Introduction: Effectiveness of the General Terms and Conditions
These general terms and conditions of sale (hereinafter, the "General Conditions") govern the purchase of products, made available, via the internet, from the www.it.dunigroup.com site (hereinafter, the Site) in compliance with the Italian legislation on distance contracts (Legislative Decree 70/2003).
The website is owned by Duni S.r.l. with registered office in Corso Vittorio Emanuele II 48 – 10123 Turin (TO), C.F/ P.I. 10009560011, REA: 1098329 (hereinafter "The Seller")
The Customer is required, before sending the order, to carefully read the General Conditions that have been made available on the Site and can be reproduced on a durable medium.
Contracts concluded with the Seller, both through the Website and offline, are governed by these General Terms and Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
The General Terms and Conditions apply to any sale concluded between the Client and the Seller and are incorporated into the Client Approval Form that the Seller will send to the potential Buyer prior to any order and which will contain the payment and delivery terms specifically agreed to each individual client.
Sending an order implies the Customer's acceptance of these General Terms and Conditions and of everything contained in the Customer Approval Form.
The General Terms and Conditions concern only the sale to a professional customer and not to consumers, the professional customer being understood as a legal person who acts in the exercise of an entrepreneurial, commercial, craft or professional activity. By submitting an order, the Buyer declares to be a professional customer for all legal purposes.
Any changes or new conditions of sale will be effective from the moment of publication on the Site and will only be applied to sales concluded after publication.
The Seller
The Seller may alternatively be one of the following two companies that will be specified on the Order Confirmation
Duni S.r.l.
Registered Office: Corso Vittorio Emanuele II 48 – 10123 Turin (TO)
C. F./ VAT number: 10009560011
REA: 1098329
Or
Duni GmbH
Duni GmbH
Robert-Bosch-Str. 4
DE-49656 Bramsche
Germany
Product Information
Products are to be understood as all products and/or goods marketed by the Seller and forming part of its assortment. The following are to be understood – by way of example but not limited to – as Products: napkins, tablecloths, trays, plates and any other product available on the Site.
The Vendor reserves the right to insert and remove any product from its catalog and from the Site at any time, as well as to modify its characteristics.
Information relating to Products susceptible to distance selling is available, with the relevant product codes, on the Website on the page relating to each Product.
The visual representation of the products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics but differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
Choosing and ordering Products
To purchase the Products, the Client must fill in and send the order form in electronic format, following the instructions contained in the Site. The Customer must add the Product to the "Shopping Cart" and, after having read the General Conditions, must enter the shipping and billing information, select the desired payment method and confirm the order.
The availability of the products can be checked by consulting the Seller's catalog directly.
If the quantity indicated in the order is not available at the moment, or a product has been sold out due to the concurrence of several orders, the Customer will be contacted promptly by customer service and can request a refund of the value of the product on this card.
Whatever payment method is chosen, in any case only the actual value of the goods that will be delivered to the Customer will be charged.
Prices, features and availability of products are subject to change without notice.
By placing the order, the Customer acknowledges and declares that he has read all the information provided during the purchase procedure and that he fully accepts these General and Payment Conditions.
All purchase orders sent to the Seller must be completed in their entirety and must contain the elements necessary for the exact identification of the Products ordered, the Customer and the place of delivery of the Products.
The contract entered into between the Seller and the Customer shall be deemed concluded with the acceptance of the order by the Seller.
This acceptance is communicated to the Customer through an e-mail confirming the order itself.
The Vendor reserves the right not to accept orders that are incomplete or not duly completed.
Prices
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros. The prices of the individual Products, indicated from time to time on the Site, cancel and replace the previous ones.
The prices applied are those indicated on the Site at the time of the purchase order by the Customer, without any consideration of price increases or decreases that may occur subsequently.
In the event of a change to an order, the price of the new products will be the one indicated on the site at the time of the change if they are products other than those covered by the original order, while the price indicated at the time of the order will remain applicable if the change concerns only the quantity of products already ordered.
In the event of a change in the cost of raw materials outside of ordinary market fluctuations and/or in any case due to unforeseeable and/or unpredictable external events, the Seller reserves the right to vary, at its sole discretion, the prices of the Products, without prejudice to orders already completed with the sending of the Order by the User.
Responsibility
The Seller assumes no responsibility for inefficiencies attributable to force majeure of any nature and kind, in the event that it is unable to execute the contract within the agreed timeframe. Force majeure includes, by way of example but not limited to, measures taken by the Public Authority, strikes by its own employees or by the carriers used by the Seller, as well as any other circumstance that is beyond the control of the latter.
Any right of the Customer to compensation for damages or indemnity, as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property, caused by the non-acceptance or processing, even partial, of an order, is excluded.
Shipments
Unless otherwise stated in the Customer Approval Form, shipments to Italy are made by express courier and orders are processed within 7 working days. Several terms can be agreed in the Customer Approval Form or present on the website at the time of the Order. After being taken over by the courier, the Customer is notified by an SMS and/or an e-mail of "Shipping Confirmation". This e-mail contains all the details in relation to the delivery: list of products shipped, amount due, specific forms of payment, Tracking number of the shipment linked to the courier's website (if available). From this moment on, the delivery times run in relation to the type of delivery. The delivery costs of the Products are agreed in the Customer Approval Form.
For the shipment, therefore, top quality materials customized with the Duni brand are used.
Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process.
The Seller issues an invoice for the goods shipped for each order placed on the Site, and sends it to the Customer in digital format. For the issuance of the invoice, the information provided by the Customer during the purchase procedure is valid. It will not be possible to make any changes to the invoice after it has been issued.
Delivery costs are borne by the Customer and are clearly highlighted during the purchase procedure.
All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and national holidays.
The Seller is not responsible for unforeseeable delays.
The Vendor will send the Client a confirmation email once the Products have been shipped, which will include a link to refer to for shipment tracking.
The delivery of the Products is subject to the payment by the Client of the relevant price by the means chosen from those made available by the Seller.
Payment methods
The Client may make payment of the price of the Products and the related delivery costs by bank transfer within the terms and in the manner indicated in the Client Approval Form.
Confirmation of receipt of the order
Once the order has been received, the Seller will check the availability of stock for order fulfillment. In the event that a product is not available, the Seller's Customer Service will promptly notify the Customer. The Customer can decide whether to confirm the shipment or cancel it.
Product Warranty
At the time of delivery of the goods, the Customer is required to check that the package is intact, not damaged, nor wet, or in any case altered and that the number of packages delivered corresponds to what is indicated on the invoice. If it does not match or if the package is opened, the Customer can refuse delivery. Liability for the products will no longer be attributable to the Seller from the moment they are delivered.
Once the courier's document has been signed, the Customer will not be able to oppose any objection about the external characteristics of what has been delivered. In this case, the Customer can request a refund only if he communicates the damage within 20 hours of receipt of the order. The communication must necessarily also attach photos of the outer package, inner package and label.
Even if there is an intact package, the goods must be checked within eight days of receipt. Any apparent damage or anomalies must be reported immediately, if not reported the Customer will forfeit all rights relating to damaged products or products with manifest defects. The communication must also attach a photo of the products inside the package, the products outside to allow them to be counted and the legible label on the package.
If it is ascertained that a product is broken or missing or that an item does not comply with the order, the Client has the right to request the delivery or reintegration of the missing or non-conforming product or the crediting of the amount equal to the value of the disputed product or products on the subsequent purchase. In the event that, for any reason, the Vendor is unable to replace a product recognized as having defects of conformity, it may proceed with the refund of the entire amount paid by the Client.
The Seller guarantees compliance with all regulations regarding the storage of the products until the time of delivery to the place indicated in the order. The Seller shall not be held liable for the poor condition of the products due to inadequate storage after delivery.
The 12-month warranty applies to the sale of the Products.
The Client shall in any case forfeit the warranty, if he does not report to the Seller any lack of conformity of a hidden nature and not appreciable by visual analysis within 8 (eight) days from the date on which he discovered a hidden defect, always within the 12-month warranty. If the Customer does not report the defect within this period, the Customer will no longer be able to assert the warranty.
The time limit for legal action is one year.
Right of withdrawal
The client, as a professional client, is not granted the right of withdrawal.
Errors
The information relating to the Products provided through the Site is constantly updated, however, it is not possible to guarantee the complete absence of errors.
The Seller reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted, or to modify or update the information at any time without prior notice.
Complaints
Any complaint must be forwarded to the Seller by sending an e-mail to servizio.clienti@duni.com.
Processing of Personal Data
The personal data provided by customers are processed in compliance with Legislative Decree no. 196/2003 – Privacy Law amended by Legislative Decree 101/2018 – GDPR 679/16 – "European Regulation on the protection of personal data. The aforementioned data will be processed with procedures suitable for guaranteeing their security and confidentiality. The processing will take place for commercial purposes within the scope and according to the contracts to be concluded. The data may be communicated to third parties for the sole achievement of the purposes indicated above.
Data subjects have the right:
- to have confirmation of the existence of any processing of personal data concerning them;
- to obtain the cancellation, transformation, updating, correction and/or integration of the same data;
- to oppose the processing of personal data for the purposes of commercial information and/or sending advertising material.
Applicable law and jurisdiction
The sales contract between the Customer and the Seller is understood to have been concluded in Italy and governed by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, the territorial jurisdiction is exclusively that of the Court of Turin.
