TERMS AND CONDITIONS OF SALE
1. Introduction
The terms and conditions of sale detailed below (the “General Terms and Conditions of Sale”) specify the terms and conditions for the sale of “DiLisa” branded products (hereinafter, respectively, “Product” and/or “Products”), offered by Idea Ricami, a limited liability company established under Italian law with registered office at Via Roma, 140, 36040 Torri di Quartesolo VI, Italy, VAT registration number: 02376770240, Taxpayer ID: 02376770240 (hereinafter “Idea Ricami”), owner of the “DiLisa” trademark, through the website www.dilisaofficial.com (hereinafter the “Website”).
1.1. The General Terms and Conditions of Sale are formulated in accordance with the regulations on contracts concluded outside the business premises and, in particular, in accordance with the provisions of the Italian Legislative Decree No. 70 of April 9, 2003 (Implementation of the Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market), as well as of the Italian Legislative Decree No. 206 of September 6, 2005 (Consumer Code), as amended and supplemented, and of the Italian Legislative Decree No. 47/2000, which, by amending Law No. 317 of June 21, 1986 implementing the council Directive 83/189/EEC, includes the sale of goods by electronic means among the economic activities involved.
1.2. The Products offered on the Website are sold directly by Idea Ricami, which manages the logistics, commercial and distribution activities of the “DiLisa” brand.
1.3. The use of the distance selling service governed by these General Terms and Conditions of Sale is reserved exclusively for consumers understood as natural persons acting for purposes not related to their own commercial, entrepreneurial, artisanal or professional activity that they may have carried out, being over 18 years old (or, if minors, authorized by their legal representative). Hereinafter, the aforementioned persons will be referred to as “Customer” in the singular or “Customers” in the plural, in accordance with Article 3(a) of the Consumer Code (Italian Legislative Decree No. 206 of September 6, 2005).
1.4. The purchase of Products is governed exclusively by the General Terms and Conditions of Sale published on the Website and in effect at the time of purchase. Idea Ricami reserves the right to make changes and/or additions to these Terms and Conditions of Sale at any time. Any amendments and/or additions shall be effective only in connection with purchases made after the date of publication of the new version of the General Terms and Conditions of Sale. The replacement of these General Terms and Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and unenforceability against Idea Ricami of the same in relation to purchases made after their removal from the Website.
1.5. The Sale and Purchase Agreements concluded by accessing the Website are governed by the Italian law and in particular by the Italian Legislative Decree No. 70 of April 9, 2003 (Implementation of the Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market) and by the Italian Legislative Decree No. 206 of September 6, 2005 (Consumer Code), as amended and supplemented.
2. Availability of the Products
2.1. The Customer acknowledges that the Products offered by Idea Ricami on the Website are subject to current availability. Idea Ricami reserves the right at any time to change the type and availability of the Products published on the Website without this entailing any liability for Idea Ricami towards the Customers.
2.2. The indication regarding the availability of Products is not binding, it being understood that Products indicated as “not available” cannot be ordered by the Customers. In the event of the unexpected unavailability of one or more Products indicated as available at the time when the Order is placed by a Customer, Idea Ricami, subject to the provisions of Article 2.1, undertakes to promptly notify the Customer by e-mail, proposing if possible an alternative and freezing the payment if made by credit card or PayPal.
In this case, without prejudice to the right of withdrawal referred to in Article 8 below, the Customer may supplement or confirm the Order within 48 hours after receipt of the e-mail by replying to it. If no response is received from the Customer after 48 hours have elapsed, Idea Ricami will proceed to complete the delivery of the available Products. In the case of payment by credit card, Idea Ricami will process the payment at the time of the order and unavailable Products will be refunded immediately to the Customer.
3. Product Purchase and Pre-Ordering Procedure
3.1. Each Product offered for sale on the Website can be viewed via a special link that allows viewing photographic images of the item, as well as its unit price, colors, and different sizes (if any). The estimated delivery dates for the Products expressly referred to on the Website as “Pre-Order”, since they are Products not yet ready for shipment, shall be indicated in the link related to the Product itself.
3.2. The Products chosen by the Customer shall be placed within a special section, hereinafter referred to as the “Shopping Cart”.
3.3. A description of the Products, including measures or sizes (if any), together with one or more photographic images in digital format, allowing for a correct representation of the Products, shall be included in the Customer’s Shopping Cart. If the Products that the Customers intend to purchase are more than one, the same procedure as above must be repeated by clicking on “shop”.
3.4. Although Idea Ricami constantly takes steps in order to ensure that the photographs and images published on the Website faithfully reproduce the original Products, some variations are always possible due to the technical and color resolution characteristics of the device used by the Customer. Idea Ricami specifies that the involved images are used for illustrative purposes only; consequently, Idea Ricami shall not be liable for any inadequacy of the graphic representations of the Products shown on the Website.
3.5. To view the selected Products and the total price of the purchase order, the Customer has to access the Shopping Cart page. The Customer, before confirming its proposed order (hereinafter referred to as the “Order Proposal”, is required to verify the accuracy of the contents of the Shopping Cart and complete the purchase form according to the instructions provided on the Website.
3.6. In order to proceed with the fulfillment of Order Proposals, Customers are invited to register on the Website by creating a Profile, entering all required data and choosing a password to access, even at a later time, their Profile.
The Customer also has the option of quickly proceed to submit the Order Proposal through the quick check-out procedure, which allows the Customer to complete the purchase as a Website guest. To complete this procedure, simply enter your first and last name, an e-mail address, the delivery address for the Products, a telephone number, and the necessary payment information. When using the fast check-out procedure, the payment methods remain the same as in 5.7.
3.7. Having verified the correctness of the data relating to the Product(s) chosen and the “delivery information” and the choice of payment method, the purchase procedure is concluded when the Customer selects the appropriate button for final confirmation of the order, hereinafter referred to as the “Purchase Button”, thus validating their Order Proposal, which shall be sent directly to Idea Ricami. After the Purchase Button is pressed, the content of the Order Proposal can no longer be changed by the Customer.
3.8. Before confirming the Order Proposal, the Customer shall declare that they have read and accepted these General Terms and Conditions of Sale. At the end of the purchase process, the Customer should save or print the General Terms and Conditions of Sale.
3.9. The purchase procedure shall be completed in full; otherwise, the Order Proposal cannot be sent to Idea Ricami.
3.10. Each Order Proposal and the Customer’s data necessary for the purchase shall be stored by Idea Ricami for the period of time and in accordance with the conditions provided for by current regulations.
3.11. Customers who have registered for the restricted area of the Website will be able to check the status of their order by logging in to that area and entering the page relating to their orders.
3.12. The Customer understands that they are responsible for the accuracy and truthfulness of all data entered on the Website or otherwise used in making a purchase. The Customer shall also be aware that on the Website they also have the option of pre-ordering a selection of Products prior to their commercial launch or distribution and marketing. The Customer acknowledges that such Products are not yet available for shipment when the related Order Proposal is sent. Products that can be pre-ordered by the Customer are clearly identified and marked on the Website through the “Pre-Order” label.
3.13. The Customer acknowledges and agrees that if they pre-order a Product, the relevant price shown on the Website and displayed in the Shopping Cart section shall be charged to the Customer in advance, i.e. at the time of receipt of the Confirmation E-mail, as it is defined in Section 4.2 below even though the Pre-Order Product and any customized Product are not ready for shipment at that time.
The Pre-Order Product shall be delivered to the Customer by the estimated relevant date specified on the Product description page.
If the Order Proposal sent by the Customer also contains one or more Pre-Order Products, in addition to the Products already available, the prices of all Products related to such Order Proposal shall be charged to the Customer in advance, i.e. upon receipt of the Confirmation E-mail, even if the Pre-Order Products will be delivered by the last relevant estimated delivery date provided on the Product description pages. All further details regarding payment, delivery and confirmation of Pre-Order Products are specified in the corresponding sections below. The Customer acknowledges and agrees that, except as expressly provided herein for Pre-Order Products, the other clauses of these General Terms and Conditions of Sale shall also apply to Pre-Order Products.
3.14. By submitting Order Proposals, the Customers acknowledge and declare that they have read all the information provided during the purchase process and fully accept the General Terms and Conditions of Sale as well as all additional information contained on the Website.
3.15. Order Proposals shall be stored in the Website’s database in the manner and in accordance with the provisions of the Italian Legislative Decree No. 196 of June 30, 2003 in accordance with the provisions of the information notice on the processing of personal data on the Website and shall be accessible by accessing the folder relating to the Customer own profile containing their personal information (the “Profile”) or by contacting Idea Ricami directly at info@dilisaofficial.com. These data are subject to a retention period not exceeding the pursuit of the processing purposes, as provided for by the Regulation (EU) 206/679 (General Data Protection Regulation – “GDPR”) and the privacy policy published on this Website.
4. Conclusion of the contract
4.1. Following confirmation of the Order Proposal, the order is sent to Idea Ricami for processing and cannot be further modified.
The Order Proposal issued by the Customer shall be accepted by Idea Ricami only if the entire purchase procedure has been completed regularly, without any error notice issued by the Website.
After placing the Order Proposal, the Customer shall receive an e-mail message by means of which Idea Ricami notifies that it has received the Order Proposal. Such an e-mail message shall not be construed as an acceptance of the Order Proposal. The acceptance of the Order Proposal by Idea Ricami and the conclusion of the contract shall take place according to the provisions of section 4.2 below.
4.2. The contract entered into between Idea Ricami and the Customer shall be deemed concluded when the Customer receives one or more confirmation e-mails from Idea Ricami, hereinafter referred to as “Confirmation E-mail”. The Confirmation E-mail shall be sent to the e-mail address indicated by the Customer in the purchase form and/or Profile and shall contain the confirmation and a summary of the conditions of the purchase itself, such as: the description of the Product and its main features, the total price of the order, the confirmation of the successful completion of the payment, including shipping costs, the address to submit any complaints, information on after-sales services, the existence of the right of withdrawal, how to exercise such right as well as the related costs.
4.3. Idea Ricami reserves the right not to accept the Order Proposal issued by a Customer in the following cases:
(a) Non-availability of the Products included in the Order Proposal except as applicable to Pre-Order Products;
(b) Existence of a legal dispute between Idea Ricami and the Customer related to a previous order;
(c) If the Customer on previous occasions has infringed the General Terms and Conditions of Sale or has not fulfilled its obligations;
(d) If the Customer has been involved in or is suspected of illegal or fraudulent activities.
In the aforementioned cases, Idea Ricami shall notify by e-mail to the Customer, within 30 (thirty) days from the date of actual receipt of the Order Proposal, any cancellation of the received orders. In this case, not any Order Proposal shall be deemed accepted by Idea Ricami and no contract shall be deemed to have been concluded between Idea Ricami and the Customer.
4.4. In the case of partial availability of the ordered Product, if the Customer has selected the option to receive the entire Order, they will be asked whether they wish to receive the available Products or cancel the Order completely. If the cancellation is only partial, the Customer shall be charged only the amount for the purchased Products that are actually available.
5. Price and Payment Method
5.1. The prices of the Products are expressed in EUR (€ – euro). The applicable price is the price published on the Website when the Order Proposal is submitted by the Customers.
5.2. The price is inclusive of VAT if the Products are delivered within the European Union.
5.3. The price does not include the shipping costs. Idea Ricami reserves the right to charge Customers a fee for shipping costs, which may vary depending on the type of delivery, the quantity of Products to be delivered, their volume, weight and destination. However, shipping to destinations in Italy is always free.
5.4. The contribution requested by Idea Ricami to cover the shipping costs is indicated, separately from the price, before the Order Proposal is submitted by the Customers and shall be paid by the Customers together with and at the same time as the payment of the price in the manner set forth in Article 6 below.
5.5. Any taxes, duties and other charges imposed by the laws of the State where the Products are shipped and delivered shall be borne entirely by the Customers and paid by them at the time of delivery of the Products, directly to the competent tax or customs authorities or to the carrier in charge of delivery.
5.6. Idea Ricami reserves the right to change the prices of the Products offered for sale on the Website at any time and without notice.
5.7. Idea Ricami only accepts credit cards and other payment methods expressly indicated on the Website and more specifically: Visa, Mastercard, Visa Electron credit or debit card and/or other similar cards and the PayPal system. Idea Ricami reserves the right to change, at any time, the means of payment that may be used by the Customers, it being understood that the means of payment published on the Website when the Order Proposals is submitted by Customers shall be deemed feasible.
Credit card
The Customer may pay using credit cards adhering to the VISA, Mastercard circuits.
Payment shall be made on secure server (SSL) with a 128-bit encryption key. Thanks to this system, all credit card data pass directly to the banking company in charge of the payment collection over a secure encrypted connection. No one within Idea Ricami or on the Internet has access to the Customer credit card information either at the time of submission or thereafter.
The amount is charged to the card as soon as Idea Ricami processes the Order Proposal.
Orders paid for by credit card are the fastest to be processed given that notification of payment to Idea Ricami is instantaneous.
PayPal
PayPal allows any business or consumer having an e-mail address to securely send and receive payments. In case of access to the PayPal site, if the Customer already has a PayPal account it will be sufficient to authorize the payment. On the other hand, if the Customer still does not have a PayPal account, after a free registration and entering their credit card information (even a prepaid card, such as Postepay), the Customer shall be able to make payments to Idea Ricami.
The Customer may also use the bank account to feed the PayPal account from which they shall later make payments. The use of PayPal, as an online payment tool, is free of charge.
5.8. For the purpose of payment by credit card, the Customer confirms and warrants that they are the owner of the credit card used for the purchase and the correctness of all data pertaining to it, entered during the purchase process, such as: its number, expiration date and, if necessary, the security code.
The transaction shall be charged to the Customer only after:
(i) the verification of the credit card information;
(ii) the receipt of the debit authorization from the company issuing the credit card used by the Customer; and
(iii) the confirmation of the Product availability by Idea Ricami and in any case after the order is ready to be processed.
The entire transaction for both orders containing only Pre-Order Products not yet ready for shipment at the time of the Confirmation E-mail and orders containing also Pre-Order Products shall be charged for all Products, including those already available, at the time of receipt of the Confirmation E-mail.
Not any amount shall, therefore, be charged when the Order Proposal is submitted.
5.9. In case of payment through PayPal, upon submission of Order Proposals by the Customers, the Web session shall be transferred to a PayPal secure website. On that site, the Customers may complete the payment of the price and shipping cost contribution using their PayPal account, in accordance with the terms of use of the PayPal service subscribed to by Customers at that time or previously. The price and the contribution for the shipping costs shall be charged to the Customers’ PayPal account when Idea Ricami sends the Order Proposal Confirmation.
5.10. The Customer shall notify Idea Ricami without delay, to the contact e-mail
5.11. At the same time the Order Proposals are sent, Idea Ricami shall send to the Customers the order confirmation document, sent in advance by e-mail to the address entered by the Customer at the time of the Order Proposal. If the Customer needs an invoice, they must enter their taxpayer ID when confirming the purchase, if they are a private Customer, or their VAT number if they are a company. The information provided by the Customers shall be used as basis for the invoicing process. No changes to the invoice shall be possible after it has been issued by Idea Ricami.
5.12. The information received by Idea Ricami shall be used exclusively to complete the procedures related to the purchase and sale of the Products and for the refund procedures in case of exercise by Customers of the withdrawal right referred to in Article 8 below.
5.13. The Order Proposal confirmation document, the invoice, if requested, and the refund receipt, if requested, shall be also available in the Customer’s Profile, if they have created one.
6. Delivery
6.1. Customers shall receive the Products as a single shipment as soon as the Products are ready for shipment, unless the Customer has selected a Pre-Order Product on the Website. In that case, the entirety of the available Products shall be shipped to the Customer and the remaining Products purchased as a Pre-Order shall be shipped when they are made available, through a second shipment.
6.2. Whereas “shipment” of Products by Idea Ricami means the delivery of the Products to the from time to time selected couriers, Idea Ricami is not obligated to ship the Products until it has received the payment of the price; once it has received such payment, Idea Ricami agrees to ship the Products:
(i) in the case of Available Products (as defined in Article 2):
– within 7 (seven) business days after receipt of the debit authorization notice in case of payment by credit card;
– within 7 (seven) business days from when the payment information was made available to Idea Ricami in case of payment by other means than credit card.
(ii) in case of unexpected unavailability of a Product indicated as available when the Order Proposal was submitted by the Customer, Idea Ricami undertakes to notify the Customer by e-mail, proposing if possible an alternative, freezing the payment if made by credit card. In this case Idea Ricami shall give the Customer the opportunity to confirm or supplement the Order Proposal in the manner set forth in Article 1.4 above.
In any case, in accordance with current regulations, the maximum term within which Idea Ricami shall deliver the purchased Products is 30 (thirty) days from the date of conclusion of the contract and except in case of force majeure events. In the event that the relevant Order relates to Pre-Order Products, the delivery date shall be more beyond 30 (thirty) days and Idea Ricami shall deliver such Products on the estimated delivery date or during the estimated delivery period agreed upon with the Customer, as specifically stated to the Customer on the Product description page.
6.3. In the event that Idea Ricami fails to deliver the ordered Products within the aforementioned period, the Customer shall request Idea Ricami to make the delivery within an additional period appropriate to the circumstances, pursuant to the applicable law.
This is without prejudice to the Customer’s right to terminate the contract immediately if the ordered Product is not delivered within any additional specified time period.
6.4. Idea Ricami agrees to use its best efforts to ensure that the Products shipped pursuant to Section 6.3 are delivered by the selected couriers:
– in Italy within 7 (seven) days from the date of shipment.
6.5. The delivery terms cannot, in any case, be considered binding and Idea Ricami, being unable to directly control the deliveries of the Products after their shipment, shall not be held liable in any way for the non-compliance of such delivery terms.
6.6. In order to allow Customers to track the status of their Orders, Idea Ricami generates an order number which, when entered in the “My Orders” section, accessible from all pages of the Website, allows them to check all information regarding the Order Proposal confirmations and shipments. In particular, the Customers shall always be able to check the status thanks to the online “Order Tracking” function provided by the courier chosen by Idea Ricami and/or the Customer for the delivery. Such verification can be done by the Customers only after the Products have been shipped and using the tracking data communicated by Idea Ricami by e-mail or by accessing the Profile that may have been opened. Idea Ricami Customer Service shall provide assistance with any possible delivery-related issues. The Customer may contact Idea Ricami Customer Service by e-mail at: info@dilisaofficial.com.
6.7. The Customers, or other parties appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that:
(i) the Products correspond to what is indicated in the courier’s transport document in terms of both number and type;
(ii) the packaging materials/packages of the Products are intact, undamaged, not wet or otherwise altered, including the sealing materials.
6.8. Any damage to the packaging materials/packages of the Products must be immediately challenged by the Customers by adding a written inspection reservation on the courier’s proof of delivery. It is understood that once the courier’s document has been signed without any challenge, the Customers may no longer raise any objection to Idea Ricami with reference to the external characteristics of what has been delivered. In the event that, after receipt of the Products, the Customer notices that the packaging is ruined or, once the packaging is opened, that the Products were damaged in transit, or are different from the ordered ones or, also, that Products related to the same order are missing, the Customer shall notify Idea Ricami, as soon as possible and, if possible within a period of 6 (six) days from the delivery, to allow Idea Ricami to report the defect to the carrier in accordance with the provisions of Article 1698 of the Italian Civil Code.
6.9. The Products may be delivered by couriers only to Customers or persons entrusted by the latter; the person to whom the Products are delivered shall put a signature to certify the delivery. Couriers do not make deliveries to post office boxes or by placing Products in mailboxes or other similar places, nor shall they accept any order through which it is not possible to identify the individual to whom the order is addressed and their address.
6.10. The Customer shall assume the risk of loss of or damage to the Products only at the time that the Customer, or a third party designated by the latter and other than the carrier, takes physical possession of such Products. If, on the contrary, the loss or damage of the Product occurs before the actual delivery to the Customer or to a third party designated by the Customer, Idea Ricami shall refund to the Customer the amounts already paid.
6.11. The Products sold on the Website may only be delivered to the countries listed below. Therefore, any Order Proposals with shipments to be made outside these countries shall be automatically rejected during the order processing procedure.
List of countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Monaco, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
7. Product Compliance
7.1. Upon delivery, the Products shall be inspected by the Customer in order to ascertain that they correspond to the ordered items and that they do not show any manufacturing defects or conformity defects.
7.2. Should the Products have any defects/shortcomings these must be reported by the Customers directly to Idea Ricami.
7.3. The Products are covered by the legal warranty in the event of non-compliance of the same if such non-compliance becomes apparent within a period of 2 (two) years from the date of delivery, in accordance with the provisions of the regulations in force, and in particular with the Italian Legislative Decree 206/05 (Consumer Code), Articles 128 to 132.
7.4. In the case of non-conforming Products, in case Idea Ricami is not able to offer a replacement or repair, the Customer shall be entitled, at their option, to a price reduction (according to a percentage to be agreed upon with Idea Ricami based on the circumstances) or to the termination of the contract, which shall entail the full refund of the price of the defective or nonconforming Product and shipping costs.
7.5. Defects caused by negligence, shocks, or improper handling, or caused by normal wear and tear of materials or of perishable products are excluded from the conformity warranty outlined in this paragraph.
8. Returns and Refunds – Withdrawal
8.1. The Customer has the right to withdraw in whole or in part from the contract within 14 (fourteen) days from the date of delivery or collection of the Products applying the following procedure:
- The Customer shall notify that they intend to make a return by sending an e-mail to info@dilisaofficial.com specifying the order number and the Pieces they intend to return, stating also the reason for the return;
- The Products shall not have been used, worn, washed, or damaged;
- The Products shall be returned intact, unused, in their original packaging and with all tags and shall be shipped back within 14 (fourteen) working days from the withdrawal notice referred to in this article to Idea Ricami Srl, Via Roma, 140, 36040 Torri di Quartesolo (VI), Italy.
Idea Ricami reserves the right to refuse the return of the Products that are damaged, deteriorated, dirty or are in such a state as to suggest, unequivocally, that they have been used for purposes other than the Customer’s checks strictly necessary to ascertain the nature and characteristics of the purchased Product. In case of refusal of the return, Idea Ricami shall send an appropriate notice to the Customer and shall not proceed to refund the price paid by the same, also reserving the right to claim compensation for any damage attributable to the Customer’s conduct.
8.2. Except as provided in the preceding point, the Customer shall not have the right of withdrawal in the cases provided for in Art. 59 of the Italian Legislative Decree 206/2005 as subsequently amended and modified, and, in particular, if it has purchased Products packaged in accordance with the Customer’s specifications or patently customized.
8.3. The return of the Products shall not involve any penalty for the Customer. Notwithstanding the above, the Customer shall bear the cost of returning the Products, possible custom duties included. The cost of returning the Product(s) is the responsibility of the Customer, who is free to choose their preferred carrier for shipping. Only in the event of product defects attributable to Idea Ricami, or in the event that the delivered Products do not correspond to the order placed by the Customer, in accordance with applicable law, Idea Ricami shall bear the shipping costs for the return of the Product, possible custom duties included.
8.4. In the case of orders containing multiple Products, Idea Ricami shell refund the shipping costs related only to the returned Products in the order that prove to be defective or non-compliant.
8.5. If a goods exchange is requested, the new Product shall be shipped only after the original is received and its conditions are verified. The shipping costs for sending the goods exchange shall be borne by the Customer.
8.6. The refund of the price of the returned Products shall be made by Idea Ricami without delay and in any case within 14 (fourteen) days from the date on which Idea Ricami receives the Product. The aforementioned refund shall be made by crediting back the amount paid by the Customer, which shall occur through the same payment method used for the purchase. Such crediting back operation shall be subject to the timing of the chosen credit institution, which varies depending on whether credit or debit cards were used. The actual crediting of the price refund could take up to a maximum of 7 (seven) calendar days for debit cards and 30 (thirty) calendar days for credit cards.
Idea Ricami shall confirm to the Customer by e-mail that the price has been refunded.
8.7. Idea Ricami shall not be made liable in any way whatsoever in case of non-receipt of the Products.
9. Limitation of liability
Except in cases of willful misconduct or gross negligence, Idea Ricami shall in no way be liable towards the Customer for any indirect or consequential damages that may result to the same from the purchase of Products offered for sale on the Website.
10. Authenticity of Products and Intellectual Property Rights
Idea Ricami guarantees the authenticity and high quality of all Products offered for sale on the Website.
All intellectual property rights, such as trademarks and copyrights, related to the Products sold on the Website (including the contents) are the exclusive property of Idea Ricami.
11. Actions of Idea Ricami
11.1. In the event that Customer commits fraud or attempted fraud against Idea Ricami, or where issues arise related to the payment (e.g. chargeback to Idea Ricami for a transaction not recognized by the credit card holder) and/or where the ordered quantities are considered by Idea Ricami to be abnormal or unusual for personal use (as specified in the definition of Customer), Idea Ricami reserves the right to suspend the Customer’s access to purchasing services for up to a period of two years, or even to cancel the Customer’s Profile depending on the degree of seriousness of the committed actions, without prejudice to the Customer’s right to seek further damages, if any, and possible cancellation of the undelivered order. In particular, and by way of example: in the event of attempted fraud or fraud (e.g.: sending as a return a Product not purchased on the Website, or attempt to evade return charges), or when the ordered quantities are considered by Idea Ricami to be excessively high or unusual for personal use, the Customer shall be notified by e-mail and informed of the detected anomaly. In such cases, the Customer shall have the opportunity to provide their reasons for the incident. Idea Ricami reserves the right to evaluate the reasons indicated by the Customer.
11.2. If Idea Ricami receives a chargeback (i.e., a denial of a charge) from a bank for a purchase not made by the cardholder, it shall proceed as a precautionary measure to immediately delete the account of the Customer who fraudulently used said credit card. Following such deletion, the Customer may contact Idea Ricami to justify what happened and, if evidence are provided showing that they are unrelated to the facts that justified the account deletion and their good faith, Idea Ricami shall proceed at its discretion to reactivate the relevant Profile.
12. Completeness of General Terms and Conditions of Sale
These General Terms and Conditions of Sale, in addition to the conditions published in the Product description on the Website, constitute the sole and express intent of Idea Ricami in relation to the subject matter thereof and supersede and replace any other agreement or contract, either verbal or written, previously concluded between the parties. Any changes shall take place in writing and by mutual agreement between the involved parties. Idea Ricami reserves the right to change, at any time and without notice, the layout and configuration of the Website, as well as the General Terms and Conditions of Sale, also in order to adapt them to the current legislation. Customers shall always have these General Terms and Conditions of Sale available on the Website, and shall be able to freely access them for any consultation they may wish to make. Whenever accessing the Website, the Customers shall carefully read these General Terms and Conditions of Sale as well as the General Terms and Conditions of Use of the Website. In any case, by registering on the Idea Ricami Website as well as by performing any purchase through the Website, the Customer fully accepts these General Terms and Conditions of Sale. The acceptance of the General Terms and Conditions of Sale, from time to time applicable, constitutes a preliminary and indispensable step for the request to purchase any Product made available through the Website.
13. Disputes
13.1. These General Terms and Conditions of Sale are governed by Italian law and shall be construed in accordance with it, without prejudice to any other imperative rule, more favorable to the Customer, understood as a natural person acting for purposes unrelated to a business activity (Article 3 of the Italian Consumer Code), applicable in the Customer’s country of habitual residence.
13.2. In the event of a dispute arising from the interpretation and/or application of these General Terms and Conditions of Sale, the Court having exclusive and mandatory competence shall be that of the place of domicile or residence of the Customer, if located in the territory of the Italian State (pursuant to Article 12 of the Italian Legislative Decree No. 50, of January 15, 1992). If the Customer’s domicile or residence is located in a territory other than that of Italy, the Customer may bring the matter before the Court of their place of residence or domicile or before the Court of Milan (Italy), at their discretion.
13.3. Alternatively, in accordance with Article 14(1) of the Regulation (EU) No 524/2013, the Customer may initiate one of the out-of-court dispute settlement procedures provided for in the current legislation. For this purpose, the Customer may use the online platform made available by the European Commission, which can be accessed via the website http://ec.europa.eu/odr.
14. Errors and/or inaccuracies on the Website
14.1. Idea Ricami is committed to constantly checking the Website in order to avoid the presence of any errors or inaccuracies. However, it is possible that the Website may contain, or may over time contain, errors, inaccuracies, or omissions, some of which may relate to the price and availability of the Product, and the Product information sheet itself.
14.2. Therefore, Idea Ricami reserves the right to correct errors, inaccuracies or omissions contained on the Website even after an Order Proposal has been submitted and also reserves the right to change or update information at any time without prior notice to the Customers.
15. Privacy
Idea Ricami declares and guarantees that Customers’ personal data shall be processed in accordance with the provisions of Italian Legislative Decree 196/03 and subsequent amendments and additions, as well as in compliance with European legislation on the protection of personal data (with reference to the Regulation (EU) 2016/679, “GDPR”) in accordance with the provisions of the information notice on the processing of personal data and the use of cookies published on the Website.
16. Contacts
For any further information and assistance relating to the Website or on how to purchase online and, in any case, for any request for information and/or clarifications with regard to the contents of these General Terms and Conditions of Sale, the Customers may contact Idea Ricami directly through its customer service by writing to the e-mail address info@dilisaofficial.com.