These terms and conditions govern the contracts of sale between the purchaser (hereinafter referred to as the “Purchaser”) and Doacoustics S.r.l., 95126 Catania – Italy Via Acicastello, 26 Pal. c, VAT Number 04884130875 — REA: 327219, (hereinafter referred to as the “Seller”).
1. General Selling Conditions
The general selling conditions herein govern all the contracts of sale entered into between the Purchaser and the Seller through the web site www.doacoustics.it. Each contract is subject to the general selling conditions published on the web site at the time when the contract is stipulated.
Any change proposed by the Purchaser shall not modify the general selling conditions, unless explicitly accepted in writing by the Seller.
2. Contract Parties
The on-line shop on the www.doacoustics.it web site is intended for the exclusive use of the consumers, i.e. it is reserved to retail.
3. Contract Execution
The offers on www.doacoustics.it are not binding for the Seller and do not represent an offer to the public, but simply an “invitatio ad offerendum”. The Purchase Order of the Purchaser is a binding contractual proposal. The Purchase Order is accepted by the Seller by way of an e-mailed Order Receipt, containing an extract of the selling conditions (product description, price, payment terms). The contract is executed and comes into effect when the Purchaser receives the Order Receipt. The Purchase Order and the Order Receipt are deemed as received when the parties, they are addressed to, have the possibility to accede the telecommunication messages.
In case the Purchaser does not receive the Order Receipt, or another similar communication, from the Seller within 48hours after placing the Order, the Purchaser shall promptly contact the Seller through its address: email@example.com.
4. Prices and Freight Charges
The price of products is shown on the price list published on the web site the day of the order issue and before the purchase order is issued. The total end price of the purchase order includes freight charges, but it does not include any custom duties and/or additional sales taxes, required for importing the merchandise into a foreign country. Any additional charge for custom clearance operations shall be exclusively charges forward. The shipment shall take place within 15 working days after the purchasing date. This delivery time is not binding; however, the Seller shall do its best to keep the delivery time.
The payment shall take place by PayPal®, directly from the Purchaser PayPal® account or by credit card. In case of payment by credit card, the credit card details are forwarded to PayPal®, which shall carry out the payments on behalf of the Seller.
The credit card data forwarded during order execution are protected against the non-authorized access by means of encrypted data transfer.
6.1 Legal Seller’s Guarantee.
The Seller grants a legal guarantee on the product by virtue of the 44/99/EC-Directive, for cases of product non-compliance to qualities defined in the selling contract, as set forth by the applicable regulations in force. The guarantee allows the Purchaser, in case of product compliance failure, to contact the Seller directly, within a reasonable time period, and ask for the product change or the contract resolution. However, the Purchaser is in no case granted a guarantee coverage for improper use of the product, non-compliant with its proper use as defined by the Seller/Manufacturer (instructions for use printed on the product itself). Any complaint shall be accompanied by a document giving evidence of the purchase (fiscal document issued by the Seller/payment receipt).
6.2 Complaint requirements
The complaint shall be made by the Purchaser promptly and not beyond 60 days from the date when the Purchaser found the non-compliance defect. During this time period, the product cannot be used. The Complaint shall be forwarded by telecommunication means to the Seller, who shall immediately advise the Purchaser about the procedure for product return.
7. Right to Withdraw from a Contract
By virtue of Art. 50 and subs. of the Legislative Decree dated 6th, September 2005, No. 206 (Code of Consumption) concerning the e-commerce contracts , the Purchaser has the right to terminate the contract with no obligation to indicate the reasons not pay any penalty within a term of 10 working days from the contractual merchandise date of receipt. The right to withdraw from a contract has to be deemed as applied against sending a written communication by registered letter with return receipt within 10 working days after the date of merchandise reception, addressed to:
95126 Catania – Italy
Via Acicastello, 26 Pal. c
+39 095 7164231
If the Purchaser wishes to appeal to the right to withdraw from a contract, he shall return the contractual product(s) at his charge, within 10 working days from merchandise reception date, and he shall have it delivered to the address mentioned above. The returned product must be intact and complete with all its accessories, its original packaging and the attached documents (invoice). It is understood that the risks of transport for returned products shall be fully to the Purchaser’s account. Do not ship the returned merchandise cash on delivery, as it would be automatically refused. The Seller reserves 30 days time to complete the checks on returned product integrity and to carry out any repayment. The repayment shall only cover the returned product value, freight charges excluded.
8. Venue and Applicable Law
Any dispute related to the implementation, execution, interpretation and breach of this contract shall be settled according to the Italian law. Any dispute between the parties related to this contract shall be settled by the Court of Alba (Cuneo), unless different regulations on behalf of the Purchaser are proved applicable.
The present selling conditions are drawn up in four languages: Italian, French, English and Spanish. In case of translation non-compliance, the Italian language shall prevail.
Data made available by the Customer and required for contract execution are handled in compliance with the Leg. Decree 2003 No.196 concerning the “Personal data protection”. For any other information, please refer to the “Privacy” section on the web site www.doacoustics.it.
This web site and the linked sites have been examined by Doacoustics S.r.l. with great accuracy. They do not contain anything unpleasant nor dangerous for children. In any case, Doacoustics S.r.l. is responsible only and exclusively for its website contents and it cannot be held responsible for the contents of third party sites having an authorized link, as the Seller has no control over them.
The whole contents of the www.doacoustics.it web site are the property of Doacoustics S.r.l. and it is under copyright. The web site has been generated for information, communication, entertainment purposes and it has been made available to the Users for personal and commercial purposes. The LeoVince, SITO and SilverTail trade-marks, the trade-marks of the Doacoustics S.r.l. products and promotions shown in the web site pages (including the related logos) and all the other distinctive signs, whether denominative or figurative, as well as the related slogans, are the exclusive property of Doacoustics S.r.l.; any use or reproduction of them for any purpose or with any means whatsoever is expressly and absolutely forbidden and it shall be prosecuted by Doacoustics S.r.l. by virtue of law. The trademarks, the logos and the characters of third parties reproduced on the web site are the property of the respective owners, who authorized their use. Any reproduction is forbidden. The web pages included in the web site and their contents (including, by way of example and not of limitation: texts, images, graphics, sounds) are protected by the copyright of Doacoustics S.r.l. or contain material whose exploitation has been duly authorized; therefore, its reproduction, duplication, publication, transmission (in whole or in part) under any form and with any modality, is forbidden. No reproduction of the web site or of parts of it can be subject of selling or distribution with commercial purposes. The downloading of material published in the web site is legal only if expressly authorized with the appropriate indication on the web pages; this authorization exclusively concerns the use for personal and non-commercial purposes of the downloaded material, while any other form of use is absolutely forbidden. Nothing published in the web site may be interpreted as an explicit or implicit license in favor of third parties for the use of the Doacoustics S.r.l., trademarks, of its texts, images, graphics, sounds and any other proprietary item mentioned at paragraphs above. Any forwarding to the web site of material by the Users is governed by the specific Regulations setting forth the conditions for the forwarding of material to the purposely-dedicated sections and explicitly defined as a reference; it is recommended to carefully read the Regulations before forwarding any material. Doacoustics S.r.l. operates with the maximum possible diligence in order to select and update the web site contents; in any case, Doacoustics S.r.l. refuses any responsibility in case information contained in the web site is incomplete or contain errors of any type. Moreover, Doacoustics S.r.l. declines all responsibility for damages suffered by the Users and their property following the access to the site, the impossibility to access the site or to download materials from the site, when allowed, including any damages to the Users’ IT equipment due to viruses.
95126 Catania – Italy
Via Acicastello, 26 Pal. c
+39 095 7164231
Last Edited on 2015-09-13