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Terms of sale
The “General Terms of Sale” given below refer to the online purchase of
products and services from the website www.DVDart.it owned by Luca
Moioli, VAT No. 03031450160, Tax Code: MLOLCU63B15F205B.
A – Acceptance of the General Terms of Sale 1. The contract undersigned between Luca Moioli and the Client will
be effective when Luca Moioli accepts the order, even partly. This
acceptance will be tacit unless the Client is informed otherwise in
any way. By placing an order in one of the several envisaged modes,
the Client implicitly accepts all specifications provided during the
purchase procedure, and fully accepts the General Terms of Sale and
Payment described below.
2. On completion of the online purchase procedure, the Client will
be required to print and store these General Terms of Sale that s/he
will already have read and accepted as a necessary phase of the
purchase procedure, and product specifications of the item
purchased, in order to fully meet the terms given in art. 4, 5, 52
and 53 of Legisl. Decree No. 206/2005.
3. The Purchaser is strictly forbidden to enter false, imaginary or
third party data during the registration procedure that will mark
the contract’s commencement. Luca Moioli reserves the right to
legally pursue all violation and abuse, in the interest and for the
protection of all customers.
4. The Client is not entitled to claim compensation for damages or
for either direct or indirect damages to people and/or things – both
inside and outside the contract – resulting from failure to accept
or process even part of an order, and for any delays that cannot be
blamed on Luca Moioli.
B – Purchase mode – Order acceptance / Closing the contract
1. The Client can only order products listed in the electronic
catalogue published on the website www.DVDart.it at the time the
order is presented, just as they are described in the Product Fact
Sheet.
2. By placing the order the client sends Luca Moioli a purchase
proposal for the selected product/s. Submission of the purchase
order implies his/her consent to receive the following
communications from Luca Moioli solely for the purpose of concluding
and implementing the sales contract. Correct receipt of the order
will be confirmed by Luca Moioli to the e-mail address given by the
Client.
3. Luca Moioli reserves the unquestionable right to accept the
client’s purchase proposal. In case of failure to accept the order,
Luca Moioli will speedily inform the Client by e-mail.
4. Ordered items will only be forwarded when all requested products
are available. Therefore, no partial mailing is envisaged.
C – Order cancellations The order can be cancelled by sending an e-mail to
info@DVDart.it within 24 hours after
submission (calendar day).
D – Payment modes 1. PayPal Clients who select the PayPal payment option will be directed to the
PayPal login page on conclusion of the order processing phase. On receipt of the order the established amount will be credited to
Luca Moioli’s PayPal account. If the order is cancelled (see paragraph C), either by the Client or
due to Luca Moioli’s refusal to accept the order, the sum will be
refunded to the Client’s PayPal account.
2. Bank transfer All items ordered will only be sent after our bank has confirmed the
payment. If the order is cancelled (see paragraph C), either by the Client or
due to Luca Moioli’s refusal to accept the order, the sum will be
refunded to the client’s PayPal account.
E – Delivery methods and charges
1. For every order processed, Luca Moioli will issue an invoice
for the mailed material. The invoice will be sent to the Purchaser’s
e-mail address, pursuant to art. 14 of Presidential Decree No.
445/2000 and Law Decree No. 52/2004. The invoice will be based on
information provided by the Client when the order is submitted.
Invoice details will not be changed after the invoice is issued.
2. Standard delivery by priority mail
3. Any damage to either the packaging and/or the product must be
immediately reported within 7 days after receipt of the item by
sending an e-mail to
info@dvdart.it
F – Right of withdrawal 1. Pursuant to Legisl. Decree No. 206/2005, art. 64 and
subsequent articles, if the Client is a customer (i.e. a physical
person who purchases the goods for purposes that are not related to
his professional activity, a person who does not provide a VAT
number in the order form), he has the right to withdraw from the
purchase contract for any reason, without being required to pay a
fine, except for specifications in paragraph 3 below.
2. To exercise this right, the Client must send an e-mail to
info@dvdart.it within 7 days after receipt of the goods enclosing:
• a written, signed statement of the intention to exercise the right of
withdrawal, specifying the item for which the procedure is applied; • a copy of the original invoice; • bank details for the money refund (i.e. IBAN code, account number
and account holder).
3. The Right of Withdrawal is subject to the binding conditions
listed below. • It applies to the purchased product in its entirety; no partial
withdrawals from part of the purchased product will be accepted
(e.g. accessories, enclosed software, etc.). • The Right of Withdrawal does not apply to audiovisual products
(DVD) or sealed computer software (including those enclosed with
hardware) once they have been opened or installed. • The purchased item must be intact and returned in the original
package, complete in all its parts (including packaging and any
accessory documentation supplied: manuals, cables, etc.). We
recommend placing it in a second box, when possible, to limit
damages to the original package. No labels or adhesive tape must be
directly applied to the product’s original package. • Forwarding expenses to return goods will be paid by the Client. • The forwarding process will be under the client’s total liability,
until our warehouse confirms receipt. • In case of damages to goods during transport, Luca Moioli will
inform the Client of the event (within 5 working days from receipt
of the goods in his warehouse) in order to speedily claim damages
from the courier to obtain a refund of the value of the goods (if
insured); in this case, the product will be placed at the disposal
of the Client to be returned to him/her and the request for
withdrawal will be concurrently cancelled. • Luca Moioli will not answer in any way for either damages or the
theft/loss of goods returned through uninsured forwarding
procedures. • Goods placed under the Right of Withdrawal must be returned to our
warehouse within 7 calendar days after the date of authorisation for
their return. After this date the item will be rejected and the
withdrawal request will be cancelled.
4. Save any expenses incurred in to repair ascertained damage to the
original package and/or internal packaging (e.g. cellophane, box,
etc.), Luca Moioli will refund the Client the entire amount of the
returned goods within 30 days after receipt by writing off the
amount credited on his PayPal or bank account.
5. The Right of Withdrawal will be entirely forfeited if the basic
conditions of integrity of the goods (e.g. package and/or contents)
are not met; specifically, if Luca Moioli ascertains: • the lack of the external package and/or original internal package; • the absence of elements integrating the product (e.g. accessories,
cables, manuals, parts, ...) or anomalies in the product itself; • damage to the product wrought by causes other than its transport; • damage to the external package that cannot be restored; • that the product has been used, subject to wear and tear and
altered compared to its original condition. If the Right of Withdrawal is forfeited, Luca Moioli will return the
purchased goods to the sender, charging him the delivery expenses.
G - Warranty 1. All products sold by Luca Moioli have a 24-month warranty for
compliance defects, pursuant to Law Decree 24/02. The Client may
access customer service during the warranty period by preserving all
invoices received by e-mail in electronic PDF format.
2. Pursuant to Law Decree 24/02, the 24-month guarantee applies to
products presenting a compliance defect, as long as the item is
correctly used in compliance with its intended use and with
specifications given in the enclosed technical documentation. This
guarantee is reserved to the private Consumer (i.e. physical person
who purchases the goods for purposes unrelated with his/her
professional activity, who makes the purchase without specifying a
VAT number in the order form). In case of a compliance defect, Luca
Moioli will - without surcharges for the Client - restore the
product’s compliance by repairing/replacing or reducing the price or
by terminating the contract.
5. If, for any reason whatsoever, the Client cannot be given a
guaranteed product (e.g. repaired or replaced), Luca Moioli may
refund, at his discretion, the lower amount between the market price
at the time of purchase and the invoiced price, or replace the item
with a product that presents either the same or higher features,
even of another brand.
6. No damage can be claimed from Luca Moioli for any delays in
repairs or replacements.
7. If the warrantee requires the product to be returned, the Client
will be required to place it in the original package, complete in
every part (including packaging, any documentation and accessories,
such as manuals, cables, etc...). We recommend placing it in a
second box, when possible, to limit damages to the original package.
No labels or adhesive tape must be directly applied to the product’s
original package.
H – Privacy Clause Personal data requested during the order placement will be
stored by Luca Moioli and processed on IT media to meet obligations
related to the contract closed with the Client. In no case will it
be transferred to third parties. Luca Moioli guarantees compliance
with personal processing regulations specified in Legisl. Decree No.
196 dated 30.06.2003. The client has the right to withdraw his consent to personal data
processing at any time by giving written notice to the e-mail
address info@DVDart.it.
I - Complaints All complaints must be sent to the e-mail address info@DVDart.it
L – Applicable Law The sales contract between the Client and Luca Moioli will be
deemed as closed in Italy and regulated by Italian Law. The
competent authority for any civil or penal controversies resulting
from this ‘distance sales contract’ will be the Law Courts in the
Client’s municipality of residence, if the Client is a consumer.
M - Terms The terms of this contract can be amended by Luca Moioli with no
forewarning, and they will apply from the date of publication on the
website www.DVDart.it
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