Terms and conditions
TERMS AND CONDITIONS
1.DEFINITION AND OBJECT OF THE CONTRACT
1.1 - This contract ("Contract") is a distance contract pursuant to art. 50 and ss. Of Legislative Decree6 September 2005, n. 206 ("Consumer Code").
The Contract concerns the sale of goods between Dakota Rome 23 Srl, with registered office in Rome (RM) Via Belsiana 3 - 00187, VAT number 16330631009 ("Dakota") and the consumer (the "Customer").
The Agreement is concluded directly through acceptance by Dakota of a purchase proposal issued by the Customer by telephone or via the internet, following the invitation to offer content in teleshopping broadcasts, on the website www.dakotarome.com (the "Site") and / or through other Dakota distance selling systems, on the basis of the methods described in article 3 below.
1.2 These general conditions of sale ("General Conditions") and, in particular, the information referred to in art. 52 of the Consumer Code, as provided by Dakota in the course of teleshopping broadcasts, repeated on the telephone to the Customer and reported on the Site, will remain valid and effective until modified and / or supplemented by Dakota.
Any changes and / or additions to the General Conditions will be effective from the date on which they will be communicated to the public and will apply to sales made from that date. The latest updated version of the General Conditions is the one available on the Site.
The sales prices of the products shown during teleshopping broadcasts, on the Site and / or through any other Dakota distance selling systems are inclusive of VAT and all other taxes. Delivery costs are indicated during teleshopping broadcasts, on the Site and / or through any other Dakota distance selling systems and, in the case of a telephone order, repeated to the Customer by the Dakota operator.
3.METHOD OF PURCHASE AND PAYMENT
3.1 - The Agreement by telephone is finalized by communicating to the Customer (who has contacted Dakota by telephone and formulated, on that occasion, a purchase proposal, also providing the operator with the data necessary for the registration procedure of his / her name, purchase order and the chosen payment method) that the proposal is accepted.
3.2 - In accordance with the legislative decree 9 April 2003, n. 70 containing provisions on electronic commerce, Dakota informs the user that:
to conclude the purchase contract for one or more products on the site, the user must fill out an order form in electronic format and send it to Dakota, electronically, following the instructions that will appear on the site from time to time and which will accompany the different stages of the purchase.
In the case of purchase proposals sent through the Site, the Customer will receive a summary e-mail from Dakota, with which he will be informed that his purchase proposal is being processed and will be considered accepted, unless otherwise communicated by e-mail. or by telephone sent by Dakota within the term of 3 (three) calendar working days from receipt of the summary e-mail. After this deadline, the Internet Agreement is to be considered perfected.
3.3 - The Customer will be allowed to choose one of the following payment methods: (a) cash on delivery, to be made to the courier who delivers the product; or (b) by any other means of payment from time to time designated as valid by Dakota through the teleshopping broadcasts or on the Site.
The contract is concluded when DAKOTA registers the order form, after verifying the correctness of the data relating to the order and payment.
4.DELIVERY OF PRODUCTS - COMPLAINTS
4.1 - Dakota will send the ordered products to the postal address specified by the user in the registration form.
Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays. Delivery will be made within 5/7 working days from the day of receipt of the order. Delivery is considered completed when the product is made available to the user at the address specified in the registration form. In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a postcard to certify the delivery attempt. The card will indicate the details to contact the courier and define an appointment for delivery. If even after two delivery attempts there is no positive result, the purchased product will be placed in storage or returned to the seller.
In the event that it returns to the seller, the customer is responsible for paying the costs of the new shipment.
4.2 - Any complaint can be sent to the following address: Dakota, based in Rome (RM) Via Belsiana 3, 00187.
5.AVAILABILITY OF PRODUCTS
Dakota accepts the Customer's orders within the limits of the quantities of the requested products existing in stock. Therefore, the acceptance by Dakota of the purchase proposal sent by the Customer is subject to the availability of the products in stock.
Dakota undertakes to promptly notify the Customer of any unforeseeable out of stock due to excess demand or other causes.
6.WARRANTIES AND ASSISTANCE
For the products purchased by the Customer, the rules on guarantees and assistance relating to the sale of consumer goods are applicable.
7.OBLIGATIONS OF THE CUSTOMER
The Customer declares and guarantees: (i) to be a consumer in accordance with the provisions of art. 3 of the Consumer Code; (ii) to be of age; (iii) that the data provided by the same for the execution of the Contract are correct and truthful.
8.RIGHT OF WITHDRAWAL
8.1 - The Customer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 days of receipt of the products. The Customer may exercise the right of withdrawal, within the aforementioned term, by manifesting it by telephone or by means of a written communication at the Dakota headquarters pursuant to art. 4, to be sent by registered letter with acknowledgment of receipt or by telegram, telex, e-mail or fax.
DAKOTA will refund the value of the product by issuing a credit note .
8.2 - The Customer who intends to exercise the right of withdrawal must return the products to the address indicated on the invoice, following the instructions contained therein, within 14 days of receipt of the products.Pursuant to article 55, second paragraph, of the Consumer Code; the product, even if opened, must be “like new”, therefore intact, with complete packaging and in perfect condition, complete with all accessories, the identification tag must still be attached to the product.
If the methods and terms for exercising the right of withdrawal are not respected, the user will not be entitled to a refund of the sums already paid to the seller.
All returned items will be inspected. In the case of products that do not meet these characteristics, DAKOTA reserves the right to refuse the return or to apply a reduction on the price. The withdrawal can be sent within 14 days from the date of receipt of the goods by e-mail to email@example.com
8.3 - The costs of returning the products are charged to the customer.
The sums to be refunded will be processed as quickly as possible and, in any case, within 30 days from the date on which the seller became aware of the exercise of the right of withdrawal and once the correct execution of the terms and conditions indicated above has been verified. .
9.TREATMENT AND CONFIDENTIALITY OF PERSONAL DATA INFORMATION PURSUANT TO D.LGS.196/03
9.1 Pursuant to and for the purposes of the provisions of Legislative Decree of 30 June 2003, 196 Code regarding the protection of personal data (hereinafter the "Code"), we inform you that your personal data, provided and / or acquired subsequently, they will be processed by Dakota, in Italy and abroad, through electronic and manual tools in compliance with the Code and current legislation on privacy.
The Contract is governed by Italian law. Any dispute relating to the application, execution, interpretation and violation of the Contract will be the responsibility of the Court in which the Customer has his residence or domicile, if located in the territory of the Italian State, or of the Court of Rome, if the Customer has his own residence or domicile abroad.