These General Conditions of Sale relate to the purchase of products of Dirac Srl carried out remotely via telematic network on the website www.alberoair.it – belonging to Dirac Srl, based in Rome, Via Calabria 56 – 00187. Each purchase transaction will be regulated by the provisions of Legislative Decree 185/99, Legislative Decree 206/05. Information directed to the conclusion of the contract will be subject to art. 12 of Legislative Decree 70/03 and. Privacy and data confidentiality will be subject to the Legislative Decree 196/03.
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL SALES CONDITIONS
The contracts for the sale of the products on the Alberoair.it website are considered concluded in the moment when the purchase order made by the customer to Dirac S.r.l. is received and accepted by the latter. Dirac S.r.l. will promptly send the customer a receipt of the purchase order. By submitting their purchase order electronically, the customer declares that he has read and accepted these general conditions of contract and undertakes to observe and respect them in his dealings with Dirac S.r.l.
PERSONAL DATA TREATMENT
Dirac S.r.l. pursuant to art. 13 of Legislative Decree 196/2003 informs that personal and fiscal data acquired also verbally with reference to the commercial relationships established, supplied directly by the interested parties, or otherwise acquired within the company’s activity, will be processed in compliance with the aforementioned regulation , including the confidentiality obligations provided for by the same regulation. In relation to the aforementioned, the rights referred to in article 7 of Legislative Decree no. 196/2003.
Before submitting their purchase order, the Customer is required to carefully read these general conditions of sale. The submission of the purchase order implies their full knowledge and acceptance. Finally, once the online purchase procedure is concluded, the Customer is required to print and keep these general conditions of sale, which have already been viewed and accepted during the concluding phase of the contract.
DEFINITION OF THE ORDER
By sending the order online, the Customer transmits to Dirac S.r.l. a proposal to purchase the product and/or products included in the cart. When the Customer places an online order for the products he has placed in the cart, he agrees to purchase them at the price and terms indicated in these General Conditions of Sale.
Dirac S.r.l. will communicate to the Customer the acceptance and confirmation of the order.
The customer purchases the product at the price indicated therein to which are added the delivery costs specified on the site. The characteristics of the aforementioned product are illustrated on-line in the relative descriptive and technical sheets. Before submitting the purchase order the unit cost of each selected product; the total cost in case of purchase of multiple products; and the related delivery costs are summarized. Once the purchase order has been submitted, the customer will receive from Dirac S.r.l. an e-mail confirming the receipt of the purchase order and containing information relating to the main characteristics of the purchased asset, a detailed indication of the price, delivery costs, applicable taxes and means of payment. The confirmation email also contains a reference to the general contract conditions and information on the the right of withdrawal, annd the conditions and methods of its exercise displayed on the site. Following the approval of Law Decree 4 July 2006 no. 223 “manovra bis” Art. 37 paragraphs 8 and 9, converted with Law 248 of 4 August 2006, which came into force on 12 August 2006, which restores the obligation to communicate the list of customers and suppliers in the event of issue invoice, and Law Decree 78 of 31 May 2010 converted into Law 122 of 30 July 2010, imposes the need to request customers to communicate VAT NUMBER and TAX CODE in the appropriate fields on the site.
The customer can make the due payment by choosing one of the following methods listed.
DELIVERY OF PRODUCTS
The purchased good, together with the relative invoice, is delivered by mail to the address specified by the customer when ordering online. Any specific needs must be proposed by the customer to Dirac S.r.l.. In the event of non-delivery due to the absence of the recipient, at the address indicated by him in the order, the mail service will leave a notice and try again a second time; if the recipient is still absent, the products will be returned to the sender (Dirac S.r.l.).
The purchased good, together with the relative invoice, is delivered by mail to the address specified by the customer when ordering online. Any specific needs must be proposed by the customer to Dirac S.r.l.. It is specified that the shipment of the purchased goods will take place starting from the month of October 2020. This shipping term is clearly indicated on the home page www.alberoair.it and in the product sheet.
In the case of non-delivery due to the absence of the recipient, 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 (Dirac S.r.l.).
GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
Dirac S.r.l. is liable for any lack of conformity that occurs within two years from the delivery of the goods. For the purposes of this contract, consumer goods are presumed to comply with the contract if, where relevant, the following circumstances exist: 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) present the usual quality and performance of an asset of the same type, which the consumer can reasonably expect, taking into account the nature of the asset and, where appropriate, public declarations on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, particularly in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted also for conclusive facts. The consumer forfeits all rights if he/she does not report to the seller the lack of conformity of the product within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it. In any case, unless proven otherwise, it is assumed that the lack of conformity that 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 lack of conformity. In the event of a lack of conformity, the consumer may request, alternatively and without charge, under the conditions indicated below, repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or results for Dirac Srl excessively burdensome pursuant to art. 130, paragraph 4, of the Consumer Code.
The request must be sent in writing, by registered mail with return receipt or by certified e-mail to Dirac S.r.l, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within seven working days since reception of the email. In the same communication, where Dirac S.r.l. has accepted the consumer’s request, Dirac S.r.l. must indicate the methods of shipping or returning the goods as well as the deadline for returning or replacing the defective goods [Nella stessa comunicazione, ove Dirac S.r.l. abbia accettato la richiesta del consumatore, dovrà indicare le modalità di spedizione o restituzione del bene nonché il termine previsto per la restituzione o la sostituzione del bene difettoso.]
If the repair and replacement of the product are impossible or excessively expensive, or if Dirac Srl has not repaired or replaced it within the period referred to in the previous point or, lastly, the replacement or repair previously carried out have caused significant inconvenience to the consumer, the latter may request, at his choice, a reasonable reduction in the price or the termination of the contract. In this case, the consumer must send his request to Dirac S.r.l., which will indicate his willingness to act on it, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, where Dirac S.r.l. has accepted the consumer’s request, Dirac S.r.l. must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, the consumer will be responsible for indicating the methods for re-crediting the amounts previously paid to Dirac S.r.l .
RIGHT OF WITHDRAWAL
In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without having to specify the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
In the event that Dirac S.r.l. (il professionista) has not satisfied the information obligations on the existence, methods and times of return or recall of the asset in case of the exercise of the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and runs from the day of receipt of the goods by the consumer.
If the Purchaser decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt to the address: Dirac S.r.l. Via Calabria 56, 00187 Rome or via certified e-mail to the e-mail address email@example.com.
For the purpose of exercising the right of withdrawal, the communication can validly be replaced by the return of the purchased good, provided it happens in the same terms. The date of delivery to the post office or shipper will prevail between the parties.
The return of the goods must however take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
The Purchaser cannot exercise this right of withdrawal for the purchase contracts for products that have been opened and tampered with by him/her, as well as tailor made goods or clearly personalized and in any other case provided for by art. 55 of the code cons.
The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier.
The Supplier will reimburse the full amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the goods.
With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided in the previous points of this article.
METHODS FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal is exercised by sending, within the aforementioned term, a written communication to the address of Dirac S.r.l. by registered letter with acknowledgment of receipt to the following address: Dirac S.r.l., via Calabria 56.00187 Rome or by certified e-mail to the e-mail address firstname.lastname@example.org.
If the goods have been delivered, the customer is required to return them to Dirac S.r.l. within the term of 15 (fifteen) working days from the delivery date of the goods. The asset must be returned to Dirac S.r.l. complete with every part and any accessory or instruction manual and everything originally delivered to the customer, as well as packed in its original packaging. The returned product must be accompanied by a copy of the receipt of the electronic order. The costs of returning the goods to Dirac S.r.l. are on the customer. If the right of withdrawal is exercised by the customer in accordance with the provisions contained in this clause, Dirac S.r.l. is required to reimburse the sums paid by the customer. In particular, Dirac S.r.l. will proceed free of charge with the transmission of the re-credit order relating to the cost of the goods shipped including shipping costs within 30 (thirty) days from the date on which it became aware of the exercise of the right of withdrawal by the customer. This operation will be carried out by PayPal refund where possible or by crediting the sum to the bank account indicated by the customer. Dirac S.r.l. has the right to reject any product returned in ways other than those specified above, as well as products for which the return costs have not been fully paid by the customer, or the methods and times indicated for the communication of the exercise of the right of withdrawal have not been respected.
EXPRESS TERMINATION CLAUSE
In the event of total or partial non-payment of the purchasing price of the product, Dirac S.r.l. reserves the right to declare resolved this contract by sending a written communication to the customer’s email address – pursuant to and for the purposes of art. 1456 of the civil code.
For any complaints or clarifications, the customer must write to the e-mail address email@example.com
The customer will be contacted for clarification within 3 (three) working days of the request.
APPLICABLE LAW AND COMPETENT COURT
All disputes arising from this contract will be devolved to an attempt at conciliation with the mediation body of the Rome Chamber of Commerce and resolved according to the conciliation regulation adopted by the same.
If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or domicile of choice of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) cod. cons.
This contract is regulated by the Italian law.
19.2. 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 1980 Rome Convention.
19.3 Pursuant to art. 60 cod. cons., the regulations contained in Part III, Title III, Chapter I of the Code are expressly referred to cod. cons.