Site: the website managed by I.R.C. William Di Carlo S.r.l., accessible through the url www.dicarlo.it, and used to purchase the several products.
Client: is the subject (physical or legal person) who purchase products on the website, accepting the General Term and Conditions of Sale.
Parties: I.R.C. William Di Carlo and the Client.
Order: the application form, for the products that can be purchased, filled by the Client through the website.
Products: the goods that can be purchased on the website, based on the General Terms and Conditions of Sale.
Final Price: the payment for the selling of the goods, including the shipping costs.
Agreement: the remote agreement having as subject the selling of the goods, based on the General Terms and Conditions Of Sale.
Profile: the area of the website where the clients, upon authentication, can:
- view and change his/her own personal info and the addresses where the products, order subject, should be shipped and delivered;
- view the previous orders;
- access to any other specific function concerning their activity on the website.
Delivery expenses: the additional amount due to the delivery of the product/s.
1.1The General Terms and Conditions regulate all the Agreements included between the parties and they are an integral part.
1.2 the General Terms and Conditions can be modified each time also in consideration of further normative changes. The new General Terms and Conditions shalle become effective upon to the publication date on the Website.
2.1 The website registration allows clients to view the previous orders, manage the shipping and billing addresses, change the password and account details. The client personal data will be saved and they will constitute the Profile and once logged in, the system will recognize and remember the data without the need of introducing them everytime.
2.2 At the moment of registration, the client will be asked to insert password and email.
3.1 The price is expressed in € (Euro). The applied price is that published on the Website at the moment of the order selling by the Clients.
3.2 The price shown includes the VAT tax, expected for the type of product.
3.3 The total price resulting at the end of the Order includes the shipping costs, but it doesn’t include further customs and/or additional taxes on the selling, necessary for the import of the goods in foreign territory. Any other additional tax for custom clearance operations shall be exclusively charged to the addressee.
4.1 The shopping bag allows to check immediately the products inserted, with their total cost, VAT included. It is possible to choose the quantities to be purchased for any kind of the product choosen or delete one or more products from the shopping bag. A series of options that allows to:
- update the shopping bag after having modified or cancelled the quantities;
- delete individually the products choosen.
4.2 Once filled the shopping bag with the product desired, it is possible to purchase and choose the payment method. Before completing the payment transaction, you would be asked some data necessary for the identification. The client already registered can, with only one click on login button, immediately access to the website and complete the Order.
4.3 As soon as you the Order is completed, the Client will receive a copy of the same by email, containing all the essential info concerning the Product purchase, the detailed indication of the Price, the payment methods, the delivering expenses.
4.4 The order can be deleted until the product has not been shipped following the modalities indicated during the order confirmation sent.
The contract will improve through the following steps:
5.1 Once the order has been received, the Client will sent a purchase request of the product or products selected to I.R.C. William Di Carlo. The The order proposal will be valid as consent, according to the Law, to receive the subsequent communications from I.R.C. William Di Carlo hereinafter described, exclusively aimed at the completion and execution of the contract.
5.2 I.R.C. William Di Carlo will sent to Client the Order Confirmation and assign an “Order Number” that should be used for any further communication with the same company.
5.3 The Agreements are understood to be completed between the Parties at the moment in which the Clients receive the Order Confirmation and the Order Number.
5.4 Once the order has been received, the Clients declares that s/he has entirely accepted the General Terms and Conditions, read all the information concerning the purchase modalities of the Products as well as further information contained in the Website, also the ones contained through the dedicated link.
5.5 The Orders will be managed and archived at I.R.C. William Di Carlo Srl head office.
5.6 I.R.C. William Di Carlo reserves the right to eliminate purchase orders that don’t guarantee adquate solvency or that are incomplete or not correct or rather in case of unavailability of the products. Furthermor, I.R.C. William Di Carlo srl reserves the right to eliminate the purchase orders if the conditions of the adresseses appear alterated. I.R.C. William Di Carlo srl doesn’t guarantee the certainty of the availability of the product ordered and therefore, it reserved the right to eliminate the purchase orders in case of unavailability of the Products by informing promptly the Client. It is excluded any right of the Client to damage compensation or reimburse, as well as any contractual or extracontratual responsibility for direct or indirect damages to people and/or things, caused by the missed attention, also partial, of an Order.
5.7 The Client can purchase the products on the Website catalogue. It is understood that the illustration supplied on the product specification should not perfectly represent its characteristics but differ in colours, sizes, accessories products that the client can find on the illustration. The presentation of each product contained on the website is merely illustrative and it doesn’t represent testimony or guarantee by the I.R.C William Di Carlo Srl on the effective characteristics and performances of the goods sold.
6.1 The I.R.C William Di Carlo Srl allows Clients to pay through payment systems supplied by Shopify Payments (national and international credit cards, prepaid cards such as Visa and Mastercard, PostePay), PayPal and through Bank Transfer.
DELIVERY OF PRODUCTS
7.1 The products are delivered to the address indicated from the Client at the moment of the registration in accordance with art.3 or to the address indicated at the moment of the order in the section “Shipping Details”. The delivery place of the Products cannot coincide with a space or public area. The I.R.C. William Di Carlo reserves the right to not deliver the Products, subject of the order, when the abovementioned condition occur.
7.2 We recommend our clients to write carefully all the personal data concerning shipping address (civic number, surname on the bell, number of the block and staircase, etc…). I.R.C. William Di Carlo declines any right to the Client for damage compensation or reimburse with regard to non-fulfillment or delayed deliveries because of mistakes, inaccuracies or lacks about the shipping address as it indicated by the Client in the Order.
7.3 The Clients, or any other entities appointed by the Clients who are located to the address indicated in the Order Confirmation for the product delivery, are obliged to verify, at the moment of the delivery, that the packaging/box of the Products is intact, without any damage or broken.
7.4 Any packaging damage of the Products should be immedately contested by the Client through the application of a written verification on the proof of the delivery receipt (waybill, voucher, tablet or any other support offered by the courier). It is understood that, once signed the delivery document without any claim, the Client could not be able to raise any dispute to the I.R.C. William Di Carlo Srl with respect to the external characteristics of the product delivered. If the courier has been chosen by the Client, other than the ones suggested in the purchase phase, the risk of damage or deterioration of the Products is is a real concern for not only the Client, already in the moment of delivery, bit also for the same courier, excluding any claim concerning the external charateristics of the product delivered. In this latter case, any claim shall be directly addressed to the Client towards the courier.
7.5 The products can be delivered by the appointed by the I.R.C. William Di Carlo Srl only to Clients or to people authorized by them. The subject who will receive the products shall sign a document in order to declare that the delivery has been completed successfully,
LEGAL GUARANTEE OF CONFORMITY
8.1 All the products commercialised benefit from the legal guarantee of conformity in accordance with the articles 128 and Consumer Code that covers further inherent defects of the products purchased, existing at the time of the delivery of the same products, that are externally visible within 24 months from the delivery. They are excluded from the inherent defects and, therefore, from the legal guarantee, further faults or damages caused by accidental events or by the Client for a use of the product that is non-compliant with the relative intended use, that is effect of normal wear. In order to benefit from this guarantee, the Client should claim the inherent defects within two months from the discovery, under penalty of invalidation with communication addressed to the head office of I.R.C. William Di Carlo Srl, indicating accurately the defects and faults found.
8.2 The Client can ask to the seller for the substitution of the good, without any expenses unless the remedy requested is objectively impossible or excessively onerous. The Client can require, by his/her choice, a congruent reduction of the price or the termination of the contract where:
- the substitution is impossible or excessively onerous;
- the seller has failed the substitution of the good within the adequate term in accordance with the provision 5 Art. 130 Consumer Code;
- the previous substitution has caused considerable problems to the consumer.
9.1 The shipping costs are clearly specified within the FAQs section, in each production specification and in the conclusion phase of the order. The client can check, anytime, if the product interested requires or not a fee relative to the shipping costs, checking the presence of the specific wording “Free Delivery”.
Before the termination of the contract and before transmission of the order, the system will point out the correct amount.
10.1 I.R.C. William Di Carlo Srl shall be released from the performance and execution obligation of this contract due to force majeure, temporary or permanent such as – including but not limited to – strikes, interruptions, fires, natural and/or atmospherical events and for any other causes ocurred outiside the control of I.R.C. William Di Carlo Srl and of the same non responsible, also previous, that impede or worsen the total or partial execution of this contract.
MISTAKES AND INACCURACIES IN THE SHOP ONLINE
11.1 I.R.C. William Di Carlo Srl undertakes to verify constantly the Website in order to avoid mistakes or inaccuracies. However, it is possible that the Website contains, or can contain through time, mistakes, inaccuracies or omissions. I.R.C. William Di Carlo Srl reserves the right to correct the mistakes, inaccuracies or omissions contained in the Website, even after the transmission of an order as well as the right to change or update the information any time without prior communication to the Clients.
12.1 All the intellectual property rights related to the Website (including the contents and photographic images) are reserved. The Website and its contents cannot be reproduced neither integrally nor partially, transferred with eletronical or conventional means, modified, connected and used for any kind of purpose without the prior written consent by I.R.C. William Di Carlo Srl.
APPLICABLE LAW AND COMPETENT JURISDICTION
14.1 The General Terms and Conditions are governed and interpreted in accordance with the Italian Law.
14.2 The Parties agree that is explicitly excluded the application to this Contract of the UNFCCC/United Nations Framework Convention for the Selling Goods Internationally.
14.3 All disputes resulting from the Contract or relating to it shall be subject to the exclusive jurisdiction of the court of Sulmona.