Terms and Conditions of Sale
General Terms and Conditions of Sale ('GTC') for purchases made online via the website www.designmania.it (“SITE”).
We recommend that you carefully read the following GTCs before making any purchase on our SITE.
1. SUBJECT:
These general terms and conditions of online sale govern the contract ("CONTRACT") for the sale of products ("PRODUCT" or the "PRODUCTS") offered by Alta Meta S.r.l. (Alta Meta) a company incorporated under the laws of Italy with registered office in Brescia, Via Fratelli Ugoni, 34 - 25126 (BS), CF / VAT no. 04477530986, through its website www.designmania.it, users of the SITE ("CUSTOMERS" or the "CUSTOMER").
2. EFFECTIVENESS AND MODIFICATION OF THE GTC:
2.1 The GTCS are published on the WEBSITE so that they can be easily read and known by the CUSTOMER before purchasing a PRODUCT, accepted at a time prior to placing the purchase order, stored on his/her computer and reproduced on paper by printing the file in which they are contained.
2.2 The GTCS applicable to the sale of the PRODUCTS are those published on the SITE on the date of the order relating to the PRODUCTS. The CUSTOMER must therefore carry out the above operations before proceeding with any purchase.
2.3 The mere tolerance or failure of Alta Meta to notify the CUSTOMER of any failure to comply with the provisions of the GTC shall not be construed as tacit acceptance of such failure, nor as an intention to deviate from the provisions agreed between the parties.
3. SALES PROCEDURES:
3.1 The offer of the PRODUCTS presented on the SITE is subject to their actual availability.
3.2 The CUSTOMER who intends to proceed with the purchase of the PRODUCTS must express this will through a request made directly on the SITE, in the dedicated section, where, following the procedures indicated therein, he will send his purchase order and make the payment. The personal data communicated by the CUSTOMER will be treated by Alta Meta S.r.l. in accordance with the European and national regulations in force regarding privacy (see point 10).
The technical steps to be performed for the conclusion of the Contract are as follows:
- The CUSTOMER must register on the SITE, communicating his/her email address and a password of his/her choice, which will become the credentials for accessing the SITE. Registration to the WEBSITE is free of charge and will be confirmed by Design Mania with an email sent to the address provided by the User at the time of registration.
- The prices displayed on the WEBSITE are set by Alta Meta, are expressed in Euros (€) and do not include delivery costs, which are added to the total amount when the order is placed.
- Within the 'products' sections, the CUSTOMER may choose the PRODUCT to be purchased, which will automatically enter the 'shopping cart' section, where it is possible to know, prior to purchase and payment, the shipping costs and expected delivery times.
- In order to confirm the order, the CUSTOMER, in the "shopping cart" section, shall enter the shipping address and any other data useful for payment, including credit card or PayPal details; these data shall remain modifiable until the final submission of the order following the procedures indicated on the site.
3.3 Payment can be made by credit card, "PayPal" system or bank transfer. The charge shall be made within 12 hours after the order confirmation is sent to the CUSTOMER.
3.4 The CUSTOMER shall receive the receipt for the order, which can be consulted in his account, and the invoice for the transport service shall only be sent at the CUSTOMER'S specific request by e-mail.
The CONTRACT is concluded upon confirmation of the order by Design Mania, subject to the provisions of Article 4.2. below (availability of PRODUCTS).
3.5 In the event of multiple orders, as many contracts shall be concluded as there are PRODUCTS ordered.
The effectiveness of each contract is subject to the actual availability of the PRODUCT, as specified in Article 4.2 below.
3.6 The essential characteristics of the PRODUCTS, including the duration of the offer, the price including VAT and the delivery costs, can be viewed and known by the CUSTOMER at any time prior to the conclusion of the CONTRACT and the making of payment. In particular, the essential characteristics of the PRODUCTS can be viewed by accessing the appropriate section of the SITE where Design Mania, in addition to the description and characteristics of the PRODUCT, will also publish, if possible, photographs for the sole and exclusive purpose of representing the PRODUCT.
Design Mania does not charge any fee or impose any charge for accessing the WEBSITE. The expenses borne by the CUSTOMER are exclusively those for surfing the Internet, as agreed between the CUSTOMER and his/her Internet Provider, Design Mania remaining completely extraneous to this relationship.
3.7 Once the purchase order has been received, Design Mania shall send the CUSTOMER an order receipt, in Italian, containing a summary of the content of the information relating to the sale and shall proceed to process the purchase order, without prejudice to the provisions of Article 4.2 below. We invite the CUSTOMER to keep this email as proof of purchase.
4. RIGHTS AND OBLIGATIONS OF DESIGNMANIA:
4.1 Delivery of the PRODUCTS: Design Mania, without prejudice to the provisions of Article 4.2 below, undertakes to deliver the PRODUCTS to the address communicated by the CUSTOMER in the purchase order, via the carrier entrusted with their transport. Design Mania cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER. The delivery times indicated in the document “Shipping Information” vary depending on the destination address and will be reported in the order confirmation email.
4.2 Unavailability of the PRODUCTS: Design Mania reserves the right to inform the CUSTOMER, within 30 days from the purchase to the email address associated to his profile, of the possible unavailability of one or more of the purchased PRODUCTS. In such a case, Design Mania will refund (to the payment card or Pay Pal account indicated by the same for the purchase) the price and the shipping costs (if the purchase concerned only the unavailable PRODUCT). Only in agreement with the CUSTOMER and with the latter's consent, exclusively on Design Mania's proposal, the latter may send a different PRODUCT from the one ordered, of equivalent value.
The unavailability of one or more of the ordered PRODUCTS shall not, however, entitle the CUSTOMER to cancel the entire order.
4.3 Promotions: Design Mania develops during defined time intervals, promotional campaigns in order to promote the registration of new members in its service. Design Mania reserves the right to interpret the conditions of application of the promotions, extend them by communicating them in due time and manner, or proceed to the exclusion of any participant in the promotions in the event that anomalies, abuses or unethical behaviour in the participation of the same is detected.
4.4 Delays in payment: Design Mania shall not be liable for any delays in the crediting of payments, whether depending on the bank or the type of credit card used for payment.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER:
5.1 The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided to Design Mania and requested by the latter through the WEBSITE, and undertakes to promptly notify any changes in the data entered.
5.2 The CUSTOMER, upon confirmation of the purchase order, declares:
a) they are at least 18 years old;
b) that I have read, understood and accepted these GTC;
c) to authorise Design Mania to process the personal data communicated at the time of purchase, and to transmit to Design Mania (as indicated in Art. 3) the personal data required to process payment in the manner indicated.
5.3 The CUSTOMER undertakes, once the purchase procedure on the WEBSITE has been completed, to save an electronic copy as well as to print out the Contract and the GTCs for the purpose of their preservation, as indicated in Article 2.1 above.
5.4 Payment: In the case of payment by credit card, the CUSTOMER undertakes, at the request of Design Mania, to send within 24 hours a copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the required sending, Design Mania may refuse the payment and cancel the order. The purchase receipt corresponding to the order will be displayed on the WEBSITE and can be printed using the appropriate link.
5.5 Delivery of the PRODUCTS: Upon delivery of the PRODUCTS to the CUSTOMER by the carrier in charge of their transportation, the CUSTOMER shall check, in the presence of the carrier:
a) that the quantity and type of the ordered PRODUCTS correspond to what is indicated in the transport document;
b) that the packaging used for transport is intact, undamaged, wet or otherwise altered, even if only in its sealing materials.
c) that the quantity and type of delivered PRODUCTS correspond to what was ordered.
5.6 Any anomalies or discrepancies must be notified immediately to the carrier upon receipt of the PRODUCTS, by means of their indication in the delivery note.
5.7 Assistance: For any assistance needs or complaints relating to the purchased PRODUCTS, the CUSTOMER should contact Design Mania at the contact details set out in section 11 of the GTCS below.
6. WARRANTY:
6.1 Assistance: For any assistance needs or complaints relating to the purchased PRODUCTS, the CUSTOMER should contact Design Mania at the contact details set out in section 11 of the GTCS below.
In particular, in the event of a lack of conformity, the CUSTOMER shall have the right to obtain a replacement product that is in conformity or the refund of the price. Upon receipt of the complaint, if the CUSTOMER requests the replacement of the non-conforming product, Design Mania will check the availability of the replacement product (conforming to the order specifications) and, in the event of non-availability, will credit the CUSTOMER with the full amount plus shipping costs. Replacement of the non-conforming product is in no way guaranteed. The CUSTOMER may in any case directly request a refund of the product price (and shipping costs).
6.2 The rights arising from the legal guarantee of conformity may be exercised provided that the PRODUCTS have been used correctly, with due diligence and in accordance with their intended use and the enclosed indications, as well as upon presentation by the CUSTOMER of the delivery note received and indication of the order number. Costs related to the return of PRODUCTS as a result of the exercise of warranty shall be borne by Design Mania.
6.3 The legal warranty of conformity is limited to defects not arising from the normal use of the PRODUCT.
7. RIGHT OF WITHDRAWAL and COMPLAINTS
8. USE OF THE SITE
8.1 Description and display of the PRODUCTS: The descriptions of the PRODUCTS and the images on the SITE correspond to those made available by Design Mania's suppliers. The photographs and video presentations of the PRODUCTS that accompany the descriptive information are published on the SITE for descriptive purposes, bearing in mind that the quality of the images (e.g. in terms of the exact display of colours) may depend on the software and computer tools used by the CLIENT when connecting to the SITE.
8.2 Malfunctions: Design Mania accepts no liability for problems caused to the CUSTOMER by the use of the SITE and the technologies employed as being beyond its control, such as, but not limited to:
a) errors, delays or impossibility of access to the SITE by the CUSTOMER during the execution of the sales procedure;
b) errors, delays or impossibility of receipt by the CUSTOMER of communications made by Design Manai in connection with the sale of the PRODUCTS.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
9.1 Design Mania informs that the SITE, as well as all trademarks and distinctive signs used by Design Mania in connection with the sale of the PRODUCTS, are protected by the applicable intellectual and industrial property rights and that all reproduction, communication, distribution, publication, alteration or transformation is prohibited, in any form and for any purpose whatsoever, of the contents of the SITE, the trademarks and distinctive signs used by Design Mania (such as, but not limited to, the works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colours, functions and design of the SITE).
9.2 Design Mania does not assume any responsibility for the trademarks and other distinctive signs appearing on the PRODUCTS marketed by it on the SITE, in respect of which the CUSTOMER does not acquire any rights as a result of the conclusion of the CONTRACT.
10. PROTECTION OF PERSONAL DATA
10.1 Lata Meta Srl. is the holder of the personal data collected at the time of registration on the WEBSITE, as well as those subsequently communicated at the time of purchase by the CUSTOMER. For information on the processing of personal data, including the rights under Art. 7 of Legislative Decree 196/03, please refer to the detailed information already provided at the time of registration on the Privacy Policy page. accessible by clicking here
11. COMMUNICATIONS
11.1 If you have any questions or concerns regarding your order, need assistance or information, or wish to lodge a complaint, please contact us at the following e-mail address: ccare@designmania.it
12. APPLICABLE LAW AND PLACE OF JURISDICTION
12.1 The law applicable to the sale of the PRODUCTS is Italian and European law. In particular, the provisions of Chapter I of Title III of Part III of the Consumer Code (Legislative Decree 206/2005) and European Directive 2000/31, implemented by Legislative Decree 09/04/2003 No. 70, shall apply.
12.2 The CUSTOMER is in any case guaranteed the rights conferred on him by the consumer protection regulations of his country of habitual residence, if any.
12.3 The possible invalidity of individual provisions of the CONTRACT or of the GTC shall not imply the invalidity of the whole CONTRACT or the GTC.
12.4 Any dispute between the parties in connection with this contract shall be settled by the Court in whose district the consumer has his domicile, in accordance with the laws in force; for all other customers (foreigners or non-consumers) it is agreed that any dispute, also in derogation of the rules on territorial jurisdiction, shall be the exclusive jurisdiction of the Court of Brescia.
12.5 ODR: Pursuant to Article 14 of Regulation 524/2013, users are informed that in the event of a dispute they may submit a complaint via the European Union's ODR platform, which can be found at the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users wishing to resolve disputes arising from online sales or service contracts out of court. For more information, please contact: info@designmania.it
12.6 ADR: Pursuant to Article 49(1)(V) of Legislative Decree No 206 of 6 September 2005 (Consumer Code), the customer may make use of the Joint Conciliation procedure.
13 MODIFICATIONS
13.1 Design Mania reserves the right to amend these GTCs, which can be consulted at any time via the website. In the event of a change, the CUSTOMER will be notified by e-mail to the address provided during registration.
13.2 In any case, the applicable GTC shall be those indicated on the WEBSITE at the time the order is concluded.