 9, 2003, No. 70 on electronic commerce, without prejudice to any mandatory provisions of the Customer's country of residence that may be applicable.
- FEATURES OF THE ITEMS FOR SALE
On the Site, only handmade products manufactured under the “Danghyra” brand, made directly by the Seller in his own laboratory are on sale.
The essential characteristics of the Products are indicated on each product sheet.
The Products may be subject to minor variations in shades due to the craftsmanship of the processing.
The images and colors of the Products displayed on the site may not exactly correspond to the real ones due to the internet browser, monitor or device used by the Customer.
The Seller will not be responsible for any difference due to technical reasons and what is indicated in the product sheet will prevail.
All Products come with a tag containing the description of the essential characteristics and the indications for care and treatment.
- AVAILABILITY OF THE PRODUCT AND TIME OF REALIZATION
Products are handcrafted and are made by the Seller once the order is received from the Customer.
The Seller indicates in the product sheet the information relating to the availability of the same (ie the availability to order) and the estimated production times.
The availability and estimated production times indicated on the Site are to be considered at the time the Customer places the order.
However, these indications are purely indicative and even after the order there may be cases of definitive or temporary unavailability of the Products ordered. In this case, the Customer will be informed by e-mail if the Product is no longer available (definitive unavailability) or what are the waiting times to make the Product available again (temporary unavailability).
In this case, the Customer will be asked if he intends to confirm or cancel the order.
In the event of Products that have proved to be permanently unavailable or in the event of cancellation of the order by the Customer as a result of temporary unavailability, the Seller will refund the amount paid, without being required to pay any type of further compensation.
Some Products may not be available in the Customer's country.
The Seller does not deliver the Products to countries other than those indicated.
PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT
The contract for the sale of the Products must be considered concluded when the Seller receives the payment of the price from the Customer.
To purchase the products, it is necessary to follow the procedure on the site as indicated below:
- select the Products to be purchased by placing them in the cart, by clicking on the appropriate button located near the Product itself and the product card;
- at the end of the selection of the Products, to proceed with the order, click on the cart icon located at the top right of the screen and click on "checkout";
- choose whether to purchase as a registered user (by creating an account on the Site or by accessing the one already created previously) or as a guest user and enter the data necessary to complete the purchase (e-mail, data for shipping, telephone) and continue to allow the calculation of shipping costs;
- continue by clicking on the appropriate button to proceed with the payment, select the payment method (PayPal or card) and enter the required data;
- on the order summary page (containing the summary of the selected Products with their quantities, prices, shipping costs, contacts, shipping details previously entered and the data entered for payment), to make the purchase, click on the appropriate "pay now" or "pay now" button (by clicking, the Customer makes the payment for the Products ordered).
Until payment is made, the data entered by the Customer may be modified by the same.
Once the exact payment has been received, the Seller will send the Customer an e-mail confirming the order (to the address communicated by the Customer in the order form) containing: i) the number and date of the order; ii) detail of the Product (s), quantity, price (s); iii) delivery costs and estimated deadlines; iv) chosen payment method; v) total order amount; v) Customer data; vi) data of the Seller.
The Customer undertakes to verify the correctness of the data in the order confirmation e-mail and to promptly report any errors to the Seller.
If the Customer wishes to change an order after having already received the order confirmation email from the Seller, he is required to contact the Seller without delay by email.
Once the online order has been submitted, the Customer must print, save an electronic copy or keep these GCS as required by Italian Legislative Decree No. 206/2005.
Inserting a Product in the cart does not imply the commitment to complete the purchase of the same.
As long as the Customer has not completed the procedure, he can: i) change the quantity and/or delete the Products already included in the cart; ii) add other Products to the cart; iii) interrupt the purchase procedure.
By placing an order, the Customer declares to have read all the information provided during the purchase procedure, to have understood them and to fully accept the GCS listed here.
These GCS form an integral part of the sales contract concluded between the Customer and the Seller.
If in possession, the Customer will be able to view his account informations, the order history with related details, as well as change his personal informations.
The Seller reserves the right to cancel the order and not follow it up, if the realization of ordered products, or their safe shipment is not possible due omissions or errors in the data entered by the Customer in the order form.
In the aforementioned case the seller will refund any sums already paid by the Customer.
- ARCHIVING METHOD OF THE CONTRACT
The order will be archived in the Seller's database for the time necessary for its execution and, in any case, in accordance with the law. Pursuant to Article 12 of Italian Legislative Decree No. 70/2003, the Seller informs the Customer that each order is kept by the Seller in digital and/or paper form, according to confidentiality and security criteria.
The Seller informs the Customer that this contract can be printed and/or archived on the Customer's devices.
Prices of Products are expressed in Euros and include VAT (where applicable) and any other tax.
All prices of the Products displayed and indicated on the Site constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code, subject to change by the Seller.
Any discount codes are always to be considered non-cumulative, unless otherwise explicitly indicated.
Shipping costs are not included in the sale price of the Product (s) and are charged to the Customer: these costs are calculated and indicated to the Customer before completing the purchase procedure and before paying and placing the order.
Any customs duties, additional charges and customs clearance costs are not included in the sale price of the Product (s) and are charged to the Customer.
Despite every effort, it is not possible to exclude that for some Products an incorrect price is indicated. If the Price indicated on the Site is lower than the correct one, the Customer will be contacted to check whether he still wishes to purchase the Product at the correct price and, in the event of a negative response (i.e. if the Customer does not wish to proceed with the purchase), the order will be canceled.
If the Price indicated on the Site is higher than the correct price, the Order will be followed up by charging only the lower price.
A receipt is issued for each order, which will be sent as an attachment to the shipping confirmation e-mail.
Once the order has been confirmed, it will no longer be possible to change the billing information or issue a new receipt other than the one already issued.
- METHODS OF PAYMENT
Payment on the Site can be made with Visa, Mastercard, Visa Electron, Maestro, American Express or Paypal.
In all cases, payment data is collected through the most advanced technological coding system (SSL) and our store uses a Trustwave and GeoTrust certified secure server to ensure maximum protection.
Payment by card will take place at no additional charge.
In case of card payment, at the same time as the online transaction is concluded, the credit institution will immediately charge the amount relating to the purchase made.
At no time during the purchase procedure, the Seller is able to fully know the information relating to the card used by the Customer, transmitted via a secure connection directly to the website of the bank that manages the transaction. No electronic archive of the Seller will keep such data and will have access only to partial information that the Customer decides to save (for example type of card, card expiry date, holder), insufficient to identify the card but useful to the Customer in case of purchases. subsequent.
In no case can the Seller be held responsible for the fraudulent and improper use of payment cards by third parties.
In case of payment by PayPal, at the same time as the online transaction is concluded, PayPal will immediately charge the amount relating to the purchase made.
- SHIPPING METHOD AND COSTS
The Seller delivers the Products, through couriers identified by him, to the address indicated by the Customer.
Shipping costs and delivery times depend on the country selected for delivery, as detailed in the appropriate "Information on shipments" on the Site.
The Products will in any case be delivered within 30 days from the conclusion of the contract, unless a different term is agreed between the parties.
In no case direct or indirect damages due to delayed delivery may be charged to the Seller.
Delivery costs are charged to the customer and are shown at the time the order is placed.
The delivery costs include shipping insurance for any damage or loss.
In the event of damage to the Product (s), the Customer is required to immediately notify the Seller by e-mail to the address firstname.lastname@example.org.
Upon delivery of the Products by the courier, the Customer is required to check the integrity and the presence of damage to the packaging that are immediately evident (for example: wet box, damaged box, etc.), immediately contesting them to the courier with notation on the delivery note.
Any damage to the packaging and / or the Product or the mismatch in the number of packages must be immediately reported by the Customer to the Seller by e-mail or certified e-mail or whatsapp (attaching the relative photographs certifying what is reported).
If it is not possible to deliver due to the absence of the recipient at the address specified in the order, a second delivery attempt will be made and, in the absence of the recipient, the goods will be deposited at the access point and the Customer will receive a notice, containing an indication of the place where the order is located, the times for collection and contacts.
After 10 days or the different term of stock that was indicated, the goods are returned to the sender. Once the contract is terminated, the total amount paid by the Customer will be reimbursed, less the costs of unsuccessful delivery and the return costs. The termination of the contract and the refund amount will be communicated to the Customer via e-mail.
The Seller is not responsible for any delays in shipment or for any non-shipment due to incorrect information provided by the Customer.
- RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the sales contract, without any penalty and without specifying the reason.
In compliance with the Italian Consumer Code, Customers, in their status of “consumers”, have the right to withdraw from the purchase without being liable to any penalty and without specifying the reason, within the terms of 14 calendar days from receipt of the Products purchased.
In the event that multiple Products have been purchased with the same Order and have been delivered separately, the intention to withdraw may be communicated within 14 days from the date of receipt of the last product.
The Customer must communicate his will to withdraw to the Seller by sending a written communication (also using the appropriate "Return Form" available on the Site) by registered letter with return receipt to the address Danghyra Boutique, Sestiere Dorsoduro 3220, 30123 Venice (VE) - Italy or by e-mail at email@example.com.
The return of the Products that are the object of withdrawal must be performed, at the Customer’s responsibility and expense, not later than 14 days from the day in which the Customer informed the Seller of his/her decision to withdraw from the contract of sale.
The return of the Product (s) must be made by the customer by courier to the address indicated below or by physical delivery upon appointment agreed with the Seller:
Via Della Pila 40
30175 Marghera – Venezia – Italy
All the Products for which the Customer exercises right to withdrawal must be intact and in their original packaging, complete in all parts including packaging materials, any seals that may be applied, and any possible accompanying documentation, such as order reference, delivery note and so fort, hunder penalty of forfeiture of the right of withdrawal.
The returned Products must not have been used, washed, soiled or damaged and must not show signs of use, under penalty of forfeiture of the right of withdrawal.
The costs for the return (including any customs duties, ancillary charges and customs clearance costs) will be borne by the Customer.
Once the integrity of the returned Product has been ascertained, the Seller will reimburse the amount paid by the Customer (net of delivery costs) within 14 days from the day on which the Seller was informed of the decision to exercise the right of withdrawal.
The Seller is not obligated to reimburse until he receives the goods or proof of shipment from the Customer.
The Seller will use the same payment method used for the purchase of the Product (s) for the re-credit.
The return is under the responsibility of the Customer.
In the case that the right of withdrawal no longer applies, and even in the case that the Customer violates wholly or in part the provisions concerning withdrawal, Danghyra will ask the Customer if he wishes to have the Product back, charging the shipping costs and without refunding of the sale price.
The right of withdrawal is also excluded in the following cases:
- customized or tailor-made products;
- sealed goods which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery.
For more information, see the "Withdrawal and Refunds Information" on the Site.
- LEGAL WARRANTY FOR NON-CONFORMING PRODUCTS
For a Customer who is a consumer, In the event of a lack of conformity of the Products, i.e. the presence of flaws or defects or discrepancies of the goods with respect to the one in the sales contract, i.e. unsuitable for the use to which a good of the same type usually serves, discrepancy from the description published on the Site or lack of the promised qualities, the Products are covered by the legal guarantee regarding defects in conformity as described by articles 128 and following of the Italian Consumer Code.
Any faults or malfunctions caused by accidental events or by the Customer's responsibility or by a use of the Product that does not comply with its intended use or as provided in the indications of use, are excluded from the scope of the legal guarantee of conformity
The duration of the guarantee is two years from the moment of delivery of the goods and is valid under the following conditions:
i) the defect occurs within two years from the date of delivery of the Products;
ii) the Customer reports the defect to the Seller within two months of discovery (the complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it);
iii) the Customer presents the commercial purchase document.
The reporting of the defect by the Customer must be made by written communication sent to the Seller by e-mail to firstname.lastname@example.org.
In the event of a lack of conformity, the Customer can request, without charge, the restoration by repair or replacement, at his choice, unless the remedy chosen is objectively impossible or excessively expensive.
Repairs and replacements will be carried out within a reasonable time from the request and must not cause significant inconvenience to the Customer, taking into account the nature of the Product and the purpose for which it was purchased.
The Customer may request an appropriate reduction in the price or the termination of the contract if one of the following situations occurs:
i) the repair or replacement is objectively impossible or excessively burdensome; ii) the Seller has not repaired or replaced within a reasonable time and / or without significant inconvenience for the Customer or it is clear that it does not intend to do so; iii) a lack of conformity occurs despite the Seller's attempt to restore the conformity of the goods; iv) the defect is so serious as to justify the immediate reduction of the price or the termination of the sales contract.
If the lack of conformity is minor, the Customer does not have the right to terminate the contract.
Any costs of returning and/or replacing Products will be borne by the Seller.
The direct action to assert the defects not intentionally concealed by the seller is prescribed within twenty-six months from the delivery of the goods (the Customer who is agreed for the execution of the contract can, however, always assert the rights referred to in this article provided that the lack of conformity has been reported within two months of discovery and before the expiry of two years from delivery).
The warranty is valid provided that the Products have been used correctly, in compliance with any indications of use and recommendations of the Seller.
- COMMUNICATIONS AND COMPLAINTS
Any complaint may be sent by written communication to Raceviciute Dangirute by e-mail to the address email@example.com.
For any problem or anomaly found, before embarking on the complaint route, the Customer is invited to contact the Seller through the appropriate section on the website. In almost all cases, any problem is solved in a couple of days.
- ONLINE DISPUTE RESOLUTION FOR CONSUMERS
We inform you that the European Commission has provided an online platform for alternative dispute resolution (so-called ODR platform - Online Dispute Resolution). this platform can be seized by the European consumer to resolve in a non-judicial way any dispute relating online contracts. Consequently, if you are an European consumer, you can use this platform for the resolution of any dispute or controversy relating the online contract at the following link https://webgate.ec.europa.eu/odr
Through the ODR platform, the consumer user will be able to consult the list of ODR, find the link to the website of each of them and start an online dispute resolution procedure.
In any case, the Customer has the right to apply to the ordinary judge competent for the dispute arising from these GCS, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, where the conditions exist, to promote an out-of-court resolution of disputes relating to consumer relations according to Part V, Title II bis, Italian Consumer Code.
- SAFEGUARD CLAUSE
In the event that one of the clauses of these GCS is null for any reason, this will in no case compromise the validity and compliance with the other provisions of these GCS.
Any dispute relating to the sales contract between the Seller and the Customer stipulated online through the Site must be resolved by the court of the place of domicile or residence of the Consumer Customer or, at the Customer's choice in the event of an action taken by the same, by the Court of Venice.
The languages available are Italian and English. The Italian language prevails.
- MODIFICATION AND UPDATE
These GCS may be modified/updated at any time and the changes will be effective from the date of publication of the same on the Site and in relation to orders submitted after that date.
The Customer is bound only by the GCS in force at the time of purchase.