Terms and conditions
GENERAL CONDITIONS OF SALE
DAR s.r.l. with registered office in Via On. F.sco Napolitano 185 (P.co Carducci) 80035 – Nola (NA) and operating headquarters in Via Provinciale per Lauro, 34 – 83023 – Lauro (AV) with VAT number IT03637081211 (hereinafter “DAR”) is the owner of the site www.darsrl.it (hereinafter “Site”).
By using the services available on the Site you fully and unreservedly accept the General Terms and Conditions described therein (hereinafter the “Conditions”). These Terms and Conditions apply to any contract concluded between DAR and the user of the Site (hereinafter, the “Customer”) with reference to the goods and services offered therein (hereinafter, the “Contract”). It is understood that the stay on the Site following access, even by chance, constitutes full acceptance of the provisions of these Terms and Conditions.
In particular, by placing an order through the Site, the Customer declares to have read all the information provided to him during the purchase procedure, to have understood them and to fully accept these Conditions (including the payment terms described).
In order to take advantage of the services offered by the Site, the Customer must create his or her own profile on the Site (hereinafter, the “Profile”).
For this purpose, it will be necessary to communicate to DAR some data including: name and surname; residence/domicile address; e-mail address; username chosen; keyword to access to the Profile.
It is understood that DAR is in no way responsible for the correctness or lawfulness of the information entered by the Customer in the creation of the Profile.
These Conditions are valid and effective until they are modified and/or supplemented by DAR.
Any changes and/or additions to the Terms will be effective from the date of public disclosure and will apply to sales made from that date. The latest updated version of the Terms is the one available on the Site. It is the Customer’s responsibility, once the purchase procedure has been completed, to print or save an electronic copy of these Terms.
These Terms and Conditions are governed by the regulations on commerce Legislative Decree no. 70 of 9 September 2003 – and consumer protection – Legislative Decree no. 206 of 6 September 2005.
TERMS OF PURCHASE AND CONCLUSION OF THE CONTRACT
In order to proceed with the purchase of one or more Products, it’s necessary for the Customer to enter in his “Shopping Cart” the Products that he/she intends to purchase, specifying the desired quantity and variant (where such choices are possible), and proceed to send the request so generated to DAR (hereinafter, the “Order”).
The Customer may only purchase the Products in DAR’s electronic catalogue – which can be viewed on the Site – when the Order is placed, as described in the relevant information sheets (hereinafter, the “Products”).
By the way, DAR specifies that the image attached to the description sheet of each Product is not representative of its characteristics, as it may differ in colour, size and accessories.
The correct receipt of the Order is confirmed by DAR by means of an e-mail reply, sent to the e-mail address communicated by the Customer when creating its Profile (hereinafter, the “Summary Communication”).
The Summary Communication contains all the data entered relating to the Order and in particular:
- the general and particular conditions applicable to the Contract;
- the information relating to the essential characteristics of the good requested by the Customer;
- the detailed indication of the price and means of payment;
- any additional costs applied (for example, delivery costs);
- how to make the withdrawal.
It is the Customer’s responsibility to verify the correctness of the data reported in the Summary Communication and to promptly communicate any eventual corrections. It is understood that no changes will be possible for the data related to the invoicing after the issue of the invoice itself.
Each Order constitutes a contractual proposal by the Customer. It becomes binding for DAR only if, after three (3) days from receipt of the Summary Communication, there is no contrary communication from DAR (hereinafter, the “Contract”).
DAR reserves the right to cancel, without notice, any orders deemed to be unreliable. In this circumstance, if the Customer has nevertheless made payment and it has already been credited, DAR will immediately cancel the total amount of the Order.
Payments for Orders can be made through the following methods: Advance Bank Transfer, Credit Card or PayPal, cash on delivery.
– Advance Bank Transfer
In case of payment by Advance Bank Transfer, the Products ordered by the Customer will be considered booked until the receipt of proof of the transfer, to be sent to DAR (by e-mail) no later than 3 working days from the date of acceptance of the order. In any case, the Products will be sent only after the actual crediting of the amount due to DAR’s bank account, which must take place within 7 working days from the date of acceptance of the order. After these deadlines, the Contract will be considered terminated.
The reason for the bank transfer must include the following indications:
- Customer’s name and surname followed by the wording “online purchase”.
The bank details to make the Advance Bank Transfer are as follows:
Beneficiary: D.A.R. S.r.l.
Causal: [Customer’s name and surname] online purchase
In case of purchase through PayPal, at the end of the Order the Customer is directed to the PayPal login page.
The amount relating to the Order is debited (charged) to the Customer’s PayPal account at the time of purchase order …….
In case of cancellation of the Order, both by the Customer and in case of non-acceptance of DAR, any amount already paid by the Customer will be refunded to the Customer’s PayPal account.
Cancellation of the Order is possible until the Order is not yet being processed.
When the cancellation of the transaction is requested, in no case can DAR be held liable for any damages, direct or indirect, caused by delay in not releasing the amount committed by PayPal. At no moment during the purchase procedure.
DAR is not able to know the Customer’s financial information. Since there is no data transmission, there is no possibility that this data will be intercepted. No computer file of DAR contains or stores such data. For each transaction carried out with the PayPal account, the Customer will receive a confirmation e-mail from PayPal.
– Cash on delivery
This is valid only for the Italian territory, with an increase of € 5,00 on the total cost of the order. If the user has chosen the method of purchase by cash on delivery payment and without justified reason has not completed the purchase, returning the order to the sender, DAR has the right not to accept future orders with the same payment method received from the same name or to the same address.
PRODUCT AVAILABILITY AND ORDER PROCESSING
The on-line catalogue of the Site contains over 200 products.
Orders will be processed within the following timings:
– within 2-3 days from receipt of payment – if received by 12:00 noon – or the following day – if received after that time -, for Products in prompt delivery;
– within 90 working days after receipt of payment, for Products that are being replenished.
On the Site next to each product is indicated Availability is indicated
METHOD OF PICK-UP OR DELIVERY
Products ordered through the Site can be picked up at the DAR point of sale or delivery to the address indicated by the Customer by express courier.
a) Pick-up at the Point of Sale
Products can be picked up at the DAR Point of Sale:
- Via Provinciale per Lauro, 34 – Lauro (AV) 83023
- Via Nuova Nola, 70 – Palma Campania (NA) 80036
during the opening hours of the Store or at times to be agreed.
If such pick-up method has been chosen, DAR will contact the Customer – to the e-mail or telephone numbers provided by the latter – after receiving confirmation of payment, informing that it is possible to proceed with the pick-up.
b) Home deliveries
DAR offers the delivery service of the Products purchased to the address indicated by the Customer on the Order – as confirmed by the Summary Communication – through highly professional suppliers (hereinafter, “the Courier”).
This service is subject to a fee and provides for delivery up to the door (any further activity is to be intended as excluded). The related costs are summarized on the Order screen.
If the product is available at DAR’s warehouses, the delivery is made, approximately, within 48/72 hours from the notification of the payment of the Order, except in case of force majeure.
Deliveries are made, from Monday to Friday – excluding holidays – at the following times: from 9.00 am to 6.00 pm;
Once the orders have been delivered to the Courier, DAR will inform the Customer about the Courier’s web address and the identification code of its Order (so-called tracking number) to allow to trace the delivery; the relevant page will be available a few hours after the delivery.
If it is not possible to make the delivery to the address indicated in the Summary Communication in the absence of the recipient, the Courier will leave a special notice warning that the delivery will be made the following day.
In the absence of collection even on that second occasion, upon further notice of non-delivery, the Products ordered will be taken into storage by the Courier for the next two days, at the expense of the recipient. Together with each non-delivery notice, the Courier will leave its contact details in order to allow the recipient to schedule a new delivery.
After two days of storage at the Courier warehouse, the ordered Products will be returned to DAR with an additional charge of € 10.00 to the recipient to cover the costs of handling the file.
In the moment of delivery of the products by the Courier, the Customer is required to check (a) the number of packages delivered corresponds to the number indicated in the delivery note and (b) the packaging is intact, undamaged or otherwise altered, even in the closing materials.
Without prejudice to the provisions of Articles 130 et seq. of Legislative Decree no. 206/2005, the Customer must immediately contest any damage to the packaging and/or the products or the mismatch in the number of packages or indications, by remarking the words “ACCEPTED WITH RESERVE” on the Courier’s delivery note detailing the reasons and, in particular, indicating the Product concerned and the type of damage or anomaly found, since a generic indication is not sufficient. Without this wording, it will not be possible to open the claim procedure and take advantage of the insurance cover, therefore DAR will not replace the damaged parts except for a fee.
The Customer must also promptly report – and in any case no later than 8 (eight) days from the date of delivery – to DAR any problems related to the physical integrity, correspondence or completeness of the products received through an appropriate communication – accompanied by photographic documentation of the external and internal packaging and a copy of the Courier’s delivery note – to be sent by e-mail or registered mail.
In case of concerns or problems related to the delivery, the Customer is invited to contact DAR immediately at 0039 02 45480697.
Delivery costs are to be charged by the Customer. Their amount depends on the destination and weight of the Products; in case the delivery involves more than one Product, the related costs are calculated on the basis of the sum of the weight of the Products.
The amount of the delivery costs is clearly indicated on the “Shopping Cart” page, before sending the Order. It is also summarised in the Summary Communication.
RIGHT OF WITHDRAWAL
In accordance with the provisions of Legislative Decree 206/2005, Articles 52 et seq., if the Customer is a consumer (hereinafter, the “Consumer Customer”), he has the right to withdraw from the Contract for any reason, without explanation and without penalty, within 14 days from the date of receipt of the Products.
For these purposes, the Customer must send DAR a notice explaining its decision to withdraw from the contract.
The Products must be sent to DAR, no later than 14 days after the date on which the Customer has communicated its decision to withdraw from the contract to the following address:
Via Provinciale per Lauro, 34, 83023 Lauro (AV)
In order to validly exercise the right of withdrawal, the Consumer Customer must comply with the following conditions:
– the returned Products must be accompanied by a receipt for their purchase;
– even if they are part of a single Contract concerning several Products, single Products may also be returned. In any case, the returned Products must reach DAR in their entirety. Each Product must be intact and returned in its original packaging, complete in all its parts (including packaging, any documentation and accessory equipment to limit damage to the original packaging); in particular, if packaging seals and/or markings are affixed on the packaging, these must not be broken or removed;
– the packages in which the Products are inserted must be intact; each package is made exclusively for each Product, according to a specific processing, and constitute an integral part of the Products;
– shipment to DAR is exclusively to the customer care and expenses. DAR is not be responsible in any way for damage, theft or loss of the returned Products.
It is understood that, if the returned Product is damaged during transport, DAR shall provide the Consumer Customer with prompt notice in order to allow him/her to take prompt action against the Courier chosen by him/her in order to claim damages.
Upon arrival at DAR, the Product will be examined to assess any damage or tampering. if the packaging and/or the original packaging is damaged, the Customer will forfeit the right of withdrawal.
For Products returned intact and to which the relative receipt/proof of purchase will be attached, DAR will refund the Consumer Customer the price of the Products purchased within 14 days of their receipt. The Consumer Customer will therefore bear the costs related to the delivery of the Order and the subsequent shipment of the return.
For the purposes of refund , the Consumer Customer expressly agrees that the above mentioned refund shall be made by reversing the amount charged to the Credit Card indicated by the Consumer Customer or by Bank Transfer, in accordance with the instructions and bank details that will be indicated by the Consumer Customer.
In absence of compliance with the conditions and procedures for exercising the withdrawal described above, as well as in the event of damage to the Products for other causes than transport, the Contract will remain valid and effective and DAR will return the Products unduly returned to the Consumer Customer, charging the same with the additional shipping costs.
In accordance with the provisions of Legislative Decree 206/2005, art. 59, the right of withdrawal is excluded with reference to those Products that have been specifically ordered, custom packed or, in any case, clearly customized according to the Customer’s needs.
COMPLAINTS AND COMMUNICATIONS
Any complaint or notice from the Customer to the DAR regarding the Contracts will be addressed to DAR S.r.l. at the following addresses:
- by ordinary mail, to DAR srl Via Provinciale per Lauro, 34 – 83023 – Lauro (AV).
- by e-mail email@example.com
According to art. 130 co 2 of Legislative Decree 206/2005, DAR guarantees the Products purchased by the Consumer Customer for any defects of conformity existing at the time of the same when the lack of conformity becomes apparent within two (2) years from delivery. In such cases, the Consumer Customer has the right, as an alternative, to (i) restore, without charge, the conformity of the goods by repair or replacement; (ii) an appropriate reduction in price; (ii) termination of the contract.
The Consumer Customer falls however from the rights, under article 130, paragraph 2Dlgs 206/2005, if he fails to report the lack of conformity to DAR within two (2) months from the date on which he discovered the defect.
DAR undertakes to make every effort to replace, at its own care and expense, with other Products of the same quality available in its warehouses, those Products that are damaged or defective, provided that the same have been returned by the Consumer Customer in their original packaging (complete in all parts). If replacement with the same Product is not possible, DAR will refund to the Customer the amount paid for the Product found to be defective.
No damage can be claimed to DAR for any delay in carrying out repairs or replacements.
For Customers who are not consumers, DAR guarantees that the purchased Products are free from defects. The Customer, however, forfeits the right to warranty if he does not report the defects to DAR within eight (8) days of discovery. In any case, the action will be prescribed within one year of delivery.
DAR declares that all the Products in the catalogue and marketed are in conformity with the standards and approved according to the norms of the European Union. DAR will not be responsible in the event of any deviations from the standards of countries not belonging to the European Union and/or their failure to homologate the Products themselves to the said countries.
Without prejudice to the above DAR undertakes to replace, at its own care and expense, a Product or a component thereof if:
- DAR has mistakenly sent the Customer a Product other than the one ordered. In such case, the Customer must refrain from opening the packaging and immediately report to DAR the occurrence of such circumstance in order to allow the appropriate checks and to receive the appropriate instructions to obtain the replacement;
- The purchased Product is not working due to manufacturing defects;
- The Product is incomplete in some components listed on the Site.
In order to activate product replacement procedure the Customer must contact DAR at the following addresses:
Phone +39 0815102308
or contact customer support:
Phone +39 3343353228
For this purpose, the Customer must keep the receipt/proof of purchase of the Product and send a copy to DAR.
DAR reserves the right to examine the Product before accepting or not the return. If the above conditions are not met, the Product will be returned to the Customer as soon as possible at the Customer’s expense. If the Customer refuses the shipment, DAR reserves the right to retain the Product and the corresponding amount.
If DAR doesn’t have the availability of the Product to be replaced, it will refund the price of the Product within 10 days of receipt of the Product by reversing the amount charged to the Credit Card indicated by the Consumer Customer or by Bank Transfer, in accordance with the instructions and bank details that will be indicated by the Customer.
PLACE OF JURISDICTION
These Terms and Conditions are governed by Italian law.
For the settlement of disputes arising from the conclusion, interpretation and execution of these Terms and Conditions entered in accordance with them, if the Customer is a consumer, the territorial jurisdiction is that of the reference court of his town of residence.