Terms & Condition
Preamble
The Seller is OFICINAMANUFAKT DANIELAPI SRL, based in Padua (PD), Via Pilade Bronzetti, no. 52 int. 1; email address: customercare@danielapi.com.
These General Terms and Conditions of Sale govern the offer, submission, and acceptance of purchase orders for the products bearing the “DANIELAPI” trademark available on the website www.danielapi.com (hereinafter, the “Site” and the “Products”) between the Customer and the Seller.
It is understood that the submission of a purchase order for the Products through the Site implies full and complete knowledge of these General Terms and Conditions of Sale, of which these preambles form an integral and essential part, as well as their full acceptance.
For information regarding the processing of the Customer’s personal data and the use of cookies on the Site, please refer to the Privacy Policy and the Cookie Policy.
1. Orders and Conclusion of the Contract
1.1 The use of the sales service described in these General Conditions is exclusively reserved for consumer Customers. The term “Consumer” means any natural person who enters into a legal transaction for purposes unrelated to their commercial, entrepreneurial, or professional activity. Therefore, the resale or transfer for any commercial or professional purposes of products purchased on the Site is expressly prohibited.
The Seller reserves the right not to process orders from parties who do not fall within the definition of Consumer.
1.2 Orders may only be submitted to the Seller by persons over the age of 18. In order to complete the purchase of the Products, the Customer must follow the procedure provided on the Site by filling in the designated electronic order, which will be displayed prior to the completion of the purchase process (the “Order”).
1.3 The Customer selects the items of interest by choosing them, after carefully verifying the model, size, colors, and quantity of the Products.
The essential characteristics of the Products are presented on the Site within each Product page. Although the Seller takes measures to ensure that the photographs displayed on the Site are faithful reproductions of the Products – including using every technological solution possible to minimize inaccuracies – the images and colors of the Products offered for sale may not correspond to the actual ones due to the technical characteristics and color resolution features of the computer used by the Customer.
The Seller expressly disclaims any liability for any discrepancies between the Products and their display on the Customer’s computer/smartphone that are attributable to the color resolution features of the device/browser used by the Customer.
1.4 Before submitting the Order, the Customer will be asked to carefully read the General Terms and Conditions of Sale and the information regarding the right of withdrawal, to print a copy using the print command, and to save or reproduce a copy for personal use. The Customer is also requested to verify the accuracy of the contents of the virtual shopping cart before confirming the Order by completing the purchase form according to the instructions provided on the corresponding page of the Site. The Customer may correct the Order before its completion or choose not to place the Order by leaving the Site without finalizing any order.
1.5 By clicking on the “Place Order” button, the Customer places a binding Order for the Products in the virtual shopping cart, acknowledges that this implies the obligation to pay the indicated price, and fully and unconditionally accepts all the clauses of these General Terms and Conditions of Sale as well as any additional information of any nature contained on the Site, including the Privacy Policy.
1.6 Once the Order is submitted, the Seller will send the Customer an email confirming the Order. It is understood that the sales contract between the Seller and the Customer is considered concluded only when the Customer receives the Order Confirmation from the Seller (the “Contract” and the “Order Confirmation”).
Each Order placed by the Customer on the Site implies the conclusion of a separate Contract with the Seller.
With the Order Confirmation, the Customer will receive written confirmation regarding the Order placed, including a summary of the order number and date, the ordered Products, and the amount paid. The Customer may access their order and the accepted General Terms and Conditions of Sale by consulting the “My Orders” section on the Site, from which they can access the history of orders placed, print these documents, and request the return of the Products.
1.7 The Seller may, at its discretion, choose not to process Orders that do not provide sufficient guarantees of solvency and/or that are incomplete or incorrect, or in cases where the selected Products are no longer available or for sale at the time the Order is submitted. In such cases, the Seller will inform the Customer that it is not possible to process the Order, specifying the reasons.
In particular, if the Products selected by the Customer are no longer available at the time of the Order, the Seller will notify the Customer within 15 working days from the day following the submission of the Order.
In such a case, if the Customer has already paid for the Products, the Seller will refund the amount advanced by the Customer and the Contract shall be deemed definitively terminated between the parties. The Seller shall not be obliged to refund any other amount to the Customer.
2. Prices, Shipping Costs, and Variations
2.1 The price of the Products offered through the Site is inclusive of VAT.
2.2 Standard shipping of the Products within the Italian territory is free.
2.3 The offers for Products on the Site, as well as their prices, are valid as long as they remain visible on the Site and while stocks last. The Seller reserves the right to change the Product catalog at any time and without notice. Any changes in the price or availability of the Products will also apply to Products already placed in the cart for purchases not yet completed before the changes.
3. Payment for the Products
3.1 Payment for the Products may be made by choosing one of the methods indicated in the order form.
3.2 In the case of payment by credit card, financial information (e.g., the card number or its expiration date) will be transmitted via an encrypted protocol to third parties who provide remote electronic payment services, solely for the purpose of processing the payment for the purchased Products. Such information will be used by the Seller only to complete the procedures related to the proper fulfillment of the Order and, if applicable, to issue a refund in the case of a Product return.
If, for any reason, the charge for the amounts due by the Customer does not occur, the sales process will be automatically cancelled and the sale nullified.
If the Customer chooses PayPal as the payment method, they will be redirected to the website www.paypal.it where they will complete the payment for the Products according to the procedure provided and regulated by PayPal and under the terms and conditions agreed upon by the user with PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. Therefore, the Seller is not able to access or store in any way the credit card data linked to the Customer’s PayPal account or any other payment method associated with that account.
3.3 It is understood that if the Customer pays for the Products by bank transfer, the delivery of the Products from the Seller to the designated shipping company will only take place after the successful crediting of the amount due.
4. Shipping and Delivery
4.1 The Seller undertakes to deliver the Products to the address provided by the Customer.
4.2 The Seller shall not be liable in any case for errors or damages during delivery if the address provided by the Customer does not correspond to the desired delivery location.
4.3 If an order contains multiple Products, the Seller reserves the right to make deliveries in several installments and on different dates, in accordance with the indicated delivery times.
4.4 Delivery will normally be made at street level; to optimize the delivery process, the address provided by the Customer must be a location where delivery can be made during normal business hours.
4.5 If, at the time of delivery to the address provided by the Customer, the Customer or another person authorized to receive is not present, the Seller will contact the Customer to indicate the procedure that will be followed to finalize the delivery. It is understood that any storage fees that may be charged by the shipping company and/or any additional costs or charges will be borne by the Customer; the Seller reserves the right to request reimbursement of such costs.
4.6 The Seller delivers the Products to the carrier for shipment within, and no later than, 3 days from the date of conclusion of the contract, subject to and conditioned upon the receipt of the purchase price.
Following the handover of the Products to the designated carrier, the Customer will receive, upon request, confirmation of the shipment’s pickup along with the relevant tracking code so that the Customer may track the progress of their Order online.
4.7 Notwithstanding the above, the Customer acknowledges that the shipment of the Products—and therefore the related delivery to the specified address—will only be carried out after the payment for the respective Order has been duly registered.
4.8 The shipment will be carried out by a courier: delivery is normally made within 7 working days.
The indicated delivery times are for reference only and are beyond the Seller’s control, who therefore cannot be held responsible for any delays in the delivery of the Products due to reasons attributable to the designated carrier and/or force majeure. In any case, deliveries are not made on Saturdays, Sundays, or during national, regional, or local holidays.
4.9 Delivery is considered complete from the moment the Customer or a third party (other than the carrier) takes physical possession of the Products at the delivery location specified by the Customer; risk transfers to the Customer at that moment.
Notwithstanding the above, it is specified that the Products remain the property of the Seller until full payment is received.
4.10 At the time of delivery, the Customer is required to check:
– that the number of packages delivered corresponds to what is indicated in the shipping document;
– that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials (such as adhesive tape or metal straps).
Any damage to the packaging and/or the Product, or any discrepancy in the number of packages or the indicated details, must be immediately noted by making a specific remark on the Product delivery document to be returned to the courier.
5. Right of Withdrawal
5.1 Pursuant to Article 52 of the Consumer Code, the Customer has the right to withdraw from the contract concluded with the Seller, without any penalty and without providing any reason.
The Customer has a maximum of 14 (fourteen) calendar days from the date of delivery of the Products, as defined above, to exercise the right of withdrawal in accordance with applicable law. In the case of deliveries in multiple shipments, the withdrawal period shall commence from the date of delivery of the last shipment. The withdrawal deadline is considered met if the Customer sends their declaration before the expiration of the 14-day period starting from the day on which the Customer, or a third party other than the carrier, takes physical possession of the Products.
5.2 In order to exercise the right of withdrawal, the Customer may choose to use one of the following methods, in accordance with Article 54 of the Consumer Code:
i) by submitting a request via the “Returns and Refunds” section available on the Site;
ii) by using the Return Form (in accordance with the standard form pursuant to Article 49, paragraph 4 of the Consumer Code) available on the Site, to be completed and submitted to the Seller; or
iii) by sending the Seller any other explicit statement of their decision to withdraw from the contract.
The Customer must then return the Products to the Seller within a strict period of 14 (fourteen) days from the date on which they communicated their intention to withdraw from the purchase, to the address of OFICINAMANUFAKT DANIELAPI SRL, Via Pilade Bronzetti, no. 52 int. 1, Padua (PD). The deadline is considered met if the Products are shipped before the expiration of the 14-day period.
5.3 If the return does not occur within this period, the Seller will not accept the return of the Products and the withdrawal will not take effect.
5.4 The right of withdrawal must be exercised in compliance with all of the following conditions:
– The Products must be returned complete with all original packaging (boxes, accessories, tags, protective materials, etc.);
– The Products must be accompanied by the purchase receipt;
– The Products returned by the Customer must not have been damaged, used, worn, or washed (they may have been handled and inspected to determine their nature and characteristics);
– The identification tag must still be attached to the Products.
If the right of withdrawal is exercised according to the methods and deadlines indicated in this paragraph, the Seller will refund any amounts already collected for the purchase of the Products.
5.5 The refund, if due, will be made using the same payment method used for the purchase of the Products.
5.6 The Seller will process the refund within 14 days from the date on which it received notice of the Customer’s intention to withdraw; however, the Seller may withhold the refund until it has received the Products, or until the Customer has adequately provided evidence that the return has been shipped to the Seller’s premises.
5.7 In the event of exercising the right of withdrawal, the Customer will bear the shipping costs for returning the Products.
5.8 The Seller will verify the condition of the returned product, reserving the right to refuse the return—and not issue a refund—if the Products are found to be damaged, incomplete, deteriorated, and/or dirty, or in any condition that unequivocally indicates that the Products have been used or that they were returned beyond the strict deadline indicated above, or, in any case, if the conditions and deadlines for exercising the right of withdrawal as stated above are not met.
Within 14 days from the email notifying the non-acceptance of the return, the Customer may choose, at their own expense, to have the Products returned in the condition in which they were received by the Seller by notifying the Seller according to the procedures that will be communicated. Otherwise, the Seller may retain the Products, in addition to the sums already paid for their purchase.
6. Non-compliant Deliveries – Warranty for Defects and Non-Conformities of the Products
6.1 The Customer shall be entitled to a refund of the price, shipping costs, and any return shipping costs for defective Products or Products that do not correspond to the Customer’s order, in accordance with applicable law and as provided for in this article.
In such cases, the return must be carried out in accordance with the return procedure described in the previous article.
6.2 All Products sold by the Seller are covered by the legal warranty for non-conformity defects for a period of twenty-four (24) months from the date of delivery of the Products, in accordance with applicable law.
Notwithstanding the above, the Customer is not entitled to warranty for defective products if such defects are a result of alterations made by the Customer.
6.3 There is no defect of conformity if, at the time of the conclusion of the contract, the Customer was aware of the defect, could not have been unaware of it with ordinary diligence, or if the defect of conformity was caused by the Customer.
6.4 In the event of defects or non-conformities, the Customer shall be entitled to the restoration, at no cost, of the conformity of the Product through repair or replacement, unless the requested remedy is objectively impossible or excessively burdensome compared to the alternative.
In the event that the aforementioned remedies are not possible or are excessively burdensome, the Customer shall be entitled to a reduction in the price paid or to the termination of the sales contract, pursuant to Article 130 of the Consumer Code.
6.5 It is understood that the Customer forfeits the warranty right if they do not formally report the defect of conformity to the Seller within 2 (two) months from the date of delivery of the Products, or from the date on which the defect was discovered, if later.
6.6 The notification of the non-conformity defect must be made in writing, attaching a copy of the order and the order confirmation, as well as a precise and detailed description of the defects observed, documented also by photographs of the allegedly defective Product.
7. Intellectual Property Rights
7.1 The “Danielapi” trademark, as well as all logos and designs present on the Site or on the accessories and/or packaging of the Products, whether registered or not, are and remain the property of or are exclusively used by the Seller.
7.2 The total or partial reproduction, modification, or use of said trademark, logos, or designs, for any reason and on any medium, without the prior express agreement of the Seller, is strictly prohibited.
7.3 Any combination of the aforementioned trademark with other trademarks, symbols, logos, or, more generally, any distinctive sign capable of creating a composite logo is also prohibited.
Similarly, the total or partial reproduction, modification, or use of designs, drawings, or trademarks present on the Site and that are the exclusive property/use of the Seller is strictly prohibited.
8. Applicable Law and Jurisdiction
8.1 These General Terms and Conditions of Sale are governed by Italian law.
8.2 In the event of disputes arising from the purchase of the Products or related thereto, the exclusive jurisdiction shall be that of the court of the city where the Customer has their residence or domicile.
9. Force Majeure
9.1 The performance of the obligations by OFICINAMANUFAKT DANIELAPI SRL may be suspended in the event of the occurrence of an unforeseen event or force majeure that prevents or delays its performance.
In such cases, the Seller will inform the Customer of the occurrence of the unforeseen event or force majeure within 10 days from its occurrence. If the inability to deliver the Products extends for a period exceeding 30 days after such notification, the Customer has the option to cancel the Order and obtain a refund of the amounts already paid.
10. Privacy
The Customer can always obtain information on how the Seller handles their personal data by consulting the Privacy Policy published on the Site.
11. Modification and Update
The General Terms and Conditions of Sale may be modified from time to time, also in light of any regulatory changes. The new General Terms and Conditions of Sale will become effective from the date of publication on the Site.
12. After-Sales Assistance
For any inquiries or information, as well as to report any defects or issues with the Products, the Customer may contact the Seller at the following addresses:
Email: customercare@danielapi.com
Phone: +39 049 723240