1. Acceptance of sales terms
1.1 the contract stipulated between Dali Studio S.r.l. and the customer, will be considered concluded with the acceptance, even if only partial, of the order by Dali Studio S.r.l. . This acceptance will be considered implied , if not otherwise communicated , with any mode to the customer. Making an order with the anticipated procedures, the customer declares to have taken vision of all the informations provided to him during the purchasing procedure and to fully accept the general conditions and payment conditions below reproduced.
1.2 If the customer is a consumer ( that is a physical person who buys goods for purposes not associated with his professional activity) once completed the purchasing procedure on-line, he will print or save electronic copy ,and ,in any case preserve the present Sales General Conditions as settled by Dlgs 206/05 on distance selling.
1.3The non-acceptance, even partial, of an order, excludes any right for the customer to a compensation for damages or indemnity and excludes any contractual or non contractual responsibility for direct or indirect damages for people and/or things
2. Purchasing terms2.1 The customer can buy only the products in the electronic catalogue of Dali Studio S.r.l. at the time of submitting the order, and visible online at the address 404, as described in the relative information sheets. It is understood that the image that accompanies the descriptive card of a product , may not be perfectly representative of its characteristics, but may differ by color, size, accessories present in the picture. All the supporting information for the purchase ( glossary, guide to purchase etc…) shall be considered as simple information material not attributable to the real features of a single product.
2.2 The correct reception and acceptance of the order will be confirmed by Dali Studio S.r.l. . with a reply sent to the e-mail address communicated by the customer. The confirmation will report date and time of execution of the order and a “ client order number” to be used in any further communication with Dali Studio S.r.l. . The message reproposes all the data inserted by the customer who will undertake to verify the correctness and to communicate promptly any correction, according to the detailed rules described in this document.
2.3 In the case of non acceptance of the order, Dali Studio S.r.l. srl Will guarantee timely communication to the customer.
3. Payment Method
3.1 Credit card
3.1.1 in case of purchase of goods with Credit Card payment method , contextually at the confirmation of the order online,the effective transfer of money,and the communication from the Bank of reference, will lead to tacit acceptance by Dali Studio S.r.l. Srl of the concerning order.
3.1.2 Dali Studio S.r.l. Srl reserves the rigth to charge the customer Credit Card in order to avoid the expiry of the authorization of the transaction that occurs the 23° day.
3.1.3 Never, in the purchasing procedure, Dali Studio S.r.l. will be in the position to know informations relating to the Customer Credit Card,transmitted trough secure connections to the site of the Bank that manages the transaction.No computer file of Dali Studio S.r.l. Srl will keep such data.Under no circumstances Dali Studio S.r.l. may therefore be held responsible for possible fraudulent and undue use of credit cards by a third part, in the act of payment of products purchased on www.404.it.
3.2 Advance Bank Transfer
3.2.1 The form of payment Credit Transfer in Advance is not available on all the articles in the catalogue. Eventual limitations are clearly indicated inside the purchasing basket. In case of Credit Transfer in Advance, whatever the customer has ordered, will be considered committed untill Dali Studio S.r.l. will receive the proof that the payment had taken place,proof sent to Dali Studio S.r.l. by fax or by e-mail, within 3 working days from the date of acceptance of the order.
Beyond that date , the order will be automatically cancelled.
3.2.2 The purpose of the credit tranfer in advance should always indicate:
a) the reference number of the order
b) the dat of the order
c) name and surname of the holder of the order.
4. Methods and costs of delivery
4.1 Dali Studio S.r.l. Srl accepts orders only with delivery in Italy and Europe.
4.2 Dali Studio S.r.l. Srl releases an invoice of the material shipped, sending it inside the package, for each order made on 404, within the meaning of the article 14DPR 445/2000 and DL 52/2004. The informations provided by the customer in the act of the order,make faith for the release of the invoice.
No change in the invoice will be possible after its release.
4.3 The cost of delivery is charged to Dali Studio S.r.l. Srl except any contribution of transport cost,clearly indicated at the time of the order.
The payment of the goods by the customer will be done according to the choice at the time of the order.Nothing else is due by the customer about the total order.
4.4 No liability can be attributed to Dali Studio S.r.l. Srl in case of delay in dealing with the order or in the delivery of the ordered goods.
4.5 The delivery of ordered goods is meant at the street level except:
a) a different comunication by our Customer Service
b) if provided in the technical sheet of the product
c) the outspoken purchase of the delivery to your floor where this is provided.
4.6 At the time of delivery of goods by the courier,the Customer must check:
a) That the number of packages delivered correspond to that indicated in the transport document.
b) that the package is intact, not damaged,or wet or however altered,also in closing materials( strapping tape or metal stitch )
4.7 Any damage to packing and/or to the product,or the no correspondence of the number of packages or of indication must be immediately notified, affixing Written Control Reserve (specifying the reason for the reserve example: "package perforated" package crushed" etc. on the curier delivery proof.
Once signed the document of the courier,the Customer may not plead any dispute about external characteristic of what delivered.
4.8 Any problem ,which concern the integrity, the completeness or the conformity of products received with what indicated in the e-mail confermation of the order (particularly the presence of the instructions and the guarantee coupon), must be reported within 7 days from the delivery,as provided for in this document.
4.9 If the goods in storage in the wharehouse of the courier, becouse of the impossibility of handing it over to the address indicated by the customer at the act of the order,will not be withdrawn within 5 working days,the order will be brought in again in the wharehouse of Dali Studio S.r.l. Srl which will hold back an amount corresponding to the cost of the deposit of the goods in the courier storehouse.
4.10 In the event of non withdrawal of the goods from the purchaser, within 3 months,Dali Studio S.r.l. Srl will consider the goods wreck and will keep an amount equal to the cost of goods,as penalty.
5. Return policy
5.1 According to the Dlgs 206/05 if the Customer is a consumer (that is to say a natural person who buys the goods for purposes not associated with his profectional activity or does not carry out the purchase indicating in the order form a reference to VAT number), has the right to withdraw from the purchase contract for whatever reason,without having to provide explanation and without any penalty,except as specified in paragraphs 5.3 and5.5.
5.2 To exercise his right to withdraw, the Customer shall send to Dali Studio S.r.l. Srl a communication in this sense,within 10 working days from the date of receipt of the goods.
This communication must be sent by registered letter with aknoledgement of receipt addressed to Dali Studio S.r.l. Srl, or by telegram or fax always within 10 working days,and followed by a confirmation by registered letter with aknoledgement of receipt sent strictly within the following 48 hours.
Once received the withdrawal notice,Dali Studio S.r.l. will quickly communicate to the customer the instruction with the restitution modality.The goods should be returned undamaged, complete in all their part and in the original packing (envelopes and packages)kept and used with the utmost care, without leaving signs of wear and dirt. In compliance with the conditions of the following points 5.3 and 5.5
5.3 The right of withdrawal is however subjected to the following conditions:
a) the right applies to the purchased product in its entirety; it is not possible to recede only a part of the purchased product.
b) the right does not apply to audiovisual products or to sealed software items (including those annexed to hardware),once open;
c) purchased goods must be intact and return in the original package,complete in all their parts (including packing, 404 packaging and any documentation,accessory equipment); to limit the damage at original package and at 404 packing we advise to wrap and seal it with adhesive tape;it should be avoided in any case the affixing of labels and tapes direcly on the original package of the product,and on 404 package;
d) in according with the law,the shipping cost, relating to return of goods, is to be charged to the Customer; the cost of delivery will not be refunded to the Customer(10 e)and any other associated cost indicated at the time of making the order;
e)The shipping, untill the certificate of receipt in our warehouse,is under full liability of the Customer;
f) in the event of damage to the product, during transport, Dali Studio S.r.l. will inform the customer of the occurrence (within 5 working days from the receipt of the goods in its stores),to enable him to promptly drow up a report against the courier chosen by him and obtein the compensation of the value of the good (if insured);
in this case the product will be made available to the customer for its return , making void,at the same time, the request of withdrawal;
g) Dali Studio S.r.l. Srl does not answer in any way for damages or theft/loss of goods returned with not insured shipping;
h) at its arrival to the warehouse the product will be examined in order to asses any damage or tampering that does not originate by transport. If the packing and/or the original boxing were ruined S..F.C. will keep a percentage from the reimbursement due (however not exceding 10 %) as a contribution to the cost of restoration
5.4 Except any possible cost of restoration for damage found in their original pacaging, Dali Studio S.r.l. will refund to customer the full amount already paid,within 15 daysby the return of goods, through transfer procedure of the amount charged to the Credit Card or through Bank Transfer.
In the last case it will be Customer care to promptly provide the coordinates on which obtain rembursement (IBAN code of the holder of the invoice).
5.5 The right of withdrawal lapses totally ,for lack of essential condition of integrity of the good (package and its contents) should Dali Studio S.r.l. ascertain;
a) the incorrect use of the good that has undermined the integrity, or the use of possible consumptiom materials;
b)the lack of esternal packaging and /or the original internal boxing;
c) the absence of integral parts of the product ( acessories, manuals, parties....)
d)the damage of the product for different reason by its transport.
In case of loss of right of recess, the goods will remain at the headquarter of Dali Studio S.r.l. at Customer's disposal for the withdrawal charged to him.
6.1 The personal data, requested in phase of forwarding the order, are collected and treated in a way to satisfy the explicit request of the Customer and will not be, in no case and at no title, transferred to third parties. Dali Studio S.r.l. guarantees to its Customers the respect of the normative on the matter of treatment of personal data, governed by the code on Privacy referred to the Legislative Decree n° 196 of 06/30/03.
6.2 Data Controller is Dali Studio S.r.l. , with headquarter in Via Carlo Alberto Racchia, 2 - 00195 Rome.
Any possible complaint must be addressed to Dali Studio S.r.l. by registered letter with acknowledgement receipt to the following address: Via Carlo Alberto Racchia, 2 - 00195 Rome, Italy.
The contract of sale between Customer and Dali Studio S.r.l. is meant concluded in Italy and governed by Italian Law. For the solution of civil and penal arguments resulting from the conclusion of the present contract of distance selling, if the Customer is a Consumer, the territorial jurisdiction is the one of the forum of reference in the common of residence; in all the other cases, the territorial jurisdiction is only the one of the Forum of Rome.