Conditions of sale
TERMS AND CONDITIONS OF SALE
1. Acceptance of the general conditions of sale
1.1 The contract stipulated between DIP - Diffusione Italiana Preziosi S.p.a. and the Customer must be considered concluded with the acceptance, even partial, of the order by DIP Spa. This acceptance is considered tacit unless otherwise communicated in any manner to the customer. By placing an order in the manner provided, the Customer declares to have read all the information provided during the purchase process and fully accepts the general conditions and the payment conditions set forth below.
1.2. If the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his or her professional activity), once the online purchase procedure is completed, he will print or save electronic copy and in any case retain the present general conditions of sale, in accordance with the Consumer Code provisions on remote sales (DL 206/05).
1.3. All rights of the customer shall be excluded for damages or indemnification, as well as any contractual or extra liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order.
2. Purchase methods
2.1 The Customer can only purchase the products present in the electronic catalog of DIP Spa at the time of placing the order and viewable online at www.Bluespirit.com, as described in the respective information sheets. It remains meant that the image accompanying the description of a product can not be perfectly representative of its characteristics but differ for color, dimensions, accessories in figure. All the information supporting the purchase (Glossary, Buying Guide, etc...) are to be understood as simple general information material, not referable to the real characteristics of a single product.
2.2 The correct receipt and acceptance of the order is confirmed by DIP Spa through an email reply, sent to the e-mail address communicated by the Customer. This confirmation message will contain Date and Time of execution of the order and a 'Customer Order Number', to be used in any further communication with DIP Spa. The message reproposes all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate possible corrections according to the methods described in this document.
2.3 In case of non-acceptance of the order, DIP Spa guarantees timely communication to the Customer.
3. Payment Methods
3.1 Credit card
3.1.1 In the case of purchase of goods with Credit Card payment method, together with the conclusion of the online transaction, the bank will provide to authorize the only commitment of the amount related to the purchase made. The amount related to the goods ordered, even partially, will actually be charged to the customer's credit card following acceptance, and the related communication to the customer, of the order.
3.1.2 DIP Spa reserves the right to charge the customer's credit card in order to avoid the expiry of the authorization of the transaction that takes place on the 23rd day.
3.1.3 In no moment of the procedure of purchase, DIP Spa is able to know the relative information to the credit card of the purchaser, transmitted through protected logon directly to the web site of the bank institution that manages the transaction. No computer archive of DIP Spa will keep such data. In no case may DIP Spa be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment of products purchased on www.Bluespirit.com
3.2 Bank Transfer Payment (payment in advance)
3.2.1 The Bank Transfer Payment form (payment in advance) can not be used on all catalog items. Any limitations are clearly highlighted in the shopping cart. In case of payment through Bank Transfer Payment, the items ordered by the customer will be kept busy until reception of the proof of bank transfer, to be sent to DIP Spa (by fax or email) no later than 3 working days from the date of the acceptance of the order. The sending of the order will take place only at the time of the actual crediting of the amount due on the Current Account of DIP Spa that must take place within 7 working days from the date of acceptance of the order. After these deadlines, the order will automatically be canceled.
3.2.1.1 The purpose of the bank transfer must always include: a) the order reference number; b) the date of execution of the order; c) name and surname of the person who placed the order.
4. Delivery methods and costs
4.1 DIP Spa can only accept orders with delivery in Italy and in the European Community
4.2 For each order placed on www.Bluespirit.com, DIP Spa will issue an invoice of the shipped material, sending it within the package, pursuant to Article 14 of Presidential Decree 445/2000 and Decree Law 52/2004. For the issuance of the invoice, the information provided by the customer when placing the order, will be taken into account. No changes can be made to an invoice after it has been issued.
4.3 Delivery costs are to be borne by DIP Spa without prejudice to any transportation costs contributions, explicitly highlighted at the time the order is placed. The payment of the goods by the Customer will take place using the method chosen when ordering. Nothing is to be paid from the customer than the total order.
4.4 No responsibility can be attributed to DIP Spa if the processing or delivery of the order is delayed.
4.5 The delivery is intended to be at the street level except: a) different communication of our customer service b) what is provided in the technical datasheet of the product; c) explicit purchase of delivery to the floor, where envisaged.
4.6 At the time of delivery of the goods by the courier, the Customer is required to check: a) that the number of packages delivered corresponds to that indicated in the transport document; b) that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal straps).
4.7 Any damage to the packaging and / or the product or the mismatch in the number of packages, must be immediately contested, affixing RESERVE OF WRITTEN CONTROL (SPECIFYING THE REASON OF THE RESERVE, eg "perforated packaging", "crushed packaging" ", etc.) on the courier delivery proof. Once the courier's document has been signed, the customer cannot raise any objection regarding the external characteristics of the goods delivered.
4.8 Any problems concerning the physical integrity, completeness or correspondence of the products received with the indications in the order confirmation email (in particular the presence of the instructions and the guarantee coupon) must be reported within 7 days from the date delivery, according to the procedures provided for in this document.
4.9 In case of failure to collect the material in storage at the warehouses of the courier within 5 working days because of repeated inability to deliver to the address specified by the Customer when ordering, what ordered will be returned to the warehouses of DIP Spa, which will retain the amount corresponding to the cost of the storage of the goods at the warehouses of the courier as well as the cost of the transport of the goods at its stores.
4.10 In case of failure to collect the goods by the buyer within 1 month, DIP Spa will retain the order null and void.
4.11 As established by art. 63 co. 2 D.Lgs. 206/2005, renewed by Legislative Decree 21/2014 "In the event that the carrier has been chosen by you outside of those proposed at the time of purchase, the risk of damage and loss of the products is transferred to you already at the time of delivery to the same carrier, precluding any objection regarding the external characteristics of the delivered goods. In this case, every complaint must be made directly by you against the carrier. "
5. Right of withdrawal
5.1 Pursuant to Legislative Decree 206/2005 and subsequent amendments expressed in Legislative Decree 21/2014, if the customer is a consumer (ie a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase indicating in the order form to DIP Spa a VAT number), has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in the following points 5.3 and 5.5. According to the Annex I, part A, D.Lgs. 206/2005: "You have the right to withdraw from the contract, without stating the reasons, within 14 days. The withdrawal period will expire after 14 days from the day ⌈1⌋. To exercise the right of withdrawal, you must inform us (⌈2⌋) of your decision to withdraw from this contract by means of an explicit declaration (for example, a letter sent by post, fax or e-mail or any explicit declaration). To this end you can use the attached withdrawal form, but it is not mandatory ⌈3⌋ ".
5.2 To comply with the withdrawal deadline, it is sufficient that you send the communication concerning the exercise of the right of withdrawal, by mail or with the return procedure to be activated in the "my orders" section of the Bluespirit.com site, before expiry of the withdrawal period. Once the aforementioned withdrawal notice has been received, DIP Spa will promptly inform the customer of the instructions on how to return it. Specifically as per Annex I, part A, D.Lgs. 206/2005: "Should you withdraw from the contract, all payments made in our favour will be reimbursed in full, including any delivery costs (except additional costs incurred where an alternative to our standard economy delivery method is chosen by yourself), without unnecessary delay and no later than 14 days from the day that you notify us of your decision to withdraw from the contract. These refunds will be made using the same payment method used by you for the initial transaction, unless you have expressly agreed otherwise; in any case, no costs will be incurred as a consequence of such reimbursement (full refund, including original shipping costs, within 14 days from the communication of the withdrawal). The standard letter relating to the return request must be as follows, according to the terms of Annex I, part B, D.Lgs.206/2005; "Instructions for completion: B. Model withdrawal form - pursuant to Article 49, paragraph 1, lett. h) - (fill in and return this form only if you wish to withdraw from the contract) - Recipient [the name, geographical address and, if available, the telephone number, fax number and e-mail addresses must be entered by professional]: - Herewith I / we (*) notify the withdrawal from my / our (*) contract of sale of the following goods / services (*) - Ordered the (*) / received the (*) - Name (s) of the consumer (s) - Address of the consumer (s) - Signature of the consumer (s) (only if this form is in printed version) - Date (*) Delete the useless wording. "The goods must be returned intact, complete with all its parts and in original packaging (envelopes and packaging), stored and possibly used according to normal care, without any signs of wear or dirt, in compliance with the conditions of the following points 5.3 and 5.5.
5.3 The right of withdrawal is however subject to the following conditions: a) the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased; b) the right does not apply to audiovisual products or sealed computer software (including those attached to hardware), once opened; c) the purchased good must be intact and returned in its original packaging, complete in all its parts (including packaging, Bluespirit packaging, and any documentation and accessory equipment); to limit damage to the original packaging and to the Bluespirit package, we recommend wrapping and sealing it with adhesive tape; in all cases, the affixing of labels or adhesive tapes directly onto the original packaging of the product and on the Bluespirit packaging should be avoided; d) in relation to the shipping costs of the returned goods, they will not be charged to the customer in case of replacement of the product or of the value of the product above 200 euros. Otherwise shipping costs will be charged to the customer and to be made at the address communicated at the time of return e) the shipment until the certificate of receipt in our warehouse is under the full responsibility of the customer; f) in the event of damage to the goods during transport, DIP Spa will inform the customer of the event (within 5 working days of receipt of the goods in its stores), to allow him to promptly report his complaint to the courier chosen by him and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for his return, simultaneously canceling the request for withdrawal; g) DIP Spa is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments; h) upon arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport. In case the packaging and / or the original packaging are damaged, DIP Spa will deduct from the refund due a percentage, however not exceeding 10% of the same, as a contribution to the restoration costs.
5.4 Without prejudice to any restoration costs for damage ascertained to the original packaging, DIP Spa will reimburse the customer the full amount already paid, within 14 days from the return of the goods, by a transfer of the amount charged to the credit card or bank transfer. In the latter case, the customer will promptly provide the bank details for the refund (IBAN code of the invoice holder).
5.5 The right of withdrawal is lost, due to lack of the essential condition of integrity of the goods (packaging and / or its content), in cases in which DIP Spa establishes: a) the non-diligent use of the good that has compromised its integrity, or the use of any consumables; b) the lack of the external packaging and / or the original internal packaging; c) the absence of integral elements of the product (accessories, manuals, parts,...); d) damage to the product for reasons other than transport. In the case of forfeiture of the right of withdrawal, the goods will remain at the headquarters of DIP Spa, available to the customer for collection at his own expense.
5.6 As foreseen by the Art. 59 D.Lgs. 206/2005 on Exceptions to the right of withdrawal: 1. The right of withdrawal pursuant to Articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in respect of: a) service contracts after the full performance of the service if the execution started with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional; b) the supply of goods or services whose price is linked to fluctuations in the financial market that the professional is not able to control and which may occur during the withdrawal period; c) the supply of goods made to measure or clearly personalized; d) the supply of goods that are liable to deteriorate or expire rapidly; e) the supply of sealed goods that can not be returned for hygienic reasons or related to health protection and have been opened after delivery; f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods; g) the supply of alcoholic beverages, whose price has been agreed upon at the time of conclusion of the sales contract, whose delivery can take place only after thirty days and whose actual value depends on fluctuations on the market that can not be controlled by the professional; h) contracts in which the consumer has specifically requested a visit by the professional for the purpose of carrying out urgent repairs or maintenance work. If, on the occasion of such a visit, the professional provides services in addition to those specifically requested by the consumer or goods other than the spare parts necessary for maintenance or repairs, the right of withdrawal applies to such additional services or goods; i) the provision of sealed audio or video recordings or sealed computer software that have been opened after delivery; l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications; m) contracts concluded at a public auction; (n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of execution; o) the provision of digital content through non-material support if the execution began with the express agreement of the consumer and with his acceptance of the fact that in that case he would lose the right of withdrawal. " We highlight the link to the European consumer dispute resolution platform: https://webgate.ec.europa.eu/odrhttps://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show & lng = EN.
6. Warranties
6.1 All products sold by DIP Spa are covered by the manufacturer's standard warranty and the 24-month warranty for conformity defects, pursuant to Legislative Decree 24/02. To use the warranty, the customer must keep the warranty coupon in the original package, as well as the invoice issued by DIP Spa. The exercise of the Warranty may involve the request for assistance to Authorized Service Centers of the area and / or follow the methods illustrated in the documentation included in the product packaging.
6.2 The manufacturer's standard warranty is provided as explained in the documentation included in the packaging of the product. If, following an intervention by an Authorized Service Center, the defect is not covered by the manufacturer's conventional warranty, the Customer will be charged for any verification and restoration costs requested by the Authorized Assistance, as well as transport costs, if backed by DIP Spa.
6.3 The 24-month warranty pursuant to Italian Law Decree 24/02 applies to products that present a lack of conformity, provided that the product is used correctly, respecting its intended use and as provided for in the technique documentation attached. Such guarantee is reserved to the private Consumer (physical person who buys goods for purposes not related to his professional activity, or makes a purchase order form without indicating a VAT). In case of conformity defect, DIP Spa supplies, without expenses for the Customer, to the restoration of the conformity of the product by means of repair/substitution or to the reduction of the price, until the resolution of the contract. If, following an intervention by an Authorized Service Center, the defect does not result in a lack of conformity pursuant to Decree 24/02, the Customer will be charged for any verification and restoration costs requested by the Authorized Assistance, as well as the transport costs if supported by DIP Spa
6.4 The replacements in case of DOA (Dead On Arrival: product not working on delivery) occur only if expressly provided by the manufacturer. The time period required for exchanges or any repairs depends exclusively on the policies of the manufacturers.
6.5 In the event that, for whatever reason, they are unable to provide the customer with a product under warranty (either repaired or replaced), DIP Spa may proceed at their own discretion to refund the amount paid or to replace the product with a product of equal or superior characteristics.
6.6 The times of repair or possible replacement of the product depend exclusively on the policies of the manufacturer and no damage can be requested to DIP Spa for any delays in carrying out repairs or replacements. 6.7 In the cases in which the application of the guarantees preview the restitution of the product, the good must be returned from the Customer in its original package, complete in all its parts (including packaging and any documentation and accessories: manuals, etc. ... ); to limit damage to the original package, it is recommended to put it in a second box; it should be avoided in all cases the attachment of labels or tape directly on the original product packaging.
7. Privacy
7.1 The personal information requested for sending the order is collected and processed in order to meet the expressed requirements of the customer and will not, under any circumstances, be transferred to third parties. DIP Spa guarantees its customers the respect of rules on the processing of personal data covered by the Privacy Code referred to in Legislative Decree No. 196 dated 30.06.03. . As foreseen by the former art. 7 D.Lgs. 196/2003 for the rights of the interested party: the processing of personal data has an exclusive commercial purpose and the requests are finalized only for practical use deriving from the sales relationship of the products we offer through our exercise. - Some required data are mandatory for payments and shipments for products sold, to ensure greater security for the purchase both to the customer and to the company itself. The data will be processed exclusively by the Bluespirit operators and by the professional figures related to the company's legal and commercial activity. 7.2 Data controller is DIP Spa, with registered office: Via Commerciale 29 Santa Giustina in Colle, 35010 PD and operational headquarters: Via Crotone 2A, 00182 Rome RM
8. Complaints
Any complaint must be addressed to DIP Spa by registered letter with notice of receipt at the following address: Via Crotone 2A, 00182 Rome RM Italy.
9. Applicable law
The sales contract between the Customer and DIP Spa is concluded in Italy and governed by Italian law. If the customer is a private consumer, for the resolution of civil and criminal litigation arising from the conclusion of this distance sale contract, the territorial competence is that of the court of reference for his or her district of residence; in all other cases, the territorial competence is exclusively that of the Court of Rome.
1. Acceptance of the general conditions of sale
1.1 The contract stipulated between DIP - Diffusione Italiana Preziosi S.p.a. and the Customer must be considered concluded with the acceptance, even partial, of the order by DIP Spa. This acceptance is considered tacit unless otherwise communicated in any manner to the customer. By placing an order in the manner provided, the Customer declares to have read all the information provided during the purchase process and fully accepts the general conditions and the payment conditions set forth below.
1.2. If the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his or her professional activity), once the online purchase procedure is completed, he will print or save electronic copy and in any case retain the present general conditions of sale, in accordance with the Consumer Code provisions on remote sales (DL 206/05).
1.3. All rights of the customer shall be excluded for damages or indemnification, as well as any contractual or extra liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order.
2. Purchase methods
2.1 The Customer can only purchase the products present in the electronic catalog of DIP Spa at the time of placing the order and viewable online at www.Bluespirit.com, as described in the respective information sheets. It remains meant that the image accompanying the description of a product can not be perfectly representative of its characteristics but differ for color, dimensions, accessories in figure. All the information supporting the purchase (Glossary, Buying Guide, etc...) are to be understood as simple general information material, not referable to the real characteristics of a single product.
2.2 The correct receipt and acceptance of the order is confirmed by DIP Spa through an email reply, sent to the e-mail address communicated by the Customer. This confirmation message will contain Date and Time of execution of the order and a 'Customer Order Number', to be used in any further communication with DIP Spa. The message reproposes all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate possible corrections according to the methods described in this document.
2.3 In case of non-acceptance of the order, DIP Spa guarantees timely communication to the Customer.
3. Payment Methods
3.1 Credit card
3.1.1 In the case of purchase of goods with Credit Card payment method, together with the conclusion of the online transaction, the bank will provide to authorize the only commitment of the amount related to the purchase made. The amount related to the goods ordered, even partially, will actually be charged to the customer's credit card following acceptance, and the related communication to the customer, of the order.
3.1.2 DIP Spa reserves the right to charge the customer's credit card in order to avoid the expiry of the authorization of the transaction that takes place on the 23rd day.
3.1.3 In no moment of the procedure of purchase, DIP Spa is able to know the relative information to the credit card of the purchaser, transmitted through protected logon directly to the web site of the bank institution that manages the transaction. No computer archive of DIP Spa will keep such data. In no case may DIP Spa be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment of products purchased on www.Bluespirit.com
3.2 Bank Transfer Payment (payment in advance)
3.2.1 The Bank Transfer Payment form (payment in advance) can not be used on all catalog items. Any limitations are clearly highlighted in the shopping cart. In case of payment through Bank Transfer Payment, the items ordered by the customer will be kept busy until reception of the proof of bank transfer, to be sent to DIP Spa (by fax or email) no later than 3 working days from the date of the acceptance of the order. The sending of the order will take place only at the time of the actual crediting of the amount due on the Current Account of DIP Spa that must take place within 7 working days from the date of acceptance of the order. After these deadlines, the order will automatically be canceled.
3.2.1.1 The purpose of the bank transfer must always include: a) the order reference number; b) the date of execution of the order; c) name and surname of the person who placed the order.
4. Delivery methods and costs
4.1 DIP Spa can only accept orders with delivery in Italy and in the European Community
4.2 For each order placed on www.Bluespirit.com, DIP Spa will issue an invoice of the shipped material, sending it within the package, pursuant to Article 14 of Presidential Decree 445/2000 and Decree Law 52/2004. For the issuance of the invoice, the information provided by the customer when placing the order, will be taken into account. No changes can be made to an invoice after it has been issued.
4.3 Delivery costs are to be borne by DIP Spa without prejudice to any transportation costs contributions, explicitly highlighted at the time the order is placed. The payment of the goods by the Customer will take place using the method chosen when ordering. Nothing is to be paid from the customer than the total order.
4.4 No responsibility can be attributed to DIP Spa if the processing or delivery of the order is delayed.
4.5 The delivery is intended to be at the street level except: a) different communication of our customer service b) what is provided in the technical datasheet of the product; c) explicit purchase of delivery to the floor, where envisaged.
4.6 At the time of delivery of the goods by the courier, the Customer is required to check: a) that the number of packages delivered corresponds to that indicated in the transport document; b) that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal straps).
4.7 Any damage to the packaging and / or the product or the mismatch in the number of packages, must be immediately contested, affixing RESERVE OF WRITTEN CONTROL (SPECIFYING THE REASON OF THE RESERVE, eg "perforated packaging", "crushed packaging" ", etc.) on the courier delivery proof. Once the courier's document has been signed, the customer cannot raise any objection regarding the external characteristics of the goods delivered.
4.8 Any problems concerning the physical integrity, completeness or correspondence of the products received with the indications in the order confirmation email (in particular the presence of the instructions and the guarantee coupon) must be reported within 7 days from the date delivery, according to the procedures provided for in this document.
4.9 In case of failure to collect the material in storage at the warehouses of the courier within 5 working days because of repeated inability to deliver to the address specified by the Customer when ordering, what ordered will be returned to the warehouses of DIP Spa, which will retain the amount corresponding to the cost of the storage of the goods at the warehouses of the courier as well as the cost of the transport of the goods at its stores.
4.10 In case of failure to collect the goods by the buyer within 1 month, DIP Spa will retain the order null and void.
4.11 As established by art. 63 co. 2 D.Lgs. 206/2005, renewed by Legislative Decree 21/2014 "In the event that the carrier has been chosen by you outside of those proposed at the time of purchase, the risk of damage and loss of the products is transferred to you already at the time of delivery to the same carrier, precluding any objection regarding the external characteristics of the delivered goods. In this case, every complaint must be made directly by you against the carrier. "
5. Right of withdrawal
5.1 Pursuant to Legislative Decree 206/2005 and subsequent amendments expressed in Legislative Decree 21/2014, if the customer is a consumer (ie a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase indicating in the order form to DIP Spa a VAT number), has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in the following points 5.3 and 5.5. According to the Annex I, part A, D.Lgs. 206/2005: "You have the right to withdraw from the contract, without stating the reasons, within 14 days. The withdrawal period will expire after 14 days from the day ⌈1⌋. To exercise the right of withdrawal, you must inform us (⌈2⌋) of your decision to withdraw from this contract by means of an explicit declaration (for example, a letter sent by post, fax or e-mail or any explicit declaration). To this end you can use the attached withdrawal form, but it is not mandatory ⌈3⌋ ".
5.2 To comply with the withdrawal deadline, it is sufficient that you send the communication concerning the exercise of the right of withdrawal, by mail or with the return procedure to be activated in the "my orders" section of the Bluespirit.com site, before expiry of the withdrawal period. Once the aforementioned withdrawal notice has been received, DIP Spa will promptly inform the customer of the instructions on how to return it. Specifically as per Annex I, part A, D.Lgs. 206/2005: "Should you withdraw from the contract, all payments made in our favour will be reimbursed in full, including any delivery costs (except additional costs incurred where an alternative to our standard economy delivery method is chosen by yourself), without unnecessary delay and no later than 14 days from the day that you notify us of your decision to withdraw from the contract. These refunds will be made using the same payment method used by you for the initial transaction, unless you have expressly agreed otherwise; in any case, no costs will be incurred as a consequence of such reimbursement (full refund, including original shipping costs, within 14 days from the communication of the withdrawal). The standard letter relating to the return request must be as follows, according to the terms of Annex I, part B, D.Lgs.206/2005; "Instructions for completion: B. Model withdrawal form - pursuant to Article 49, paragraph 1, lett. h) - (fill in and return this form only if you wish to withdraw from the contract) - Recipient [the name, geographical address and, if available, the telephone number, fax number and e-mail addresses must be entered by professional]: - Herewith I / we (*) notify the withdrawal from my / our (*) contract of sale of the following goods / services (*) - Ordered the (*) / received the (*) - Name (s) of the consumer (s) - Address of the consumer (s) - Signature of the consumer (s) (only if this form is in printed version) - Date (*) Delete the useless wording. "The goods must be returned intact, complete with all its parts and in original packaging (envelopes and packaging), stored and possibly used according to normal care, without any signs of wear or dirt, in compliance with the conditions of the following points 5.3 and 5.5.
5.3 The right of withdrawal is however subject to the following conditions: a) the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased; b) the right does not apply to audiovisual products or sealed computer software (including those attached to hardware), once opened; c) the purchased good must be intact and returned in its original packaging, complete in all its parts (including packaging, Bluespirit packaging, and any documentation and accessory equipment); to limit damage to the original packaging and to the Bluespirit package, we recommend wrapping and sealing it with adhesive tape; in all cases, the affixing of labels or adhesive tapes directly onto the original packaging of the product and on the Bluespirit packaging should be avoided; d) in relation to the shipping costs of the returned goods, they will not be charged to the customer in case of replacement of the product or of the value of the product above 200 euros. Otherwise shipping costs will be charged to the customer and to be made at the address communicated at the time of return e) the shipment until the certificate of receipt in our warehouse is under the full responsibility of the customer; f) in the event of damage to the goods during transport, DIP Spa will inform the customer of the event (within 5 working days of receipt of the goods in its stores), to allow him to promptly report his complaint to the courier chosen by him and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for his return, simultaneously canceling the request for withdrawal; g) DIP Spa is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments; h) upon arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport. In case the packaging and / or the original packaging are damaged, DIP Spa will deduct from the refund due a percentage, however not exceeding 10% of the same, as a contribution to the restoration costs.
5.4 Without prejudice to any restoration costs for damage ascertained to the original packaging, DIP Spa will reimburse the customer the full amount already paid, within 14 days from the return of the goods, by a transfer of the amount charged to the credit card or bank transfer. In the latter case, the customer will promptly provide the bank details for the refund (IBAN code of the invoice holder).
5.5 The right of withdrawal is lost, due to lack of the essential condition of integrity of the goods (packaging and / or its content), in cases in which DIP Spa establishes: a) the non-diligent use of the good that has compromised its integrity, or the use of any consumables; b) the lack of the external packaging and / or the original internal packaging; c) the absence of integral elements of the product (accessories, manuals, parts,...); d) damage to the product for reasons other than transport. In the case of forfeiture of the right of withdrawal, the goods will remain at the headquarters of DIP Spa, available to the customer for collection at his own expense.
5.6 As foreseen by the Art. 59 D.Lgs. 206/2005 on Exceptions to the right of withdrawal: 1. The right of withdrawal pursuant to Articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in respect of: a) service contracts after the full performance of the service if the execution started with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional; b) the supply of goods or services whose price is linked to fluctuations in the financial market that the professional is not able to control and which may occur during the withdrawal period; c) the supply of goods made to measure or clearly personalized; d) the supply of goods that are liable to deteriorate or expire rapidly; e) the supply of sealed goods that can not be returned for hygienic reasons or related to health protection and have been opened after delivery; f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods; g) the supply of alcoholic beverages, whose price has been agreed upon at the time of conclusion of the sales contract, whose delivery can take place only after thirty days and whose actual value depends on fluctuations on the market that can not be controlled by the professional; h) contracts in which the consumer has specifically requested a visit by the professional for the purpose of carrying out urgent repairs or maintenance work. If, on the occasion of such a visit, the professional provides services in addition to those specifically requested by the consumer or goods other than the spare parts necessary for maintenance or repairs, the right of withdrawal applies to such additional services or goods; i) the provision of sealed audio or video recordings or sealed computer software that have been opened after delivery; l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications; m) contracts concluded at a public auction; (n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of execution; o) the provision of digital content through non-material support if the execution began with the express agreement of the consumer and with his acceptance of the fact that in that case he would lose the right of withdrawal. " We highlight the link to the European consumer dispute resolution platform: https://webgate.ec.europa.eu/odrhttps://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show & lng = EN.
6. Warranties
6.1 All products sold by DIP Spa are covered by the manufacturer's standard warranty and the 24-month warranty for conformity defects, pursuant to Legislative Decree 24/02. To use the warranty, the customer must keep the warranty coupon in the original package, as well as the invoice issued by DIP Spa. The exercise of the Warranty may involve the request for assistance to Authorized Service Centers of the area and / or follow the methods illustrated in the documentation included in the product packaging.
6.2 The manufacturer's standard warranty is provided as explained in the documentation included in the packaging of the product. If, following an intervention by an Authorized Service Center, the defect is not covered by the manufacturer's conventional warranty, the Customer will be charged for any verification and restoration costs requested by the Authorized Assistance, as well as transport costs, if backed by DIP Spa.
6.3 The 24-month warranty pursuant to Italian Law Decree 24/02 applies to products that present a lack of conformity, provided that the product is used correctly, respecting its intended use and as provided for in the technique documentation attached. Such guarantee is reserved to the private Consumer (physical person who buys goods for purposes not related to his professional activity, or makes a purchase order form without indicating a VAT). In case of conformity defect, DIP Spa supplies, without expenses for the Customer, to the restoration of the conformity of the product by means of repair/substitution or to the reduction of the price, until the resolution of the contract. If, following an intervention by an Authorized Service Center, the defect does not result in a lack of conformity pursuant to Decree 24/02, the Customer will be charged for any verification and restoration costs requested by the Authorized Assistance, as well as the transport costs if supported by DIP Spa
6.4 The replacements in case of DOA (Dead On Arrival: product not working on delivery) occur only if expressly provided by the manufacturer. The time period required for exchanges or any repairs depends exclusively on the policies of the manufacturers.
6.5 In the event that, for whatever reason, they are unable to provide the customer with a product under warranty (either repaired or replaced), DIP Spa may proceed at their own discretion to refund the amount paid or to replace the product with a product of equal or superior characteristics.
6.6 The times of repair or possible replacement of the product depend exclusively on the policies of the manufacturer and no damage can be requested to DIP Spa for any delays in carrying out repairs or replacements. 6.7 In the cases in which the application of the guarantees preview the restitution of the product, the good must be returned from the Customer in its original package, complete in all its parts (including packaging and any documentation and accessories: manuals, etc. ... ); to limit damage to the original package, it is recommended to put it in a second box; it should be avoided in all cases the attachment of labels or tape directly on the original product packaging.
7. Privacy
7.1 The personal information requested for sending the order is collected and processed in order to meet the expressed requirements of the customer and will not, under any circumstances, be transferred to third parties. DIP Spa guarantees its customers the respect of rules on the processing of personal data covered by the Privacy Code referred to in Legislative Decree No. 196 dated 30.06.03. . As foreseen by the former art. 7 D.Lgs. 196/2003 for the rights of the interested party: the processing of personal data has an exclusive commercial purpose and the requests are finalized only for practical use deriving from the sales relationship of the products we offer through our exercise. - Some required data are mandatory for payments and shipments for products sold, to ensure greater security for the purchase both to the customer and to the company itself. The data will be processed exclusively by the Bluespirit operators and by the professional figures related to the company's legal and commercial activity. 7.2 Data controller is DIP Spa, with registered office: Via Commerciale 29 Santa Giustina in Colle, 35010 PD and operational headquarters: Via Crotone 2A, 00182 Rome RM
8. Complaints
Any complaint must be addressed to DIP Spa by registered letter with notice of receipt at the following address: Via Crotone 2A, 00182 Rome RM Italy.
9. Applicable law
The sales contract between the Customer and DIP Spa is concluded in Italy and governed by Italian law. If the customer is a private consumer, for the resolution of civil and criminal litigation arising from the conclusion of this distance sale contract, the territorial competence is that of the court of reference for his or her district of residence; in all other cases, the territorial competence is exclusively that of the Court of Rome.