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General Terms and Conditions of Sale

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Date of publication on the website and effective date: 01 February 2024

 

1.Subject matter and scope

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1.1. These general terms and conditions of sale (hereinafter also the "Conditions") apply to the purchase of products (hereinafter "Products" or, in the singular, "Product") made through the e-commerce site www.dengioshop.com (hereinafter the "Site") by users who qualify as "Consumers" or "Professionals" pursuant to paragraph 1.3 below (hereinafter the "Consumers" or,  in the singular, the "Consumer"). The Site is owned and managed by, De Nicola Simone, with registered office in Chieti (CH), ZIP code: 66100, Via Strada del Fiume. 21, C.F. DNCSMN84T28C632B, VAT number and registration number in the Register of Companies of Chieti - Pescara 02804980632, REA number CH - 428790.

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1.2. The Conditions must be carefully examined by the Consumer before the completion of the remote purchase procedure of the Products. It is understood that the placing of the purchase order through the Site implies total and absolute knowledge of these Conditions and their full acceptance: the Consumer, by placing the purchase order through the Site and issuing a special check-box at that stage, unconditionally accepts and undertakes to observe, in his relations with DenGio Shop and De Nicola Simone,  these Conditions, declaring that he/she has read and accepted all the instructions provided to him/her. 

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These Terms are to be considered enforceable and in force as long as they are published on the Site.

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Each purchase is governed by the Conditions in the version that will be published on the Site at the time the order is placed by the Consumer.

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The Terms and Conditions can be consulted at any time on the Website at the following link: www.dengioshop.com/termini and conditions, printed and/or stored on a PC

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1.3. Purchases of Products made through the Website will be made by DenGio Shop and/or De Nicola Simone, as seller (hereinafter the "Seller") and, as buyer, the Consumer, i.e. the natural person who, pursuant to Article 3, paragraph 1, letter a) of Legislative Decree no. 206 of 6 September 2005 and its subsequent amendments and additions (hereinafter the "Consumer Code"),  proceeds with the purchase of one or more Products for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out, and as purchaser, the Professional, i.e. natural and/or legal persons who, pursuant to art. 3, paragraph 1, letter c) of the Consumer Code, act in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or by their intermediary.

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1.4. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers who have reached the age of majority (18 years old) and have the capacity to act. Persons who are not Consumers and Consumers who are not at least 18 years of age or do not have the capacity to act are invited not to execute purchase orders.

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DenGio Shop reserves the right, exercisable at its own discretion, without the obligation to express any reason in this regard, not to accept orders received from customers who do not comply with these Conditions.

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In any case, it is expressly understood that, if one or more sales are accidentally made to a person who does not qualify as a Consumer or Professional, these Conditions will apply but, notwithstanding the provisions of the same, the buyer will not be able to benefit: (i) from the right of withdrawal referred to in point 10 below; (ii) the warranty on the Products referred to in point 8 below; as well as (iii) any additional protections, provided herein in favor of the Consumer, which reflect and/or comply with mandatory provisions of the law.

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1.5. At the same time as the purchase order is transmitted, the Consumer or Professional accepts that the acceptance of the order placed and any other communication provided for by these Conditions will be sent by e-mail to the address declared by the same during the purchase process pursuant to point 3.3 below.

 

2. Characteristics of the Products and their availability in different geographical areas

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2.1. The main characteristics of the Products are indicated on the Website on the page relating to each product. The Products on the Site may not correspond exactly to the real one in terms of image and colors due to the browser or the type of monitor used. The images are intended for indicative purposes only.

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2.2. The technical characteristics, approvals and safety declarations of a Product sold through the Site are indicated on the label or packaging or in the instructions for use of the Product itself and may be reported in full or in extract form on the Site itself accompanying the illustration of the Product. Any incorrect information and/or data as well as any technical or other inaccuracies provided by the manufacturers of the Products, contained on the Site or indicated in the Products, are the responsibility of the manufacturers themselves.

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2.3. All Products on the Site comply with the standards and are approved in accordance with the provisions of the European Community regulations. DenGio Shop and De Nicola Simone are not responsible for any discrepancies with respect to the standards of countries outside the European Community and/or for failure to homologate products in the same countries.

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2.4. The Products for sale on the Site, their characteristics and/or prices may be subject to change without notice. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the characteristics of the Products and the Final Selling Price as defined in point 6.1 below.

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2.5. The Products available on the Site may only be purchased by Consumers or Professionals residing anywhere in the world.

 

3. How to purchase the Products and finalize each individual purchase contract

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3.1. The presentation of the Products on the Website, which is not binding for the Seller, is a mere invitation to the Consumer and/or Professional to make a contractual purchase proposal and not an offer to the public.

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3.2. The purchase order sent by the Consumer and/or Professional to the Seller through the Site has the value of a contractual proposal subject to acceptance by the Seller and is governed by these Conditions, which are an integral part of the order itself and which the Consumer and/or Professional, by sending the order to the Seller specifically ticked, accepts in full and without any reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer and/or Professional is required to read these Conditions carefully, to print a copy using the print command and to store or reproduce a copy for their own personal use. In addition, the Consumer and/or Professional is required to identify and correct any errors in entering their data.

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3.3. The correct receipt of the order is confirmed by the Seller by means of an e-mail communication, sent to the e-mail address indicated by the Consumer and/or Professional during the purchase procedure on the Site. The Seller's communication will contain the order identification number, a summary of the general and particular conditions applicable to the contract, information relating to the essential characteristics of the Product(s) and a detailed indication of the price, the means of payment, the withdrawal, and the applicable taxes. Such communication shall not be deemed to constitute acceptance of the order within the meaning of paragraph 3.4 below. The Consumer and/or Professional must immediately verify the content of the communication and immediately report any errors or omissions to DenGio Shop.

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3.4. The purchase order of the Consumer and/or Professional is accepted by the Seller by sending to him, to the e-mail address declared by the latter to the Seller at the time of transmission of the order pursuant to paragraph 3.3. above, an e-mail acceptance of the order itself, which will contain the summary of the order placed, including the indication of the price and the main characteristics of the Product ordered. The order of the Consumer and/or Professional, the confirmation of receipt of the order by the Seller, the subsequent acceptance of the order by the Seller and the Conditions applicable to the relationship between the Consumer and or the Professional and the Seller will be electronically stored by the Seller in its computer systems for the time provided for by the applicable civil and tax regulations and the Consumer and/or Professional may request a copy by sending a communication via e-mail to the Seller at the e-mail address: dengioabc@gmail.com.

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Any contract for the purchase of the Products is deemed to be concluded when the Consumer and/or Professional receives the acceptance of the order by the Seller by e-mail to the Consumer's address referred to in point 3.4.

 

4. Procedure for the selection and purchase of Products

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4.1. Purchase orders must be submitted to DenGio Shop in Italian. To send a purchase order for one or more Products on the Site, the following operations must be carried out:

  1. select a Product from those available on the Site for online sale by clicking on the product itself;

  2. choose the desired quantity and add to the virtual shopping cart by pressing the "Add to cart" button;

  3. repeat the above steps if you wish to purchase additional Products on the Site;

  4. press the "View Cart" button;

  5. press the "proceed with the order" button after checking the summary of the order to be executed;

  6. indicate all the required data and select the payment method (PayPal) by pressing the "PayPal payment" button;

  7. after viewing the order summary and having identified and corrected any possible errors that may have occurred while filling in the required fields, proceed to send the order, after carefully reading and accepting these Conditions, through the appropriate check-box on the Site and, finally, by pressing the "pay now" button.

    1. Once a Product has been placed in the virtual shopping cart, it will remain active for a maximum of forty-eight (48) hours within which the purchase procedure must be completed. If the purchase procedure is not completed within this period, the cart will be automatically emptied. The inclusion of a Product in the virtual shopping cart does not guarantee that the stock of the Product will be maintained, nor will the price of the Product entered, which may thus vary if in the meantime its price indicated on the Site has changed. Therefore, in the event that there is a change in the price indicated on the Website for a Product already placed in the shopping cart, before the purchase is completed, the sale price of the Product in the shopping cart will be updated on the Website. In this case, a message will warn the Consumer of the price change and highlight the new price before the conclusion of the purchase, in order to inform the Consumer of the new conditions applicable to the purchase and to allow the Consumer to decide whether or not to purchase the Product.

    2. The order submission page contains a link to these Conditions and, in addition, contains information on the main characteristics of each Product ordered and its price (including all applicable taxes), any fees required for delivery and transport, the type of payment used for the purchase and the conditions for the delivery of the Products as well as references to the general terms and conditions for the return of the Products purchased online.

    3. An order will be considered processed only when the Consumer and/or Professional has received from the Seller the acceptance referred to in point 3.4 above, which confirms that the order proposal, complete with all the required information, has been accepted as all the information requested has been preliminarily verified as correct.

    4. If, during the procedure for selecting the Products on the Website referred to in point 4.1 above, the Consumer and/or Professional finds that the price of one or more of the Products he/she intends to select for subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time,  due to an obvious technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller's Customer Service by sending an e-mail to the following address: dengioabc@gmail.com.

    5. In cases in which the Consumer and/or Professional has completed his/her purchase order in relation to a Product whose price is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem that occurred on the Site:

  1. if the Consumer and/or Professional has not yet received the Product, the Seller will (i) cancel the order, the delivery of which will therefore not be carried out, at the same time sending a communication in this regard by e-mail, to the e-mail address indicated by the Consumer and/or professional during the purchase procedure on the Site pursuant to point 3.3 above. and (ii) reimburse the Consumer for payments made by the Consumer in relation to the cancelled order, without undue delay and, in any event, no later than 30 (thirty) days from the cancellation of the order, using the same means of payment used by the Consumer for the initial transaction;

  2. if the Consumer and/or Professional has received the Product, the Seller will promptly inform the Consumer and/or Professional by e-mail, to the e-mail address provided by the latter during the purchase procedure on the Site pursuant to paragraph 3.3 above, of the error that occurred in the process of completing his/her order, offering the Seller, as an alternative, to (i) pay in favor of the Seller,  within and no later than the next 5 (five) days, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order, or (ii) cancel your order, following the instructions contained in the same communication and returning the Product to the Seller, at the latter's expense, no later than the following 30 (thirty) days,  by sending it to: DenGio Shop c/o De Nicola Simone – Via Strada del Fiume n.21 – 66100 Chieti (CH) – Italy, free of damage, complete with all its elements and accessories (including packaging and any documentation and accessory equipment: manuals, cables, etc.), accompanied by the instructions/notes/manuals attached, the original packaging and the warranty certificate and accompanied by the return form,  suitably completed, which will be attached to the e-mail sent by the Seller. In the event that the Consumer and/or Seller has chosen the option referred to in this clause 4.6. (b) (ii) and the Product complies with the provisions therein, the Seller shall reimburse the Consumer and/or Professional for the payments made by the Consumer and/or Professional in relation to the cancelled order without undue delay and, in any case, no later than 30 (thirty) days from the cancellation of the order, using the same means of payment used by the Consumer and/or Professional for the initial transaction.

 

5. Delivery of Products and acceptance

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5.1. The Website indicates the availability of the Products and their delivery times; however, this information is to be considered purely indicative and not binding for the Seller.

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5.2. The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Website and, in any case, to deliver within a maximum of 30 (thirty) days from the date of conclusion of the contract. In the event of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund the sums already paid by the Consumer and/or Professional for the payment of the Product.

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5.3. For the delivery of the Products, the presence of the Consumer or his/her representative at the address of the recipient indicated in the order is required. At the time of delivery by the courier, the Consumer and/or Professional is required to check promptly and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or their discrepancy with respect to the order placed, according to the procedure referred to in point 8 of these Conditions below; failing this, the Products will be deemed accepted. If the packaging or packaging of the Products ordered by the Consumer arrives at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation".

 

6. Prices, Shipping Costs, Taxes and Fees and Incidentals

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6.1. The price of the Products is the one indicated on the Website at the time the order is placed by the Consumer and/or Professional. The price is expressed in euros and includes VAT (if applicable), any indirect taxes (if applicable), packaging costs and shipping costs (hereinafter the "Final Price").  

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6.2. The Consumer and/or Professional shall pay the Final Price to the Seller, as stated in the order and in the acceptance of the order sent by e-mail from the Seller to the Consumer and/or Professional.

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6.3. Without prejudice to the foregoing, the Seller reserves the right to modify at any time, at its sole discretion and without prior notice, the price of the Products on the Site.

DenGio Shop and or De Nicola Simone therefore does not provide any guarantee that the sale price of the Products will remain unchanged for a certain period of time.

For the avoidance of doubt, it should be noted that any change in the price (whether increasing or decreasing) will not affect orders already sent by the Consumer and/or Professional prior to the date of entry into force of the price change. In the event of non-acceptance of the order and/or cancellation of the same, DenGio Shop and or De Nicola Simone does not guarantee that the price of the Product will remain the same in the next order that the Consumer and/or Professional may place.

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6.4. The Consumer and/or Professional shall be the sole responsibility of any costs for connection via the Internet to the Site, including telephone charges, according to the rates applied by the operator selected by the Consumer and/or Professional.

 

7. Payments

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7.1. Payment of the Final Price of the Products purchased through the Website must be made at the time the order is placed. The Consumer and/or Professional expressly accepts that the execution of the contract by the Seller will begin at the time of crediting the Final Price of the Product(s) purchased to the Seller's current account.

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7.2. Payment shall be made by:

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7.2.1. the PayPal service. This payment system presupposes the opening by the Consumer of an account on PayPal and the acceptance of the rules of the relevant service. The Consumer and or Professional is directed to the PayPal login page and the payment is managed in the manner and according to the rules governing the relationship between the Consumer and or Professional and PayPal itself, a relationship to which the Seller is completely extraneous. The Final Price will be charged to the PayPal account of the Consumer and or Professional after acceptance of the order by DenGio Shop. The delivery of the purchased product will be made after the verification of the crediting of the Final Price on the Seller's PayPal account. Any refunds to the Consumer and or Professional will be made by DenGio Shop, through De Nicola Simone on the PayPal account in the manner provided by the PayPal service.

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7.2.2 The PayPal Service in three installments. The service offered by PayPal for payment in three installments provides for a minimum spend of € 30.00 (thirty / 00) to a maximum of € 2000.00 (two thousand / 00). The installment plan requires approval by PayPal. And in any case according to the contractual conditions between PayPal and the Consumer and or Professional. Once the payment in installments has been accepted, the economic relationship between the Consumer and or Professional and the Seller is terminated, other existing relationships are established between the Consumer and or Professional and PayPal, of which the Seller is extraneous in all respects.

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7.2.3 top-up of PostePay, Mastercard, Visa and Maestro credit cards to be made at the time of purchase on the Site by the Consumer and/or Professional. Once the amount has been credited, DenGio Shop proceeds with the processing of the order.

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7.3. If, for any reason, it is not possible to charge the amount due, the sale process will be automatically cancelled and the sale will be terminated. In this case, the Consumer and/or Professional will be informed by the Seller by means of an appropriate e-mail communication, sent to the e-mail address indicated by the Consumer during the purchase procedure on the Site pursuant to point 3.3 above.

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7.4. The Seller shall promptly send to the Consumer and/or Professional, if required by applicable law, in electronic format by e-mail to the address declared by the same, the invoice relating to the purchase made. A paper copy of the same invoice will be delivered together with the paper Product upon request at the time of ordering.

 

8. Seller's legal guarantee of conformity, reporting of defects of conformity and warranty interventions

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8.1. All Products purchased by the Consumer and/or Professional are covered by the guarantee of conformity (hereinafter the "Legal Guarantee") for consumer goods as governed by Articles 128 et seq. of the Consumer Code and, for anything not expressly provided for therein, by Articles 1490 et seq. of the Civil Code on the sales contract. To benefit from warranty assistance, the Consumer must show the bill of sale.

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8.2. The Legal Warranty applies and operates at the expense of the Seller in the event that the Product presents defects of conformity, provided that such defects manifest themselves within 24 (twenty-four) months from the date of delivery of the Product to the Consumer and/or Professional and reported by the latter within 2 (two) months from the date of discovery of the defects,  In accordance with Art. 132 of the Consumer Code.

There is a lack of conformity when the Product: (i) is not suitable for the use for which it is usually intended; (ii) does not conform to the description or does not possess the qualities promised by the Seller; (iii) does not offer the usual qualities and performance of a good of the same type; (iv) it is not suitable for the particular use intended by the Consumer and/or Professional if brought to the attention of the Seller at the time of purchase and accepted by the Seller.

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8.3. Pursuant to Article 130 of the Consumer Code, in the presence of a lack of conformity, the Consumer and/or Professional may request the repair of the Product or its replacement at his choice, unless the remedy requested is objectively impossible or excessively onerous compared to the other according to the provisions of Article 130, paragraph 4, of the Consumer Code.

In particular, one of the two remedies is to be considered excessively onerous if it imposes unreasonable costs on the Seller compared to the other, taking into account: (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be exercised without significant inconvenience to the Consumer and/or Professional.

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8.4. In order to make the after-sales service of a high level and absolutely transparent, DenGio Shop and or De Nicola Simone undertakes, on a voluntary basis, to have the defective Product repaired or replaced within a maximum period of 14 (fourteen) days from the request for warranty assistance.

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8.5. The Consumer and/or Professional may also request an appropriate price reduction or termination of the contract, if one of the following situations occurs: (i) repair or replacement is impossible or excessively expensive; (ii) the Seller has failed to repair or replace the Product within 14 (fourteen) days of the request for warranty service.

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8.6. Upon receipt of the notification of the lack of conformity and provided that the reported defect exists and is ascertained from a technical point of view, DenGio Shop may offer the Consumer and/or Professional any other available remedies with the following effects: (i) if the Consumer and/or Professional has already requested a specific remedy, DenGio Shop remains obliged to implement it with the necessary consequences with regard to the commencement of the 30-day term referred to above,  subject to acceptance by the Consumer and/or Professional of the proposed alternative remedy; (ii) if the Consumer and/or Professional has not already requested a specific remedy, the latter may accept the proposal or reject it by choosing another of the remedies provided for by law.

In any case, a minor lack of conformity for which it is not possible or excessively expensive to exercise the remedies of repair or replacement, does not give the right to terminate the contract.

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8.7. In accordance with the provisions of the Consumer Code and the applicable Civil Code, the Legal Warranty is excluded if one of the following hypotheses occurs: (i) the Product has been repaired, tampered with, delivered for a technical examination or altered by parties other than the manufacturer, by DenGio Shop or by any other authorized party (e.g.: technical service centers not authorized by DenGio Shop and or De Nicola Simone); (ii) the alleged lack of conformity of the Product has occurred after 2 years from the delivery of the Product itself and/or the related request for repair or replacement of the defective Product has been sent 2 months after the discovery of the defect; (iii) the alleged defect is due (in whole or in part) to poor and/or improper use/storage/maintenance and/or installation – by the Consumer and or Professional or by persons other than the manufacturer, by DenGio Shop and or De Nicola Simone or by any other authorized party – or is due to non-compliance with the instructions provided by the Seller and present in the user manual of the Product or in the instructions provided by the Seller together with the Products delivered; (iv) at the time of the conclusion of the contract, the Consumer and/or Professional is aware of the defect and could not ignore it with ordinary diligence; (v) the lack of conformity arises from instructions or materials provided by the Consumer.

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8.8. The Legal Guarantee must be asserted against DenGio Shop through the Seller's Customer Service, in the terms indicated in point 8.2. above, through one of the following means: (i) by letter addressed to DenGio Shop c/o De Nicola Simone – Via Strada del Fiume n. 21 – 66100 Chieti (CH); or (ii) by email to the address dengioabc@gmail.com. The Seller's Customer Service will provide the Consumer and/or Professional with all the necessary information regarding the conditions and procedures for the use of the Legal Guarantee.

 

9. Liability for defective products

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9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code shall apply.

 

10. Right of return and withdrawal

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10.1. Pursuant to articles 52 et seq. of the Consumer Code, the Consumer and/or Professional has the right to withdraw from any contract concluded pursuant to these Conditions within 14 (fourteen) days from receipt of the Product at their address without any penalty and without having to provide any reason.

In the case of separate delivery of several Products, ordered by the Consumer and/or Professional with a single order, the term of 14 (fourteen) days for exercising the right of withdrawal starts from the day on which the last Product is delivered.

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10.2. In order to exercise the right of withdrawal, the Consumer and/or Professional must send a communication to this effect, within the deadline indicated in point 10.1 above, by submitting an explicit declaration of his/her decision to withdraw from the contract with the reason, attaching photos of the item, of the packaging itself both internal and external, detailed photo of the defect, photo of the packaging with the courier's label,  by e-mail to dengioabc@gmail.com.

Upon receipt of the communication containing the declaration of withdrawal, DenGio Shop will confirm to the Consumer and/or Professional – by e-mail to the e-mail address communicated during the purchase procedure on the Site pursuant to point 3.3 above. – the receipt of the declaration of exercised withdrawal, authorizing or not, the return of the Product(s), providing the instructions to proceed with any return.

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10.3. Within 14 (fourteen) days from the date on which the Consumer and/or Professional has communicated his/her intention to withdraw from the contract, he/she must send the Product carefully packaged in its original packaging, avoiding damage to it with adhesive labels or other and complete with everything originally contained (including packaging and any documentation and accessories):  manuals, cables, etc.), without any lack, to the following address: DenGio Shop c/o De Nicola simone – via Strada del Fiume, n. 21 – 66100 Chieti (CH).

The costs for the return of the Product will be borne by the Consumer and/or Professional, under the conditions and terms set forth in art. 57, paragraph 1, of the Consumer Code. The shipment, until the certificate of receipt by DenGio Shop, is under the responsibility and risk of the Consumer and/or Professional. DenGio Shop and or De Nicola Simone. will not be liable for any loss, theft or damage to the returned Products by the Consumer and/or Professional. The Consumer and/or Professional shall only be liable for the decrease in value resulting from handling other than that necessary to verify the nature, characteristics and functioning of the Product.

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10.4. Upon receipt of the Product, the Seller will verify its integrity and refund the Final Price of the purchased Product to the Consumer and/or Professional, excluding reshipment costs equal to 7% of the value of the product and in any case not less than €11. The refund will be made within 14 (fourteen) days from the day on which DenGio Shop was informed of the decision of the Consumer and/or Professional to withdraw from the contract by the same means of payment used by the Consumer and/or Professional at the time of purchase of the Product and unless the Consumer or Professional and the Seller have expressly agreed otherwise. In any case, the Consumer and/or Professional will not incur any costs as a consequence of such reimbursement.

DenGio Shop e De Nicola Simone reserves the right, however, to withhold the refund until it has received the Product whose shipment has been organized and carried out by the Consumer and/or Professional or until the Consumer and/or Professional has proven that he has sent the Product back, whichever occurs first. If the recipient of the Product indicated in the order is different from the person who made the payment for such Product, the Final Price will be refunded by DenGio Shop and or De Nicola Simone to the person who made the payment.

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10.5. In accordance with the provisions of the Consumer Code, the Consumer and or Professional may not exercise the right of withdrawal in the cases referred to in Article 59 of the Consumer Code.

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10.6. The right of withdrawal is also not allowed in the event of a lack of substantial integrity of the returned goods, and so for example in the event of: (i) the lack of the external packaging and/or the original internal packaging; (ii) absence of integral elements of the product (accessories, cables, manuals, parts, etc.); (iii) abnormal state of preservation. 

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10.7. In the event of forfeiture of the Consumer's and/or Professional's right of withdrawal, or in the event of the return by the Consumer and/or Professional of a Product in respect of which the Seller had completely legitimately denied the authorization to return, DenGio Shop and or De Nicola Simone shall have the right to return the purchased Product to the Consumer and/or Professional,  charging the same for the shipping costs.

 

11. Intellectual Property

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11.1. The Consumer and/or Professional declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of DenGio Shop and/or its assignees, without access to the Site and/or the purchase of the Products giving the Consumer and/or the Professional any right over the same.

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11.2. The contents of the Site may not be reproduced, in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of DenGio Shop and or De Nicola Simone.

 

12. Privacy Policy and Consumer Data

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12.1. In order to proceed with the submission of the order and therefore the subsequent conclusion of the sales contract on the basis of these Conditions, the Consumer and/or Professional is required to provide some personal data through the Site as well as to authorize the related processing, by issuing a special check-box during the purchase procedure. For any further information on how the Consumer's personal data is processed, please access the Privacy Policy section of the Website.

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12.2. The Consumer and/or Professional declares and guarantees that the data provided to the Seller during the purchase process are correct and truthful.

 

13. Communications, Contacts and Complaints

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13.1. For any request, communication or complaint relating to the Products, these Conditions or, in general, to any contract concluded with DenGio Shop through the Site, it is possible to contact the Seller at the following addresses: DenGio Shop c/o De Nicola Simone, Via Strada del Fiume, n. 21 – 66100 Chieti (CH) - Italy; e-mail address dengioabc@gmail.com. For telephone assistance, you can contact DenGio Shop Customer Service at +39 329 54 79 717 from Monday to Friday, from 8.30 a.m. to 12.30 p.m.

 

14. Applicable Law, Attempt at Conciliation and Jurisdiction

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14.1. Any sales contract concluded between the Seller and the Consumers and/or Professionals pursuant to these Terms and Conditions shall be governed and interpreted in accordance with Italian law and, in particular, by the Consumer Code with specific reference to the legislation on distance contracts, by Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning electronic commerce,  as well as the provisions of the Civil Code for anything not expressly provided for herein, with the exclusion of the operation of conflict rules.

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14.2. Disputes between the Seller and the Consumer and/or Professional relating to the validity, effectiveness, interpretation and/or execution of the sales contract and, in general, relating to the Consumer's and or Professional's navigation of the Site or the use of any functionality made available to him or her on the Site, may be subject to an attempt at conciliation to be carried out through the European "Online Dispute Resolution" platform (so-called "Online Dispute Resolution"). ODR) available at http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer and/or Professional can send a complaint relating to the contract concluded online with DenGio Shop and or De Nicola Simone by activating the online dispute resolution procedure. The Seller's e-mail address to be included in the claim is dengioabc@gmail.com.

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14.3. If the out-of-court settlement attempt referred to in paragraph 14.2 above is not adhered to, or if this attempt is unsuccessful, the dispute will be referred to the court of the place of residence or domicile of the Consumer and/or Professional, in this case the territorial jurisdiction being mandatory.

 

15.Amendments

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15.1. DenGio Shop reserves the right to modify these Terms at any time, at its own discretion, without the need to provide any prior notice to users of the Site.

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15.2. Any changes to the Terms will be published on the Site and the new Terms will only be applicable to orders placed on or after the day of their publication.

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