Terms and Conditions
This information is provided for the site "https: //www.dpi-reverseosmosiwatersystem.com
(Site) owned by Pietro Dimarco, based in Triq Ruggero Loria Sunstone Court block bflat 12 Qawra San Pawl Bay Spb1861 MALTA with VAT no. MT25259933, with tax code DMRPTR73E24F205G (Seller). 1. Scope of application 1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and the Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.1.2The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays. 1.3The General Conditions of Sale can be changed at any time. Any changes and / or new conditions will be in force from the time of their publication on the Site. You are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale. 1.4The General Conditions of Sale applicable are those in force at the date of sending the purchase order. 1.5 These General Conditions of Sale do not regulate the sale of products and / or services by parties other than the Vendor who may be present on the Site via links, banners or other hypertext links . Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and / or for the sale of products by such parties. On websites accessible through such
connections, the Seller does not carry out any checks and / or monitoring. The Seller is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by the same. 1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site. 1.7 The forwarding of the purchase order constitutes acceptance of these General Conditions of Sale. 2. Purchases on the Site 2.1The purchase on the Site is allowed both to users who are consumers and authentic who are professionals. Pursuant to art. 3, Icomma, lett. a) of the Consumer Code, it is recalled that the quality of consumer is the natural person who acts for purposes unrelated to business, commercial, professional or craft activities, if any; while pursuant to art. 3, paragraph I, lett. c) of the Consumer Code, the natural or legal person acting in the exercise of his business, commercial, craft or professional activity, or his intermediary, holds the quality of professional. 2.2 In the case of orders, coming from anyone, which are anomalous in relation to the quantity and / or frequency of purchases, the Seller reserves the right to take all necessary actions to stop the irregularities. 2.3 The Seller reserves the right to refuse or cancel orders that come: from a user with whom the Seller has an ongoing legal dispute • from a user who has previously violated the General Conditions of Sale • from a user who has been involved in crimes • from a user who has released false, incomplete or in any case inaccurate identification data or which has not promptly sent to the Seller, the documents it requests or has them no invalid documents sent.
Art. 3. Information for the conclusion of the contract 3.1In compliance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, the Seller informs you that: to conclude a purchase contract on the Site, you will have to fill in an order form in electronic format and send it to the Seller, by electronic means, following the instructions that will appear from time to time on the Site the contract is concluded when the order form reaches the Seller's server once the order form has been received, the Seller will send you to the email address indicated the order confirmation containing: o information relating to the characteristics of the purchase or indication of the price. 4. Availability of Products 4.1The Products offered on the Site are limited in number. It can therefore happen, also due to the possibility that multiple users purchase the same Product, that the ordered Product is no longer available after the transmission of the purchase order.4.2In the Site there is information relating to the availability of each Product.4.3You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to the effects of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. 4.4 Alternatively, you may accept: if a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery deadline if a restocking is not possible , the Seller will supply a different product, of equivalent or greater value, upon payment, in the latter case, of the difference, and upon the express acceptance of the user.
4.5If a refund is requested for the amount paid for the purchase of Products which later proved to be unavailable, the Seller shall make the refund within a maximum period of 20 days. 4.6In the event that you exercise the right of termination referred to in 'Article 61, paragraphs IV and V, of the Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due) has already occurred, the Seller will refund the 'Total Amount Due pursuant to the provisions of the article "Method of payment" below. 5. Information Sheet 5.1Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by you for their display. Furthermore, the images of the Product on the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use. 6. Prices 6.1All the prices of the Products published on the Site are understood to include the Value Added Tax (where applicable, the prices include the WEEE contribution) .6.2The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any changes (increasing or decreasing) subsequent to the transmission of the same will not be taken into account. if they exist, they are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
6.3Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
Art. 7. Purchase orders 7.1The Seller will ship the Products only after receiving confirmation of the payment authorization or after the Total Amount Due has been credited. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, enters physically in possession of the Products. The Service you have chosen will be carried out only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due. Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled. 8. Payment methods 8.1The following payment methods are allowed on the Site: PayPal Bank transfer, BOV MOBILE, REVOLUT, CASH. 8.2On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.In the case of payment by PayPal, the Total Amount Due will be charged by PayPal at the same time as the conclusion of the contract through the Site.
In case of termination of the purchase contract e/or
in any other case of reimbursement, for any reason, the amount of the reimbursement due to you will be credited to your PayPal account. The timing of crediting on the payment instrument connected to this account depend exclusively on PayPal and the and the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account. 8.3 conto In the event that you choose the bank transfer as a payment method, the Seller, once the order has been received, will communicate the bank details by email. and the deadline for making the transfer. The email may contain the request to send by email the receipt of the bank transfer or the confirmation of the transfer. transfer by the Seller and not from the date of transmission of the order, as happens in the event that you choose other payment methods. Unless otherwise agreed, the Services will be rendered only after receipt by bank transfer of the Total Amount Due. indicate the following data in the purpose of the transfer: the order reference number the name and surname of the order holder, if different from that of the current account holder from which the transfer originates. arrange for payment within 2 working days. Failing that, the Seller reserves the right to cancel the order within the next 7 working days. Art. 9. Delivery of Products 9.1 There are no limitations to delivery, except in the cases indicated on the Site and / or in the Product Sheet.
9.2Shipping costs are indicated from time to time on the Site and / or in the Product Sheet. 9.3From the date the order is sent, the Products will be delivered within 14 days and, in any case, within thirty days from date of conclusion of the contract. 9.4 It is up to you to check the conditions of the delivered Product. Not withstanding that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the the packaging is intact, undamaged, not wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve. In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains valid. 10. Right of withdrawal 10.1If you are a consumer, you have the right to withdraw from the purchase contract for the Product without having to provide any reason and without having to incur costs other than those provided for in this article within the term of fourteen calendar days (Period of Withdrawal). The Withdrawal Period expires after 14 days: a. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquire the physical owner of the Products; b. in the case of a Multiple Order with separate deliveries, from the day in which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; oc. in the case of an order relating to the delivery of a consistent Product of multiple lots or pieces, from the day on which you or a third party other than the carrier designated by you, acquires the physical possession of the last Product; oc. in the case of an order relating to the delivery of a consistent Product of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
10.2 In order to exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. 10.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period.It should be noted that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with you, it is in your interest to make use of a durable medium when you notify the Seller of your withdrawal. 10.4 The direct costs of returning the Products are at your expense as well as the responsibility for their transport. 10.5.10 If you withdraw from the contract, the Seller will refund the Total Amount Due, including costs of delivery, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller has been informed of your decision to withdraw from the contract. The refund will be made using the same payment tool used for the initial transaction. If you have returned the Products using a carrier of your choice and at your own expense, the Seller may suspend the reimbursement until the Products are received or until you have demonstrated that you have returned the Products, whichever is earlier. 10.6 You are responsible solely of the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, complete with all accessories and leaflets, with identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Furthermore, the withdrawal is applied to the Product in its entirety. It cannot therefore be exercised in relation to parties and / or product accessories.
10.7In the event that the withdrawal has not been exercised in accordance with what is provided for by the applicable law, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Seller will notify the user from the receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Seller at your disposal for collection, which must take place at your expense and under your responsibility. 10.8In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded in your favor will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if for example, you have placed a total order of 200.00 Euros, in which two Products are included, the first of the value of 50.00 Euros and the second of the value of 150.00 Euros, and returns the Product worth 150.00 Euros. , 00Euro, you will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case, the amount of the delivery costs to be returned will never exceed the amount actually paid. 11. Legal Guarantee All the Products sold on the Site are covered by the Legal Guarantee of Conformity provided for in Articles. 128-135 of the Consumer Code (Legal Guarantee) To whom the Legal Guarantee applies The legal guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. When it applies The Seller is liable to the consumer for any lack of conformity of the Product and who posters within two years of delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.Unless proven otherwise, it is assumed that the lack of conformity that appears within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the the lack of conformity. Starting from the week following the delivery of the Product, it will instead be the responsibility of the consumer to prove that the lack of conformity already existed at the time of delivery of the same. In order to take advantage of the Legal Guarantee, the consumer must first provide proof of the date of purchase and delivery of the goods. . It is therefore advisable that the consumer, for the purposes of this proof, keep the purchase invoice or any other document that can certify the date of the purchase (for example the statement of the payment card) and the date of delivery. In the event of termination of the contract, the Seller will return the total amount paid to the consumer, consisting of the purchase price of the Product, the shipping costs and any other additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer.The amount of the refund or reduction will be credited to the means or solution of payment used by the consumer for the purchase. is responsible in case of damages, of any kind, deriving from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in case of damages deriving from accident or force majeure. as a "professional" pursuant to the provisions of the Consumer Code, the previous paragraphs of this article do not apply. Your purchase on the Site will be subject to the legal guarantee provided by provided for by art. 1490 of the Italian Civil Code Art. 12. Manufacturer's conventional warranty 12.1The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can only enforce this guarantee against the manufacturer. The duration, the extension, even territorial, the conditions and methods of use, the types of damage / defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Warranty.
Art. 13. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution
13.1 The purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
13.2 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent in accordance with the provisions of Article 1 above.
13.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to the Seller, as a result of which it has not been possible to resolve the dispute thus arisen, the Seller will provide the information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in Articles 141-bis and following of the Consumer Code), specifying whether it intends to make use or not of such bodies to resolve the dispute itself.
13.4 The Seller also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure of the dispute in which he is involved.
13.5 The right of the consumer user to refer the dispute arising from these General Conditions of Sale is in any case without prejudice, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relations by resorting to procedures referred to in Part V, Title II-bis of the Consumer Code.
13.6 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
Art. 14. Customer service and complaints
It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:
by email, to the following address: [email protected]
The Seller will respond to complaints presented within 5 days of receiving them.
Art. 15. Miscellaneous
15.1 The product being returned because it is defective / non-compliant is subject to verification by the manufacturer using specific tools. Following the appropriate checks, the manufacturer sends the correspondent of the defective / non-compliant part;
15.2 The return shipping costs are charged to the customer;
15.3 Orders are processed within 1 working day and delivered within 3 working days from the date of shipment, except for delays not attributable to the Site;
15.4 The shipment is made from the seller to the client.
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