Terms and Conditions

Contract of sale on line

 

The buyer agrees to make the purchase for purposes outside his trade, business or profession carried on.

 

Vendor ID

Goods of the present general conditions are sold by D’ATRI EYEWEAR S.r.l. with seat in Lucera (FG), via Raffaele de Peppo n. 3, registered with the Chamber of Commerce of Foggia n. FG-302013 of commercial register, tax code and VAT 04118830712, hereinafter referred to as “Supplier”.

 

Art. 1

Definitions

1.1. the term “online sales contract” means the contract of sale relating to movable tangible property of the provider, concluded between these and the buyer under a system of distance selling via telematic, organized by the supplier.

1.2. the term “purchaser” means a consumer is a natural person who makes the purchase, under this contract, for purposes which are outside his trade, business or profession. Minors are not allowed to buy products through www.datrieyewear.com. On www.datrieyewear.com are actually also sold baby products, which are, however, intended for purchase by adults. Users under 18 years old, can use www.datrieyewear.com only under the supervision of a parent or guardian.

1.3. the term “supplier” means the person stated in the inscription and provide purchased services and goods.

 

Art. 2

Object of the contract

2.1. the Vendor hereby sells and the purchaser buys at a distance through telematic means tangible movable property shown and offered for sale on the site www.datrieyewear.com.

2.2. the products referred to in the preceding paragraph are illustrated on the web page: www.datrieyewear.com.

 

Art. 3

Contract mode

3.1. the contract between the supplier and the buyer concludes exclusively through the Internet, the buyer accesses at the address www.datrieyewear.com, where, following the procedures, the buyer will formalise the proposal of the contract for the purchasing of the goods as per the point 2.1 of the preceding article.

 

Art. 4

Stipulation and effectiveness of the agreement

4.1. the purchase contract is concluded by the exact compilation of the application form and the consent to the purchasing expressed by the accession sent on line or by completing the form attached to the catalogue electronic online at www.datrieyewear.com and the subsequent submission of the form itself, always after showing the order summary web page, printable, in which are shown the extremes of the payer and of the order, the price of the goods purchased, any additional charges, methods and terms of payment, the address where the goods will be delivered, the time of delivery and the existence of right of withdrawal.

4.2. when the supplier receives the order from the purchaser shall send a confirmation email or displaying a web page of confirmation and order summary, printable, on which are also shows the data retrieved in the previous step.

4.3. the contract shall not be deemed perfected and effective between the parties at fault than indicated in the preceding paragraph.

 

Art. 5

Payment and refund

5.1. any payment by the purchaser will only be using one of the methods indicated in the web page by the supplier.

5.2. any refund to the purchaser will be credited by one of the methods proposed by the supplier and buyer’s choice, in a timely manner and, in case of exercising the right of withdrawal, as regulated by art. 13, paragraph 2 et seq. of this agreement, at the latest within 30 days from the date on which the supplier is aware of the withdrawal itself.

5.3. all communications relating to payments are made on a specific vendor line protected by encryption system. The supplier guarantees that holds this information with an additional layer of security and encryption in accordance with the provisions of the regulations concerning the protection of personal data.

 

Art. 6

Delivery times and methods

6.1. the supplier will deliver the products selected and ordered, in the manner chosen by the buyer or indicated on the web site at the time of the offer of good, as confirmed in the e-mail referred to in point

6.2. the timing of dispatch may vary from the very day of the order to a maximum of 5 working days in Italy and 20 working days for foreign countries Italy, after confirmation of the same. If the supplier is unable to make the shipment within that period but no later than that shown in the next step, one will be given timely notice via e-mail to the buyer.

6.3. the manner, timing and shipping costs are clearly stated and well-marked to the address www.datrieyewear.com.

 

Art. 7

Prices

7.1. all sales prices of the products displayed and indicated on the Internet site www.datrieyewear.com are expressed in euro and constitute a public offer under art. 1336 c.c.

7.2. the sales price, referred to in the preceding paragraph, include Italian VAT. According to, the foreign Italy, delivery Country there may be local taxes and duties for your order. All customs, taxes, import duties, brokerage fees, or any additional charges by your local government are responsibility of the buyer/recipient. We are not responsible for these charges in any way, nor do we receive any of this money. Since duties and taxes vary by country and by what was ordered, we are not able to supply an estimated cost, you will be asked to pay them at delivery to the courier.

and any other taxes. Shipping costs and any related charges (eg. customs clearance), if present, while not included in the purchase price must be indicated and calculated in the checkout process prior to the order being placed by the purchaser and also contained in the summary web page of your order.

7.3. the prices indicated at each of the goods offered to the public are valid until the date indicated in the catalog.

 

Art. 8

Availability of products

8.1. the supplier ensures through electronic system used the processing and fulfillment without delay. For this purpose indicates in real time, in his own electronic catalogue, the number of products available and those that are not available, and shipping time.

8.2. should an order exceed the existing amount in stock, the supplier, via e-mail, shall disclose to the buyer if the good is no longer available or confirms the waiting time to obtain the good chosen, asking whether the buyer will confirm the order or not.

8.3. The supplier’s computer system as soon as possible the registration of your order by sending you a confirmation email, in accordance with point 4.2.

 

Art. 9

Limitations of liability

9.1. the supplier assumes no liability for disruptions caused by force majeure in the event fails to execute the order within the time stipulated in the contract.

9.2. the supplier shall not be liable to the buyer, except in case of fraud or gross negligence, for malfunctions associated with the use of the Internet outside of the control of its subcontractors.

9.3. the supplier shall not be liable for damages, losses and costs incurred by the buyer as a result of breach of contract due to causes not attributable to him, having the buyer the right to full refund of the price paid.

9.4. the supplier assumes no liability for any fraudulent and illegal use that may be made by third parties, of the buyers’ credit cards, cheques and other means of payment, for payment of the products purchased, If he proves that he took all the precautions possible based on the best knowledge and experience of the moment and in accordance with all due diligence.

9.5. In no event, shall buyer be liable for delays or problems in the payment if he proves that he executed the payment within the time and manner specified by the supplier.

 

Art. 10

Liability on defect, proof of damage and damages: the obligations of the supplier

10.1. pursuant to arts. 114 et seq of the consumer code, the supplier shall be liable for damage caused by defects of the goods if the claimant fails to communicate, within 3 months of the request, the identity and address of the producer or of the person who supplied him with the good.

10.2. The above request, by the injured party, shall be made in writing and must indicate the product which caused the damage, the place and date of purchase.

10.3. he supplier shall not be held responsible for the consequences resulting from a defective product if the defect is due to compliance of the product, to a mandatory rule of law or a measure binding, or if the State of scientific and technical knowledge at the time on which the producer put the product into circulation, did not allow even consider the defective product.

10.4. no compensation shall be payable when the claimant was aware of the defect in the product and the danger entailed by it and yet he has voluntarily exposed to it.

10.5. In any case, the injured party must prove the fault, the damage and the causal relationship between defect and damage.

10.6. the injured party may claim compensation for damage caused by death or personal injury or destruction or damage to something other than the defective product itself, provided that the normally intended the private use or consumption and thus mostly used by the injured person.

10.7. damage to property under art. 123 of the consumer code will, however, compensable only to the extent that it exceeds the sum of euro three-hundred-eighty-seven (€387).

 

Art. 11

Warranty and assistance

11.1. the supplier shall be liable for any lack of conformity which becomes apparent within a period of 2 years from delivery.

11.2. for the purposes of this contract goods shall be presumed to be in conformity with the contract if, where relevant, the following circumstances exist: a) they are fit for the purposes for which they serve habitually goods of the same kind; b) they comply with the description given by the seller and possess the qualities of goods which the seller has held out to the consumer as a sample or model; c) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and, where applicable, public statements on specific characteristics of the goods made about them by the seller, the producer or his agent or representative, particularly in advertising or on labelling; d) are also suitable for the particular use intended by the Consumer, and the Consumer let it made known to the seller at the time of conclusion of the contract and which the seller has accepted it also for concluding facts.

11.3. the buyer loses every right when it denounces the seller of the lack of conformity within a period of 2 months from the date on which the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed.

11.4. In any case, unless proved otherwise, it is assumed that the lack of conformity which becomes apparent within 6 months after delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the non-conformity.

11.5. In case of lack of conformity, the buyer may ask, alternately and without charge, under the conditions mentioned below, the repair or replacement of the purchased goods, a reduction of the purchase price or the termination of this agreement, unless the request is not objectively impossible to meet or is prohibitively expensive for the supplier in accordance with art. 130, paragraph 4, of the code of consumption.

11.6. the request must be submitted in writing, by registered mail or by email at info@datrieyewear.com, to the vendor, which will indicate its willingness to act on the request, or the reasons that prevent them from doing so, within 7 working days of receipt. In the same communication, where the supplier has accepted the request of buyer, shall indicate the method of delivery or return of the goods and the time limit for the return or replacement of the defective goods.

11.7. If repair or replacement is impossible or excessively expensive, or vendor has failed to repair or replace the goods within the time limit referred to in the preceding paragraph or, finally, the replacement or repair previously made did significant inconvenience to the buyer, they may request, at its option, an appropriate reduction of the price or termination of

contract. In this case the purchaser shall submit its request to the supplier, which will indicate its willingness to act the same, or the reasons that prevent them from doing so, within 7 working days of receipt.

11.8. in the same communication, where the supplier has accepted the request of buyer, shall indicate a price reduction proposal or how to return the defective goods. Purchaser’s burden in such cases will indicate the modalities for crediting of amounts previously paid to the supplier.

 

Art. 12

Obligations of the buyer

12.1. The buyer agrees to pay the price of the purchased goods within the time and manner specified in the contract.

12.2. the buyer agrees, once the online purchase process, to print and to the preservation of this agreement.

12.3. the information contained in this agreement were already read and accepted by the buyer, which shall act as this step is mandatory before confirmation of purchase.

12.4. In case of default by the buyer of its obligations, the provider’s failure to exercise a right of action against the Buyer, does not represent a waiver to act for breach of the obligations assumed by the purchaser.

 

Art. 13

Right of withdrawal

13.1. the buyer has in any case the right to terminate the contract without penalty and without giving any reason, within 14 (fourteen) working days following the date of receipt of the goods purchased.

13.2. in the case where the trader has failed to fulfil the information requirements for existence, procedures and deadlines for the return or collection of goods in case of exercising the right of withdrawal pursuant to article 52 of the code of consumption, the deadline for exercising the right of withdrawal is 12 (twelve) months starting from the end of the initial period of withdrawal and shall run from the date of receipt of goods by the consumer.

13.3. In case the buyer decides to exercise the right of withdrawal, he must notify the Seller by recorded mail with return receipt to the address via Raffaele de Peppo n. 3 Lucera (FG) CAP 71036or by mail to e-mail info@datrieyewear.com, if such communications are confirmed by sending registered mail to the address via Raffaele de Peppo n. 3 Lucera (FG) CAP 71036 within 48 (forty-eight) hours. Shall prevail between the parties the stamp affixed by the post Office on the receipt issued. To exercising the right of withdrawal posting communication may validly be replaced by returning the goods purchased, provided on the same terms. Shall prevail between the parties the date of delivery to the post office or to your shipping agent.

13.4. the return of the goods must still be later than 30 (thirty) days from the date of receipt of the goods. In any event, to be entitled to a full refund of the price paid, the goods must be returned intact and in a normal condition.

13.5. the only costs payable by the consumer for exercising the right of withdrawal pursuant to this article is the direct cost of returning the goods to the supplier.

13.6. the supplier will charge to refund the full amount paid by the buyer within 30 (thirty) days of receipt of notice of withdrawal and the goods intact (glasses, custody, textile clean glasses and shipping carton).

13.7. With the receipt of the communication by which the buyer communicates the exercise of the right of withdrawal, the parties to this agreement are dissolved by mutual obligations, except as provided in paragraphs of This article.

 

Art. 14

Causes of termination

14.1. the obligations referred to in point 12.1, assumed by the Buyer, and the guarantee of successful payment the buyer maintains with the means referred to in point 5.1, and also the exact fulfilment of the obligations assumed by the Supplier in point 6, are essential, so that, by express agreement, the failure of just one of these obligations, unless determined by unforeseeable circumstances or force majeure, will result in the termination of the contract ex article 1456 CC without a judicial sentence.

 

Art. 15

Protection of privacy and the processing of data of buyer

15.1. the provider protects the privacy of its customers and ensures that data complies with the provisions of the privacy policy d.lgs. 30 June 2003, n. 196.

15.2. personal data collected directly and/or through third parties by the supplier, the data controller, are collected and processed in printed, computing, telematics, in relation to how treatment for the purpose of registering the order and activate the procedures against him for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to carry out the most out of the service requested (article 24, paragraph 1, lett.b, d.lgs. 196/2003).

15.3. the supplier undertakes to treat as confidential data and information transmitted by the buyer and not disclose to unauthorized persons nor use them for purposes other than those for which it was collected or to transmit it to any third party. This information may be disclosed only upon request of the judicial authority or other authority authorized by law.

15.4. the personal data will be disclosed after signing a commitment to confidentiality of data, only to third parties who carry out activities necessary for the execution of the contract and press releases exclusively for that purpose.

15.5. the buyer has the rights referred to in art. 7 of d.lgs. 196/2003, namely the right to obtain:

a) the updating, rectification or, where interested therein, integration of the data;

b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;

c) the statement that the operations as per letters a) and b) have been notified, as also related to their contents, to those to whom the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate to the protected right. The party has the right to object, in whole or in part: s) for legitimate reasons the processing of personal data, pertinent for collection purposes; II) the processing of personal data for sending advertising materials or direct selling or for carrying out market research or commercial communication.

15.6. The communication of personal data by the purchaser is a necessary condition for the correct and timely execution of this agreement. Failing that, will not be given over to the buyer’s demand.

15.7. In any case, the data collected will be kept for a period of time not exceeding that necessary for the purposes for which it was collected or subsequently processed. Their removal will be done in a secure manner.

15.8. the owner of the collection and processing of personal data is the supplier, to whom the buyer may direct, at corporate headquarters, each request.

15.9. everything should be sent to the email (including electronic form) of the Centre (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, shall not violate the rights of others and should contain valid information, not to violate the rights of others and truthful, in any case cannot be attributed to the Centre any responsibility on the content of the messages themselves.

 

Art. 16

Filing of contracts

16.1. pursuant to article 12 of the d.lgs. 70/2003, the supplier. informs the purchaser that each order submitted is stored digitally/ printed on the server/at the premises of the vendor in accordance with criteria of confidentiality and Security.

 

Art. 17

Communications and complaints

17.1. direct written communications to the supplier and any complaints will be considered valid only if sent to the following address: via Raffaele De Peppo 3, Postal Code 71036 Lucera (FG), or sent via e-mail to the following address info@datrieyewear.com. The buyer shall indicate in the registration form his residence or domicile, telephone number or e-mail address at which he wishes to be sent notices of the supplier.

 

Art. 18

Settlement of disputes

18.1. all disputes arising from this contract will be referred to the Chamber of Commerce of Foggia and resolved under the rules of conciliation by the same adopted.

18.2. if the parties intend to appeal to the ordinary judicial authority, the place of jurisdiction is the place of residence or domicile of choice of the consumer, mandatory under art. 33, paragraph 2, lett.u) of the d.lgs. 206/2005.

 

Art. 19

Applicable law and reference

19.1. this agreement is governed by the Italian law.

19.2. as far as not expressly provided, the provisions of law applicable to the relations and cases provided for in this agreement, and in particular article 5 of the Rome Convention of 1980.

19.3. in accordance with art. 60 of d.lgs. 206/2005, you expressly invoked the discipline contained in part III, title III, chapter I of the d.lgs. 206/2005.

 

Art. 20

Final clauses

20.1 this agreement repeals and replaces any agreement, understanding, negotiation, written or oral, intervened earlier between the parties and on the subject of this contract.

20.2 the supplier reserves the right to change the site, policies and these terms and conditions of sale at any time to offer new products or services or to comply with legal or regulatory provisions. The buyer shall be subject to the policies and the terms of the General conditions of sale in force from time to time the moment you order products from us, unless any change to those policies, and these terms are required by applicable law or by the competent authorities (in which case, will also apply to the orders you have previously made earlier). If any prediction of these terms is deemed invalid, void or for any reason unenforceable, that condition shall not affect the validity and enforceability of other predictions anyway.



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