General Terms and Conditions of Sale
Date of publication on the site and entry into force 09/09/2020
1.1. These general conditions of online sale (hereinafter also the "General Conditions") apply to all sales contracts concerning the "Duvetica" brand products (hereinafter "Products” or the singular "Product") concluded between Triboo Digitale S.r.l. - a Company of the Triboo group - with registered office in Viale Sarca 336, 20126 Milan, Italy, tax code, VAT number and registration number in the Milan Company Register 02912880966 (hereinafter "TRIBOO DIGITALE" and/or "Seller") and the user, intended as a consumer pursuant to art. 3 of the Legislative Decree n. 206/2005 ("ConsumerCode") as well as pursuant to article 1.2 below, based on orders sent electronically through the e-commerce site www.duvetica.com (hereinafter the "Site"). The Site, owned by Duvetica International s.r.l., with registered office in Sestiere San Marco 5369/A, 30124 Venice, tax code, VAT number and registration number in the Business Register of Venice Rovigo Delta Lagunare 05132970285 (hereinafter "Duvetica International" and/or "Owner"), is managed by Triboo Digitale S.r.l..
1.2. TRIBOO DIGITALE deals with the sale of the Products through the Site on behalf of the Owner. Purchases of Products made through the Site will involve the parties on the one hand of TRIBOO DIGITALE, as a seller, and on the other hand the subject/user who proceeds to purchase one or more Product(s) for purposes not related to his own business, commercial, craft or professional activity, such as buyer (hereinafter the "Consumer"), (Seller and Consumer will hereinafter be collectively referred to as the "Parties"). The user who is not a Consumer is invited to refrain from concluding commercial transactions on the website www.duvetica.com.
1.3. The Owner is not part of these General Conditions, but he is owner of the rights to the domain name of the Site, the logos, trademarks and designs and/or models, relating to the Products presented on the Site, as well as copyright on the contents of the Site as well as any other intellectual and industrial property rights assigned to him.
1.4. Any communication by the Consumer related and/or referred to the purchase of Products – including notices, claims, requests concerning the purchase and/or delivery of Products, exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and at the e-mail address email@example.com.
1.5. Each purchase is regulated by these general sales conditions in the version published on the Website upon transmission of the order by the Consumer.
1.6. The Website is intended for retail sales and as such, meant exclusively for the use by Consumers. Persons who are not Consumers are invited not to execute purchase orders. The Seller reserves the right not to process orders from subjects other than the Consumer or in any case orders that do not comply with his commercial policy. Should one or more sales of Products be made to individuals who do not qualify as Consumers, these General Conditions of sale shall still apply but, notwithstanding their content:
- a) the buyer will not be able to exercise the right of withdrawal as set forth by art. 10;
- b) the buyer cannot benefit of the Product warranty indicated in art. 8;
- c) no other benefits will be acknowledged to the buyer, provided for herein in favour of the Consumer, which refer or comply with binding laws;
- d) the sales contract between the Seller and the purchaser shall be governed by Italian Law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, Vienna, 1980;
- e) the exclusive place of jurisdiction for any dispute that may arise between the Seller and the non-Consumer subject in relation to the validity, interpretation, execution and termination of these General Conditions or of the sales contract will be that of Milan.
1.7. Upon transmission of the purchase order, the Consumer agrees to receive confirmation of the information concerning the order placed and these general conditions via email at the address specified when registering to the Website or during the purchase process.
1.8. In order to make purchases on the Website, the Consumer must be of legal age (18 years old) and boast legal capacity.
1.9. Any costs incurred for internet connection to the Website shall be borne solely by the Consumer, as shall any telephone charges, according to the Consumer’s standard rates.
- Characteristics of the Products and availability in different geographical areas
2.1. The Products are sold featuring the characteristics described on the Website and according to the general sales conditions published on the Website when the Consumer places the order, excluding any other term or condition. The images and colours of the Products offered for sale on the Site may not correspond faithfully to the real ones due to the settings of the computer systems or devices used by the Consumer to view the Site (for example, due to the effect of the Internet browser and monitor used for access to the Site and viewing the images).
2.2 The Seller reserves the right to modify these general sales conditions at any time, at its own discretion, without any prior notice to the users of the Website. Any changes made will be effective from the date of publication on the Website and will only apply to sales completed from that date.
2.3. Prices, Products on sales on the Website and/or their characteristics may be subject to changes without notice. These changes only apply to orders not yet confirmed on the date of the change itself. In any case, before sending the purchase order pursuant to article 3 below, the Consumer is invited to check the final sale price as well as the characteristics of the Product and/or Products he intends to purchase.
2.4 You can access the Website from around the world. However, products available on the Website can only be purchased by users requesting the delivery in one of the States indicated on the Website.
- Product purchase methods – Fulfilment of each purchase contract
3.1. Presentation of the Products on the Website is not binding for the Seller and is merely an invitation to the Consumer to enter into a purchase contract with the Seller and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller through the Site, with the procedure described in the following article 4, has the value of a contractual proposal and is governed by these General Conditions, which constitute an integral part of the order itself and that the Consumer, by transmitting the order to the Seller, confirms that he knows and accepts in full and without reservation. Before purchasing Products, by transmitting the purchase order, the Consumer will be asked to carefully read these General Conditions of sale and the information regarding returns and refunds, to print a copy using the print button and to memorise or make a copy for personal use. The Consumer will also be asked to check and correct any errors in the personal details entered.
3.3. The Consumer's purchase order is accepted by the Seller by sending to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site or the transmission of the order if the Consumer is not registered on the Site, an e-mail confirming the order itself, which will contain the link to the text of these Conditions, the summary of the order made, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the Product or Products ordered. The Consumer's order, the Seller's order confirmation and the General Conditions applicable to the relationship between the Parties will be filed electronically by the Seller in its IT systems and the Consumer may request a copy by sending an e-mail to the Seller at the address firstname.lastname@example.org.
3.4. Any purchase contract for Products is deemed to be concluded on receipt by the Consumer of the Seller’s order confirmation via email.
- Procedure to select and purchase the Products
4.1. The Consumer can purchase the Products presented on the Website by selecting Products of interest and placing them in the virtual shopping cart. After the selection of the Products, in order to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Site by creating a new account, entering all the data requested therein, or (ii) to log in, if the Consumer is already registered or (iii) to provide his data in order to complete the order and allow the completion of the contract, if the Consumer intends to purchase as a guest. In order to make a purchase, the Consumer will be prompted to confirm his data (for example and not limited to: name, surname, etc.), the address where the selected Products will be delivered, the invoicing address and compulsorily, a telephone number in order to be able to be contacted for any notices concerning the purchase made, in case this information is different from that input during registration. The Consumer will view a summary of the order to place, where he can modify the contents: therefore, the Consumer, after reading them carefully, shall explicitly approve these general sales conditions by crossing the check-box on the Website and lastly, through the ‘’Order input’’ button, the Consumer will be prompted to confirm his order which will be transmitted to the Seller and will produce the legal effects set forth by previous paragraph 3.2. of this contract. The Consumer will also be asked to choose a delivery method and payment method from those available. If the Consumer decides for the method of payment by credit card, PayPal or instant bank transfer, he will be required to communicate the relevant data (financial information) via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the information provided by the Customer. If payment is made by credit card, the purchase amount will be charged only when the order confirmation is transmitted by the Seller to the Customer.
4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address email@example.com.
- Delivery of goods and acceptance
5.1. The Website shows the availability of the Products and relative delivery times. This information must however be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within its power to respect the delivery times indicated on the Website and, in any case, to deliver the goods within a maximum of 30 (thirty) days from the day after the day when the Consumer transmitted the order. In the event of the Seller failing to execute the order due to the unavailability of the Product, the Seller will provide a written notice to the Customer and will refund any sums already paid by the Customer for the payment of the Product. 5.3. If the Customer has chosen a bank transfer as a payment method, the delivery time will start from the receipt of the consideration by the Seller.
5.3 Shipping of the Products ordered by the Customer will be made in the mode selected by the Customer, among those available and indicated on the Website at the time of shipping of the order. Upon receipt of the purchased Product(s), the Consumer is required to promptly check and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or differing from the order placed, according to the procedure set out in the following art. 8 of these Conditions, in the absence of which the Products will be deemed as accepted. Should the packaging or wrapping of the Products ordered by the Consumer reach the destination not intact and/or with signs of damage, tampering or alteration, the Consumer must immediately raise the necessary complaint to the carrier / shipper, refusing delivery of the Product (s) from the carrier/shipper or by accepting delivery "with reserve". In any case, the Consumer must inform the Seller of the incident as soon as possible by contacting the customer service at the customer care email address: firstname.lastname@example.org
- Prices, delivery costs, duty and taxes
6.1 The price of the Products is the one indicated on the Website at the same time as the Customer sends the order. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable) but they do not include shipping costs which remain entirely the responsibility of the Consumer, vary depending on the shipping method selected and are indicated separately in the summary of the purchase order and that the Consumer himself undertakes to pay the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay the Seller the total price as shown on the order and order confirmation email sent by the Seller to the Consumer.
6.3. Should the Products be delivered in a country not belonging to the European Union, the total price indicated in the order and confirmed in the order confirmation including indirect taxes (if applicable) does not include potential customs fee and any other fee on sales that the Consumers agrees since now to pay if due, in addition to the price indicated in the order and confirmed through the order confirmation, according to laws applicable in the country where the products will be delivered. The Consumer is invited to contact the competent authorities in his country of residence or of destination of the products for information about any applicable customs duties or taxes in that particular country.
6.4. The Consumer shall pay all and any further costs, charges, taxes and/or duties applied by the destination country for whatever reason to any Products ordered on the basis of these General Conditions of sale.
6.5. The Consumer declares and accepts that the lack of knowledge of the costs, charges, duties, taxes and/or duties referred to in the previous par. 6.3. and 6.4., when sending an order to the Seller, cannot constitute a cause for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.
The payment of the price of Products purchased through the Website must be made within the essential time of 10 (ten) days from the date of transmission of the Order Confirmation from the Seller to the Customer. The Customer expressly agrees that the Seller's performance on the Contract will commence upon the crediting of the price of the Product(s) purchased on the Seller's current account. The Seller reserves the right not to accept the purchase order in case of failure to authorize payment by the manager of the payment method used pursuant to art. 7.1.
7.2. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Shopify International Limited, a private company limited by shares, incorporated in Ireland under registration number 560279, with its registered offices located at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, VAT number IE 3347697KH, an operator that deals with payments on behalf of the Seller. The transmitted data will be sent in protected mode, through the encrypted data transfer with 128 bit SSL (SecureSocketLayer) system. These data are not accessible even to the Seller.
7.3. Should payment be issued through bank transfer in favour of the Seller, the Consumer shall indicate the “Swift” and “IBAN” codes indicated in the order confirmation.
7.4. The Seller will promptly transmit to the Consumer, if required by applicable law, the tax receipt relating to the purchase made, which will be in electronic format via e-mail to the address declared by the same Consumer if the Products purchased are intended to be delivered in Italian territory, or will be attached in paper format to the Products purchased, in all other cases.
- Legal guarantee of conformity released by the Seller, notification of conformity defects and interventions under warranty
8.1. Pursuant to and by effect of the European Directive 1999/44 / EC and the Italian Legislative Decree no. 206/2005 (hereinafter the "Consumer Code"), the Seller is required to deliver to the Consumer Products that comply with the sales contract. The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the Product provided that the lack of conformity occurs within the term of 2 (two) years from the date of delivery of the Products to the Consumer. It is not possible to apply for any guarantee in case of use or washing of the Product that is not in conformity with the Product's own instructions and the instructions/warnings provided by the Seller and/or the Owner, or that are included in the reference documentation, in leaflets, or on the labels.
8.2. Under penalty of forfeiture of this guarantee, the Consumer has the duty to report any lack of conformity to the Seller within 2 (two) months from the date on which he discovered the defect, by sending to the Customer Service an e-mail to email@example.com, with a precise and complete indication of the lack of conformity found, as well as the relative documentation: at least 1 (one) photograph of the Product highlighting the lack of conformity found, the order confirmation sent by the Seller and/or the tax receipt.
8.3. Following receipt of this request and relative proof, the Seller shall evaluate the defects and non-compliances notified by the Consumer via the Owner’s assistance service. After quality checks to ascertain the effective non-compliance of the Product, the Seller shall decide whether to authorise return of the Product(s), sending the Consumer a form with a “Returns code” to the email address provided by the latter during registration on the Website or during the purchase procedure. Authorisation to return the Product(s) in no way represents a recognition of defects or non-compliances, whose existence shall be ascertained after receipt of the goods by the Seller. The Products of which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the "Return Code" and complete with all components (including packaging and any documentation and accessory equipment), within 30 (thirty) days from the reporting of the defect or non-conformity, to the following address:
Tws Logistica srl
Via C. Nassyria 5/abcd
20900 Monza (MB)
8.4. Once the Product has been collected/received and the Seller has verified the lack of conformity, the Consumer will have the right to have, without charge, within a reasonable period of time and without causing significant inconvenience to the Consumer himself, the conformity of the Product restored by the Seller, through repair or replacement, unless the remedy requested by the Consumer is objectively impossible or excessively expensive compared to the other. The Consumer can request, at his discretion, a reasonable reduction in the price or the termination of the contract if one of the following conditions occurs: (a) repair and replacement are impossible or excessively expensive; (b) the Seller has not repaired or replaced the Product within a reasonable period; (c) the replacement or repair previously carried out has caused significant inconvenience to the Consumer.
8.5 If, as a consequence of the remedies provided for in art. 8.4 the Seller is required to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, again by e-mail to the address firstname.lastname@example.org, the bank details to make the transfer in his favour and to ensure that the Seller is put in a position to be able to return the amount due.
8.6 In the event that following the checks carried out by the Seller it emerges that the reported lack of conformity does not exist and/or that there are no conditions for the application of the aforementioned remedies of the Legal guarantee, the latter will be deleted and all expenses of transport (incurred for sending the Product from the Consumer to the Seller and vice versa) will be borne by the Consumer. The above will be notified to the Consumer and the Product (s) in question will be sent back to the Consumer.
- Liability for damage caused by faulty product (s)
9.1. As for any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply. The Seller, as distributor of the Products through the Site, is free from any liability, none excluded and/or excepted, indicating, at the request of the damaged Consumer, the identity and domicile of the relative producer.
- Right of withdrawal
10.1 The Consumer is recognized the have the right to withdraw from any contract concluded pursuant to these General Conditions, without having to provide any reason, within the term of 14 (fourteen) days starting (i) from the day on which the Consumer or a third party designated by the Consumer, other than the carrier, acquires physical possession of the Product (s) purchased (ii) in the case of purchase with a single order of more Products, delivered separately, from the day on which the Consumer or a third party designated by the Consumer, other than the carrier, acquires physical possession of the last of the purchased Products.
10.2 To exercise the right of withdrawal, the Consumer must inform the Seller, before the expiry of the term referred to in paragraph 10.1 above, of his decision to withdraw from the contract, by accessing the "Myreturns" page from My Account or, if the Consumer is not registered on the site, by accessing the dedicated page and entering the order number and the email with which he made the purchase. Alternatively, the Consumer can send an explicit declaration to the Seller via the contact form or to the e-mail address email@example.com of his decision to withdraw.
10.3 Following the provisions of point 10.2 above, the Seller will send the Consumer an e-mail confirming receipt of the request for withdrawal, containing the return form to be included in the package, and the instructions to proceed with the return of the product, to be sent no later than the following 14 (fourteen) days to
Tws Logistica srl
Via C. Nassyria 5/abcd
20900 Monza (MB)
- In the event of exercising the right of withdrawal, the Consumer is required to return the purchased Product (s) to the Seller without undue delay and, in any case, within 14 (fourteen) days from the date on which you communicated to the Seller his decision to withdraw from the contract. To comply with this term, the buyer must return the goods before the 14-day period expires. The risks and direct costs of returning the goods, as well as the proof of this, will be borne by the buyer. If the consumer exercises the withdrawal through the site, before confirming the withdrawal request, he will be shown the cost for returning the goods, if he wants to use the return service offered by the site.
10.5 After returning the Product(s), the Seller will carry out the necessary checks relating to the compliance of the Product(s) with the terms and conditions indicated in this article 10. In the event that the checks are successfully concluded, the Seller, upon communication by e-mail to the Consumer of the acceptance of the Product(s) thus returned, will refund the Consumer in full the price of the returned Product (s) and the initial shipping costs related to it (with the exception of the additional costs deriving from the possible choice by the Consumer of a type of delivery different from the less expensive type of delivery offered by the Seller), without undue delay and, in any case, no later than 14 days from the day on which he was informed about the Consumer's decision to withdraw from the contract. Such refunds will be made using the same method of payment used by the Customer for the initial transaction, unless the Customer requests a refund by a different method of payment, in which case the Customer will incur any additional costs arising from the different method of payment. The Seller may suspend the reimbursement until receipt of the returned Product (s) or until the Consumer demonstrates that he has sent the Product(s) back, whichever occurs first. If the recipient of the Products indicated in the order form does not coincide with the person who made the payment for the Products, in case of exercise of the right of withdrawal by the Consumer, the Seller will reimburse the person who made the payment.
10.6 The Customer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, features and functioning of the goods. Therefore, if the returned goods are damaged (for example, with signs of wear, abrasion, scratches, dents, deformities, etc.), not complete with all their components and accessories (including labels and tags unaltered and attached to the product), are not accompanied by the enclosed instructions/notes/ manuals, original boxes and packaging, and the Warranty Certificate, where applicable, the Customer shall be liable for the decrease in the value of the goods and shall be entitled to a refund of the amount equal to the residual value of the Product. To this end, the Customer is encouraged not to handle the good beyond what is strictly necessary to establish the nature, features and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity, and also protects it during transport from any writing or labels.
- Intellectual and industrial property rights
11.1. The Consumer declares that he is informed that all the brands, names and any other distinctive mark, denomination, image, photo, writing or graphics used on the Website or relative to the Products are and remain the exclusive property of the Owner, without access to the Website and/or purchase of the Products entitling the Consumer to any right to the same.
11.2.The contents of the Site may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Duvetica International.
- Consumer data and privacy protection
12.2. The Consumer declares and guarantees that all data provided to the Seller during registration and purchase are correct and truthful.
12.3. The Consumer may at any moment update and/or modify personal details provided to the Seller in the specific “My Account” section of the Website, accessible after log in.
13.1. Despite the Seller adopts measures aimed at protecting personal data against loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limits in protecting electronic communications via internet, the Seller cannot guarantee that the information or data visualized by the Consumer on the Website, also after logging in, cannot be accessed or viewed by non-authorised third parties.
13.2.The Seller, with regard to the records relating to payments by credit card, uses the services of the company Shopify International Limited that adopts technological systems that aim to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
- Applicable law, attempt at conciliation and place of jurisdiction
14.1. Any sales contract concluded between the Seller and the Consumer pursuant to these Conditions will be fully governed and interpreted in accordance with Italian law. In any case, this will not prejudice any rights attributed to Consumers by binding legislative provisions in force in the country of the latter.
14.2. In the event of controversy between the Seller and a Consumer, we guarantee as of now our willingness to attempt friendly conciliation that any Consumer may propose before RisolviOnline, an independent institutional service provided by the Chamber of Arbitration of Milan Chamber of Commerce, which allows a satisfactory agreement to be met, with the help of a neutral, competent arbitrator, in a friendly and safe way on line.For more information on the RisolviOnline regulations or to submit a conciliation request please log in at: www.risolvionline.com.
14.3. As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate independent, impartial, transparent, effective, rapid and fair out-of-court settlement of disputes concerning contractual obligations arising from sales contracts or online services between a consumer residing in the Union and a professional established in the Union through the intervention of an ADR (Alternative Dispute Resolution) body that has joined it, selectable from a special list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller's e-mail address to be indicated on the European ODR Platform is the following: firstname.lastname@example.org
14.4. If you do not adhere to the conciliation attempts referred to in articles 14.2 or 14.3 or if such attempts should have a negative outcome, any dispute that may arise between the Parties in relation to the validity, interpretation, execution and termination of these General Conditions or of each contract of sale will be the exclusive competence of the judge of the place of residence or domicile of the Consumer