Condition of sales
General Terms and Conditions of Sale
Date of publication on the site and entry into force 09/09/2020
1.1. These general conditions of online sale (hereinafter also the "General Conditions") apply to all sales contracts concerning the "Duvetica" brand products (hereinafter "Products” or the singular "Product") concluded between Triboo Digitale S.r.l. - a Company of the Triboo group - with registered office in Viale Sarca 336, 20126 Milan, Italy, tax code, VAT number and registration number in the Milan Company Register 02912880966 (hereinafter "TRIBOO DIGITALE" and/or "Seller") and the user, intended as a consumer pursuant to art. 3 of the Legislative Decree n. 206/2005 ("ConsumerCode") as well as pursuant to article 1.2 below, based on orders sent electronically through the e-commerce site www.duvetica.com (hereinafter the "Site"). The Site, owned by Duvetica International s.r.l., with registered office in Sestiere San Marco 5369/A, 30124 Venice, tax code, VAT number and registration number in the Business Register of Venice Rovigo Delta Lagunare 05132970285 (hereinafter "Duvetica International" and/or "Owner"), is managed by Triboo Digitale S.r.l..
1.2. TRIBOO DIGITALE deals with the sale of the Products through the Site on behalf of the Owner. Purchases of Products made through the Site will involve the parties on the one hand of TRIBOO DIGITALE, as a seller, and on the other hand the subject/user who proceeds to purchase one or more Product(s) for purposes not related to his own business, commercial, craft or professional activity, such as buyer (hereinafter the "Consumer"), (Seller and Consumer will hereinafter be collectively referred to as the "Parties"). The user who is not a Consumer is invited to refrain from concluding commercial transactions on the website www.duvetica.com.
1.3. The Owner is not part of these General Conditions, but he is owner of the rights to the domain name of the Site, the logos, trademarks and designs and/or models, relating to the Products presented on the Site, as well as copyright on the contents of the Site as well as any other intellectual and industrial property rights assigned to him.
1.4. Any communication by the Consumer related and/or referred to the purchase of Products – including notices, claims, requests concerning the purchase and/or delivery of Products, exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and at the e-mail address firstname.lastname@example.org.
1.5. Each purchase is regulated by these general sales conditions in the version published on the Website upon transmission of the order by the Consumer.
1.6. The Website is intended for retail sales and as such, meant exclusively for the use by Consumers. Persons who are not Consumers are invited not to execute purchase orders. The Seller reserves the right not to process orders from subjects other than the Consumer or in any case orders that do not comply with his commercial policy. Should one or more sales of Products be made to individuals who do not qualify as Consumers, these General Conditions of sale shall still apply but, notwithstanding their content:
- a) the buyer will not be able to exercise the right of withdrawal as set forth by art. 10;
- b) the buyer cannot benefit of the Product warranty indicated in art. 8;
- c) no other benefits will be acknowledged to the buyer, provided for herein in favour of the Consumer, which refer or comply with binding laws;
- d) the sales contract between the Seller and the purchaser shall be governed by Italian Law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, Vienna, 1980;
- e) the exclusive place of jurisdiction for any dispute that may arise between the Seller and the non-Consumer subject in relation to the validity, interpretation, execution and termination of these General Conditions or of the sales contract will be that of Milan.
1.7. Upon transmission of the purchase order, the Consumer agrees to receive confirmation of the information concerning the order placed and these general conditions via email at the address specified when registering to the Website or during the purchase process.
1.8. In order to make purchases on the Website, the Consumer must be of legal age (18 years old) and boast legal capacity.
1.9. Any costs incurred for internet connection to the Website shall be borne solely by the Consumer, as shall any telephone charges, according to the Consumer’s standard rates.
- Characteristics of the Products and availability in different geographical areas
2.1. The Products are sold featuring the characteristics described on the Website and according to the general sales conditions published on the Website when the Consumer places the order, excluding any other term or condition. The images and colours of the Products offered for sale on the Site may not correspond faithfully to the real ones due to the settings of the computer systems or devices used by the Consumer to view the Site (for example, due to the effect of the Internet browser and monitor used for access to the Site and viewing the images).
2.2 The Seller reserves the right to modify these general sales conditions at any time, at its own discretion, without any prior notice to the users of the Website. Any changes made will be effective from the date of publication on the Website and will only apply to sales completed from that date.
2.3. Prices, Products on sales on the Website and/or their characteristics may be subject to changes without notice. These changes only apply to orders not yet confirmed on the date of the change itself. In any case, before sending the purchase order pursuant to article 3 below, the Consumer is invited to check the final sale price as well as the characteristics of the Product and/or Products he intends to purchase.
2.4 You can access the Website from around the world. However, products available on the Website can only be purchased by users requesting the delivery in one of the States indicated on the Website.
- Product purchase methods – Fulfilment of each purchase contract
3.1. Presentation of the Products on the Website is not binding for the Seller and is merely an invitation to the Consumer to enter into a purchase contract with the Seller and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller through the Site, with the procedure described in the following article 4, has the value of a contractual proposal and is governed by these General Conditions, which constitute an integral part of the order itself and that the Consumer, by transmitting the order to the Seller, confirms that he knows and accepts in full and without reservation. Before purchasing Products, by transmitting the purchase order, the Consumer will be asked to carefully read these General Conditions of sale and the information regarding returns and refunds, to print a copy using the print button and to memorise or make a copy for personal use. The Consumer will also be asked to check and correct any errors in the personal details entered.
3.3. The Consumer's purchase order is accepted by the Seller by sending to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site or the transmission of the order if the Consumer is not registered on the Site, an e-mail confirming the order itself, which will contain the link to the text of these Conditions, the summary of the order made, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the Product or Products ordered. The Consumer's order, the Seller's order confirmation and the General Conditions applicable to the relationship between the Parties will be filed electronically by the Seller in its IT systems and the Consumer may request a copy by sending an e-mail to the Seller at the address email@example.com.
3.4. Any purchase contract for Products is deemed to be concluded on receipt by the Consumer of the Seller’s order confirmation via email.
- Procedure to select and purchase the Products
4.1. The Consumer can purchase the Products presented on the Website by selecting Products of interest and placing them in the virtual shopping cart. After the selection of the Products, in order to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Site by creating a new account, entering all the data requested therein, or (ii) to log in, if the Consumer is already registered or (iii) to provide his data in order to complete the order and allow the completion of the contract, if the Consumer intends to purchase as a guest. In order to make a purchase, the Consumer will be prompted to confirm his data (for example and not limited to: name, surname, etc.), the address where the selected Products will be delivered, the invoicing address and compulsorily, a telephone number in order to be able to be contacted for any notices concerning the purchase made, in case this information is different from that input during registration. The Consumer will view a summary of the order to place, where he can modify the contents: therefore, the Consumer, after reading them carefully, shall explicitly approve these general sales conditions by crossing the check-box on the Website and lastly, through the ‘’Order input’’ button, the Consumer will be prompted to confirm his order which will be transmitted to the Seller and will produce the legal effects set forth by previous paragraph 3.2. of this contract. The Consumer will also be asked to choose a delivery method and payment method from those available. If the Consumer decides for the method of payment by credit card, PayPal or instant bank transfer, he will be required to communicate the relevant data (financial information) via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the information provided by the Customer. If payment is made by credit card, the purchase amount will be charged only when the order confirmation is transmitted by the Seller to the Customer.
4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address firstname.lastname@example.org.
- Delivery of goods and acceptance
5.1. The Website shows the availability of the Products and relative delivery times. This information must however be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within its power to respect the delivery times indicated on the Website and, in any case, to deliver the goods within a maximum of 30 (thirty) days from the day after the day when the Consumer transmitted the order. In the event of the Seller failing to execute the order due to the unavailability of the Product, the Seller will provide a written notice to the Customer and will refund any sums already paid by the Customer for the payment of the Product. 5.3. If the Customer has chosen a bank transfer as a payment method, the delivery time will start from the receipt of the consideration by the Seller.
5.3 Shipping of the Products ordered by the Customer will be made in the mode selected by the Customer, among those available and indicated on the Website at the time of shipping of the order. Upon receipt of the purchased Product(s), the Consumer is required to promptly check 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 differing from the order placed, according to the procedure set out in the following art. 8 of these Conditions, in the absence of which the Products will be deemed as accepted. Should the packaging or wrapping of the Products ordered by the Consumer reach the destination not intact and/or with signs of damage, tampering or alteration, the Consumer must immediately raise the necessary complaint to the carrier / shipper, refusing delivery of the Product (s) from the carrier/shipper or by accepting delivery "with reserve". In any case, the Consumer must inform the Seller of the incident as soon as possible by contacting the customer service at the customer care email address: email@example.com
- Prices, delivery costs, duty and taxes
6.1 The price of the Products is the one indicated on the Website at the same time as the Customer sends the order. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable) but they do not include shipping costs which remain entirely the responsibility of the Consumer, vary depending on the shipping method selected and are indicated separately in the summary of the purchase order and that the Consumer himself undertakes to pay the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay the Seller the total price as shown on the order and order confirmation email sent by the Seller to the Consumer.
6.3. Should the Products be delivered in a country not belonging to the European Union, the total price indicated in the order and confirmed in the order confirmation including indirect taxes (if applicable) does not include potential customs fee and any other fee on sales that the Consumers agrees since now to pay if due, in addition to the price indicated in the order and confirmed through the order confirmation, according to laws applicable in the country where the products will be delivered. The Consumer is invited to contact the competent authorities in his country of residence or of destination of the products for information about any applicable customs duties or taxes in that particular country.
6.4. The Consumer shall pay all and any further costs, charges, taxes and/or duties applied by the destination country for whatever reason to any Products ordered on the basis of these General Conditions of sale.
6.5. The Consumer declares and accepts that the lack of knowledge of the costs, charges, duties, taxes and/or duties referred to in the previous par. 6.3. and 6.4., when sending an order to the Seller, cannot constitute a cause for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.
The payment of the price of Products purchased through the Website must be made within the essential time of 10 (ten) days from the date of transmission of the Order Confirmation from the Seller to the Customer. The Customer expressly agrees that the Seller's performance on the Contract will commence upon the crediting of the price of the Product(s) purchased on the Seller's current account. The Seller reserves the right not to accept the purchase order in case of failure to authorize payment by the manager of the payment method used pursuant to art. 7.1.
7.2. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Shopify International Limited, a private company limited by shares, incorporated in Ireland under registration number 560279, with its registered offices located at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, VAT number IE 3347697KH, an operator that deals with payments on behalf of the Seller. The transmitted data will be sent in protected mode, through the encrypted data transfer with 128 bit SSL (SecureSocketLayer) system. These data are not accessible even to the Seller.
7.3. Should payment be issued through bank transfer in favour of the Seller, the Consumer shall indicate the “Swift” and “IBAN” codes indicated in the order confirmation.
7.4. The Seller will promptly transmit to the Consumer, if required by applicable law, the tax receipt relating to the purchase made, which will be in electronic format via e-mail to the address declared by the same Consumer if the Products purchased are intended to be delivered in Italian territory, or will be attached in paper format to the Products purchased, in all other cases.
- Legal guarantee of conformity released by the Seller, notification of conformity defects and interventions under warranty
8.1. Pursuant to and by effect of the European Directive 1999/44 / EC and the Italian Legislative Decree no. 206/2005 (hereinafter the "Consumer Code"), the Seller is required to deliver to the Consumer Products that comply with the sales contract. The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the Product provided that the lack of conformity occurs within the term of 2 (two) years from the date of delivery of the Products to the Consumer. It is not possible to apply for any guarantee in case of use or washing of the Product that is not in conformity with the Product's own instructions and the instructions/warnings provided by the Seller and/or the Owner, or that are included in the reference documentation, in leaflets, or on the labels.
8.2. Under penalty of forfeiture of this guarantee, the Consumer has the duty to report any lack of conformity to the Seller within 2 (two) months from the date on which he discovered the defect, by sending to the Customer Service an e-mail to firstname.lastname@example.org, with a precise and complete indication of the lack of conformity found, as well as the relative documentation: at least 1 (one) photograph of the Product highlighting the lack of conformity found, the order confirmation sent by the Seller and/or the tax receipt.
8.3. Following receipt of this request and relative proof, the Seller shall evaluate the defects and non-compliances notified by the Consumer via the Owner’s assistance service. After quality checks to ascertain the effective non-compliance of the Product, the Seller shall decide whether to authorise return of the Product(s), sending the Consumer a form with a “Returns code” to the email address provided by the latter during registration on the Website or during the purchase procedure. Authorisation to return the Product(s) in no way represents a recognition of defects or non-compliances, whose existence shall be ascertained after receipt of the goods by the Seller. The Products of which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the "Return Code" and complete with all components (including packaging and any documentation and accessory equipment), within 30 (thirty) days from the reporting of the defect or non-conformity, to the following address:
Tws Logistica srl
Via C. Nassyria 5/abcd
20900 Monza (MB)
8.4. Once the Product has been collected/received and the Seller has verified the lack of conformity, the Consumer will have the right to have, without charge, within a reasonable period of time and without causing significant inconvenience to the Consumer himself, the conformity of the Product restored by the Seller, through repair or replacement, unless the remedy requested by the Consumer is objectively impossible or excessively expensive compared to the other. The Consumer can request, at his discretion, a reasonable reduction in the price or the termination of the contract if one of the following conditions occurs: (a) repair and replacement are impossible or excessively expensive; (b) the Seller has not repaired or replaced the Product within a reasonable period; (c) the replacement or repair previously carried out has caused significant inconvenience to the Consumer.
8.5 If, as a consequence of the remedies provided for in art. 8.4 the Seller is required to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, again by e-mail to the address email@example.com, the bank details to make the transfer in his favour and to ensure that the Seller is put in a position to be able to return the amount due.
8.6 In the event that following the checks carried out by the Seller it emerges that the reported lack of conformity does not exist and/or that there are no conditions for the application of the aforementioned remedies of the Legal guarantee, the latter will be deleted and all expenses of transport (incurred for sending the Product from the Consumer to the Seller and vice versa) will be borne by the Consumer. The above will be notified to the Consumer and the Product (s) in question will be sent back to the Consumer.
- Liability for damage caused by faulty product (s)
9.1. As for any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply. The Seller, as distributor of the Products through the Site, is free from any liability, none excluded and/or excepted, indicating, at the request of the damaged Consumer, the identity and domicile of the relative producer.
- Right of withdrawal
10.1 The Consumer is recognized the have the right to withdraw from any contract concluded pursuant to these General Conditions, without having to provide any reason, within the term of 14 (fourteen) days starting (i) from the day on which the Consumer or a third party designated by the Consumer, other than the carrier, acquires physical possession of the Product (s) purchased (ii) in the case of purchase with a single order of more Products, delivered separately, from the day on which the Consumer or a third party designated by the Consumer, other than the carrier, acquires physical possession of the last of the purchased Products.
10.2 To exercise the right of withdrawal, the Consumer must inform the Seller, before the expiry of the term referred to in paragraph 10.1 above, of his decision to withdraw from the contract, by accessing the "Myreturns" page from My Account or, if the Consumer is not registered on the site, by accessing the dedicated page and entering the order number and the email with which he made the purchase. Alternatively, the Consumer can send an explicit declaration to the Seller via the contact form or to the e-mail address firstname.lastname@example.org of his decision to withdraw.
10.3 Following the provisions of point 10.2 above, the Seller will send the Consumer an e-mail confirming receipt of the request for withdrawal, containing the return form to be included in the package, and the instructions to proceed with the return of the product, to be sent no later than the following 14 (fourteen) days to
Tws Logistica srl
Via C. Nassyria 5/abcd
20900 Monza (MB)
- In the event of exercising the right of withdrawal, the Consumer is required to return the purchased Product (s) to the Seller without undue delay and, in any case, within 14 (fourteen) days from the date on which you communicated to the Seller his decision to withdraw from the contract. To comply with this term, the buyer must return the goods before the 14-day period expires. The risks and direct costs of returning the goods, as well as the proof of this, will be borne by the buyer. If the consumer exercises the withdrawal through the site, before confirming the withdrawal request, he will be shown the cost for returning the goods, if he wants to use the return service offered by the site.
10.5 After returning the Product(s), the Seller will carry out the necessary checks relating to the compliance of the Product(s) with the terms and conditions indicated in this article 10. In the event that the checks are successfully concluded, the Seller, upon communication by e-mail to the Consumer of the acceptance of the Product(s) thus returned, will refund the Consumer in full the price of the returned Product (s) and the initial shipping costs related to it (with the exception of the additional costs deriving from the possible choice by the Consumer of a type of delivery different from the less expensive type of delivery offered by the Seller), without undue delay and, in any case, no later than 14 days from the day on which he was informed about the Consumer's decision to withdraw from the contract. Such refunds will be made using the same method of payment used by the Customer for the initial transaction, unless the Customer requests a refund by a different method of payment, in which case the Customer will incur any additional costs arising from the different method of payment. The Seller may suspend the reimbursement until receipt of the returned Product (s) or until the Consumer demonstrates that he has sent the Product(s) back, whichever occurs first. If the recipient of the Products indicated in the order form does not coincide with the person who made the payment for the Products, in case of exercise of the right of withdrawal by the Consumer, the Seller will reimburse the person who made the payment.
10.6 The Customer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, features and functioning of the goods. Therefore, if the returned goods are damaged (for example, with signs of wear, abrasion, scratches, dents, deformities, etc.), not complete with all their components and accessories (including labels and tags unaltered and attached to the product), are not accompanied by the enclosed instructions/notes/ manuals, original boxes and packaging, and the Warranty Certificate, where applicable, the Customer shall be liable for the decrease in the value of the goods and shall be entitled to a refund of the amount equal to the residual value of the Product. To this end, the Customer is encouraged not to handle the good beyond what is strictly necessary to establish the nature, features and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity, and also protects it during transport from any writing or labels.
- Intellectual and industrial property rights
11.1. The Consumer declares that he is informed that all the brands, names and any other distinctive mark, denomination, image, photo, writing or graphics used on the Website or relative to the Products are and remain the exclusive property of the Owner, without access to the Website and/or purchase of the Products entitling the Consumer to any right to the same.
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 Duvetica International.
- Consumer data and privacy protection
12.2. The Consumer declares and guarantees that all data provided to the Seller during registration and purchase are correct and truthful.
12.3. The Consumer may at any moment update and/or modify personal details provided to the Seller in the specific “My Account” section of the Website, accessible after log in.
13.1. Despite the Seller adopts measures aimed at protecting personal data against loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limits in protecting electronic communications via internet, the Seller cannot guarantee that the information or data visualized by the Consumer on the Website, also after logging in, cannot be accessed or viewed by non-authorised third parties.
13.2.The Seller, with regard to the records relating to payments by credit card, uses the services of the company Shopify International Limited that adopts technological systems that aim to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
- Applicable law, attempt at conciliation and place of jurisdiction
14.1. Any sales contract concluded between the Seller and the Consumer pursuant to these Conditions will be fully governed and interpreted in accordance with Italian law. In any case, this will not prejudice any rights attributed to Consumers by binding legislative provisions in force in the country of the latter.
14.2. In the event of controversy between the Seller and a Consumer, we guarantee as of now our willingness to attempt friendly conciliation that any Consumer may propose before RisolviOnline, an independent institutional service provided by the Chamber of Arbitration of Milan Chamber of Commerce, which allows a satisfactory agreement to be met, with the help of a neutral, competent arbitrator, in a friendly and safe way on line.For more information on the RisolviOnline regulations or to submit a conciliation request please log in at: www.risolvionline.com.
14.3. As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate independent, impartial, transparent, effective, rapid and fair out-of-court settlement of disputes concerning contractual obligations arising from sales contracts or online services between a consumer residing in the Union and a professional established in the Union through the intervention of an ADR (Alternative Dispute Resolution) body that has joined it, selectable from a special list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller's e-mail address to be indicated on the European ODR Platform is the following: email@example.com
14.4. If you do not adhere to the conciliation attempts referred to in articles 14.2 or 14.3 or if such attempts should have a negative outcome, any dispute that may arise between the Parties in relation to the validity, interpretation, execution and termination of these General Conditions or of each contract of sale will be the exclusive competence of the judge of the place of residence or domicile of the Consumer
Welcome to the site "www.duvetica.com", the official online shop of Duvetica (hereinafter the "Site"). The Site is managed and maintained by Triboo Digitale S.r.l. with registered office in Viale Sarca, 336 - 20126 Milan, Italy, tax code, VAT number and registration number in the Milan Company Register 02912880966 (hereinafter "TD";).
Access to and use of the Site are governed by these General Conditions of Use (hereinafter the "General Conditions"). Access to and use of the Site, as well as the purchase of products, presuppose the reading, knowledge and acceptance of these General Conditions of Use as well as the General Conditions of Sale.
Should you not agree with the General Conditions of Use of the Website, in full or in part, please do not use our Website.
Anyone who accesses and uses the Site implicitly declares not to use the Site for illicit purposes or in any case contrary to the current laws.
TD may modify or simply update, in whole or in part, these General Conditions of Use at any time for reasons of law, modification of the services offered or business needs. The changes and updates of the General Conditions of Use will be notified to the users in the Homepage of the Website as soon as they become applicable, and they will be binding once published on the Website, in this section. Therefore, you should regularly access this section on the web site in order to check the publication of the most recent and updated General Terms and Conditions of Use.
If a clause of these General Conditions of Use is deemed unlawful, null or for any reason ineffective, its invalidity or ineffectiveness will not affect the validity or effectiveness of the remaining provisions.
2 - Content of the website
The access and use of the Website, including the visualisation of the web pages, communication with the Administrator, possibility to download information on products and purchase of said products on the Website, constitute activities carried out by our users, exclusively for personal purposes and not related to any commercial, entrepreneurial and professional activity.
- Limitation of Liability
By accessing the site, you will be the only one liable for the use of the Website and its contents. In fact, TD cannot be deemed liable for the use of the Website and its contents which is not compliant with applicable laws, by any of its users, except in the cases of TD's liability for wilful misconduct and gross negligence. In particular, you will be solely liable for the communication of incorrect or false information and data relating to third parties, without their express consent, as well as regards the improper use thereof.
Finally, considering each item will be downloaded or otherwise obtained through the use of a chosen service at the user's risk, any liability for any damage to computer systems or data loss resulting from the downloading operation is with the user and cannot be imputed to TD. TD declines all responsibility for any damages resulting from inaccessibility to services on the website or from damage caused by viruses, corrupted files, errors, omissions, interruptions of service, deletions of content, problems with the network, providers, or telephone and/or data transmission, unauthorised access, data alteration, or failure and/or malfunction of the user's electronic equipment.
The user is liable for the preservation and use his personal information properly, including the login information that allows to access reserved services, and for any detrimental consequence or prejudice derived to TD or third parties due to improper use, loss, or stealing of said information.
- Intellectual property and industrial rights
All contents, in any format, published on the Site (by way of example and not limited to, texts, catalogues, photographs, illustrations, images, technical drawings, videos, audio, advertising texts, brands, domain names, project designs, even where not protected by patent), including web pages, graphics, colours, schemes, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software that are part of the Site, are protected by copyright and by any other intellectual and industrial property right. The reproduction of the Site and its contents, in whole or in part, in any form, is prohibited without the express written consent of Duvetica and TD and the other holders of the related rights. Duvetica and TD have the exclusive right to authorize or prohibit direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents. With regards to the use of the Website, you are exclusively authorized to:
(i) visualize the Website and its contents;
(ii) perform any other temporary reproduction activity which is not related to any personal economic purpose, considered provisional or additional, and integral and essential activity for the visualization of the Website and its contents;
(iii) any other navigation activity on the Website, performed exclusively in view of a licit use of the same site and its contents.
Any additional reproduction activity shall be authorized by Duvetica and TD from time to time or by the authors of the single works available on the Website, if needed. Said reproduction activities shall be anyhow performed for licit purposes and in compliance with copyrights and all the other intellectual property rights of Duvetica and TD and of the authors of the single works available on the Website. The authors of the single works published on the Website boast the right to claim the legitimacy of their work at any time, and to oppose to any alteration, editing or any other change of the same works, including any act that may cause prejudice to the works, and be detrimental for their image and reputation. You agree to respect the copyright of the artists who have chosen to publish their works on the Site or have cooperated with the Site in the creation of new expressive and artistic works which are intended for publication, even not exclusively on the Site, or, similarly, that form an integral part thereof. Furthermore you are not, in any case, authorized to use, in any way and form, the contents of the website and every single work protected by copyright and by any other intellectual and industrial property right. By way of example, you will not be able to alter or otherwise modify the protected contents and works without the consent of Duvetica and TD and, where necessary, of the individual authors of the works published on the Site.
- Trademarks and domain names
All the distinctive signs that distinguish the products sold and present on the Site are trademarks registered by their respective owners and are used on the Site for the sole purpose of distinguishing, describing and advertising the products for sale on the Site. Any use of these marks that is not compliant with the law and as unauthorized, is prohibited and punishable civilly and criminally. It is in no way permitted to use these trademarks and any other distinctive sign on the Site to take unfair advantage of the distinctive character or renown of these trademarks or in such a way as to prejudice them and their owners.
- Links to third party sites
The Site may contain hypertext links to websites operated by third parties. TD does not control or monitor such Websites or their content. TD is not responsible for the contents of third-party sites made accessible through the Site and the rules adopted by them also with regard to your privacy and the processing of your personal data during browsing operations.
- Disclaimer of liability
TD takes all reasonable measures necessary to ensure that this Site and its contents are free of viruses, malware or other elements that make the Site and/or its contents dangerous, but cannot in any way be held responsible for any damage or prejudice suffered in any way from the user as a result of accessing and using the Site and/or downloading any material for any reason on the Site. TD recommends that the user takes all necessary precautions to protect his equipment when using the Site or its contents, for example by installing reliable antivirus software. TD does not provide any guarantee that the Site or its contents are constantly accessible. TD does not provide any guarantee against any disservices consisting of delays or interruptions in the functioning of the electronic communication services that prevent access or use of the Site. TD reserves the right to suspend, delete, discontinue or modify the Site in whole or in part without notice and without thereby assuming any responsibility towards the user.
- Applicable law and place of jurisdiction
These General Conditions of Use are governed by Italian law and interpreted pursuant to the same and any controversy concerning the existence, validity, efficacy and termination of these General Conditions of Use will be subject to the exclusive jurisdiction of the court of residence or domicile of the consumer/user.
- Referral clause
For anything not covered by these General Conditions, please refer to the General Conditions of Sale, where applicable.
Returns & Refunds
INFORMATION NOTICE ON THE RIGHT OF WITHDRAWAL AND RETURN OF FAULTY AND NON-CONFORMING GOODS
Right of withdrawal
The Consumer is entitled to withdraw from the contract, without stating a reason, within 14 days from when the same, or any appointed third-party (i) receives the product or (ii) if several products on one order are delivered separately, from the date the last product was received.
Customers intending to exercise their right of withdrawal should follow the instructions below:
- Complete the RMA Form included in the packaging used for the product(s) you received and intend to return. Please be reminded that you are not obliged to state the reason you are returning the Product using the reason code on the form chart in order to exercise your right of withdrawal, but this does simplify the management of returned materials on our behalf.
- Pack the product(s) with the original labels, making sure they will not get damaged and insert the completed RMA form inside the packaging before sealing it.
- Stick the prepaid adhesive label found on the RMA Form which contains the details on the returned products and the address of the Triboo Digitale warehouse, making sure you remove the previous labels beforehand.
Ship the package using one of the methods indicated in the RMA Form:
- Book a home pick-up calling the courier's free-phone number , or on the webiste https://wwwapps.ups.com/pickup/schedule
-Deliver the package to one of the drop-off points: https://www.ups.com/dropoff/
The Consumer can monitor the package directly on the courier's website www.ups.com using the tracking number indicated on the RMA Form.
If the RMA is misplaced, the Consumer can contact our Customer Care Service using this email address firstname.lastname@example.org
As an alternative to the above, the Consumer can exercise the right of withdrawal by sending an explicit declaration to Triboo Digitale, using the contact form or email address email@example.com indicating his intention to exercise his right of withdrawal and following the instructions provided in the withdrawal confirmation email you will receive from Triboo Digitale.
In case of withdrawal, the Consumer shall receive a refund for all payments received, including the costs of delivery (with the exception of the supplementary costs resulting from the choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which Triboo Digitale receives the decision to withdraw from this contract. We will carry out such refunds using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. We may withhold the refund until we have received the returned goods or you have supplied evidence of having despatched the goods, whichever is the earliest.
The direct cost of returning the goods will be offered by Duvetica using our courier (UPS).
If the Consumer choose a different courier from UPS, the cost of the service and the potential custom duties will be at the Consumer expense.
Return due to defect or nonconformity
- If the Consumer receives incorrect or damaged products, the same is obliged to report any defects or non-conformities within and no later than 2 (two) months from detection.
- Notwithstanding the above deadlines, it is possible to report defects and non-conformities of the product within the first 14 days from receiving the product sending an email to our Customer Care Service at firstname.lastname@example.org, following the instructions provided on the form itself.
- After 14 days from receiving the products, the Consumer can nevertheless report the defect and/or non-conformity detected within the aforementioned deadline of 2 (two) months from detection, sending an email to our Customer Care Service at email@example.com, following the instructions provided in the same.
- We reserve the right to assess the defects and/or nonconformity you reported and, having carried out quality control tests in order to assess whether the product does not in fact conform, shall respond by email to the address you provided when registering with the site or placing the order. If a defect or nonconformity is detected, the Consumer is entitled to have the product repaired or replaced if specifically requested; if such remedies are not feasible or excessively expensive, and in all other cases foreseen by the law, the Consumer shall receive a refund for the price you paid, using the same payment method used during the initial transaction.
- In the case of returned products for which a defect and/or nonconformity has been detected within the above terms and conditions, we shall pay the shipping costs incurred to return the product and, in the case of a repair or replacement, to return the repaired or replacement product. For further details and information please refer to the general conditions of sale you accepted the moment you purchased the product(s) from our website.
Welcome to the website of Duvetica International s.r.l., present at the URL www.duvetica.com (hereinafter the "Site").
At each access to the Site, even regardless of the purchase of the Products, information and personal data concerning you are collected. For this reason, in accordance with the provisions of European Regulation no. 2016/679 (the "Regulation") and the applicable national legislation, this document was created in order to describe which personal data are collected, the purposes and methods of their processing and the security measures that are adopted to protect them. The Regulation guarantees that the processing of personal data is carried out in compliance with fundamental rights and freedoms, as well as respecting the dignity of the interested party, with particular reference to confidentiality and personal identity.
- Data controller
Duvetica International s.r.l., with registered office in Sestiere San Marco 5369/A, 30124 Venice, Italy (hereinafter "DUVETICA" or the "COMPANY" or the "Owner") is the independent owner of the processing of personal data of users who surf the Site. The owner can be contacted by sending a communication to the following address: firstname.lastname@example.org
The Company has appointed Triboo Digitale s.r.l., with registered office in Viale Sarca, 336, 20126 Milan, Italy, as data controller, limited to the sale of products through the Site. The manager can be contacted by sending a communication to the following address: email@example.com.
- The personal data being processed and the purpose of the processing
We inform you that as a result of browsing the site, different types of personal data will be collected and processed, for different purposes and in different ways. Your personal data may be collected both because they are voluntarily provided by you and automatically when using the Site.
The personal data processed through the Site and the purposes of their treatment are as follows:
(ii) personal data provided voluntarily by the user (name and surname, telephone number, e-mail address, date of birth, country of residence, shipping and billing address, password provided by filling in the form registration etc.), or otherwise conferred during the use of the Site and/or through the interaction with customer care and processed to meet the user's requests and offer the services, assistance and information requested about the products for sale on the Site and more generally for the management of customer relations;
(iii) the personal data provided by the user as part of the product purchase processes on the Site for the conclusion of transactions, for the functional and instrumental activities for the sale and more generally for the management of orders as well as for any necessary pre-assistance and after-sales;
(iv) personal, personal and contact data, processed by the Company - with express consent - for purposes of promotion and advertising, i.e. to send the user (via newsletter, e-mail, sms, mms and smart messages, push notifications, banners, telephone, the Company's official social media pages) information and updates on products, sales, promotional campaigns, events and other initiatives promoted by the Company or its commercial partners;
(v) personal data relating to the purchases made and the preferences expressed through the Site - processed by the Company with the express consent of the user - for purposes of analysing consumer habits, whishlists, browsing, in order to make products, initiatives and the individual commercial proposals that best meet the tastes and needs of the users of the Site;
(vi) personal and contact data communicated by the Company - with express consent - to third parties belonging to the Fashion categories for their own marketing activities.
- Legal reference for processing
The legal references used to process your personal data, according to the purposes indicated in the previous article 2, are as follows:
- Sources of personal data
The personal data collected are provided directly by the user (through registration on the Site or as part of the sales process), except for the navigation data referred to in point 2 (i) above, for the data collected in the event of registration and access via social profile, as indicated in point 2 (ii) above and for the sales data referred to in point 2 (v) above.
- Methods of processing personal data
- Compulsory or optional provision of data
The provision of personal data, in particular master data, e-mail address, postal address, telephone number and bank details (in case of payments by credit card) is necessary with regard to the conclusion of the contract to purchase products through the Site. In case of failure to provide, therefore, it may be impossible to complete the purchase through the Site. Some of the aforementioned personal data may be necessary for the supply of other services rendered on the Site and related to the sale (pre and post-sale services) or to fulfil obligations deriving from laws or regulations (for example tax and regulatory obligations ). Failure to transmit data may therefore constitute a legitimate reason not to execute the contract for the purchase of products on the Site and/or the supply of the services connected to it.
- Recipients of personal data
The personal data of users of the Site, within the limits permitted by law and in accordance with what is indicated below, may be shared with the following subjects:
- subjects who typically act as authorized persons to process personal data, that is: persons, companies or professional firms that provide assistance and advice to the Data Controller in accounting, administrative, legal, tax, financial and credit recovery matters relating to the provision of Services;
- subjects with whom it is necessary to interact for the provision of technical and organizational services connected to the Site (for example logistics services, IT services, customer care services and marketing services);
- subjects delegated to carry out technical maintenance activities (including maintenance of network equipment and electronic communications networks);
- persons authorized to process personal data necessary to carry out activities strictly related to the internal organization of company activities (e.g. .employees of the Data Controller);
- companies of the
Duvetica Group for internal administrative purposes;
- subjects, bodies or authorities to whom it is mandatory to communicate personal data to fulfil any legal obligations, to prevent and/or identify any fraudulent activities or abuses in the use of the Site and therefore allow the Data Controller to protect himself in court;
- third parties in order to execute the contract for the purchase of products on the Site (e.g. credit institutions for the execution of remote electronic payment services by credit / debit card).
Given the international presence of Duvetica, it is possible that your personal data are transferred abroad, even to recipients who are located outside the European Economic Area, for contractual, marketing or IT services purposes. Even in this case, all suitable measures will be taken to ensure maximum data protection. In this regard, transfers will be made through adequate guarantees by adopting / stipulating the necessary standard contractual clauses approved by the European Commission or others.
- Data storage period
We keep your personal data for a limited period of time, which differs depending on the type of activity that involves the processing of your personal data. After this period, your data will be permanently deleted or irreversibly anonymous.
Your personal data is stored are compliance with the terms specified below:
- the personal data collected to conclude and execute the purchase contracts for the products on the Site are kept for a period not exceeding 10 years from the purchase, in compliance with tax and civil legislation and subject to special needs (e.g. to take legal action ) that should result in a storage for a longer time.
- The data provided by the user to request assistance, information and feedback are kept for the time necessary to satisfy the requested feedback and any subsequent activity of any further iteration with the customer necessary to fully manage the request and / problem.
- The personal data provided for marketing and profiling purposes are kept for the period necessary for the specific processing and up to a maximum of 7 years, also in consideration of the interest shown by the customer to receive updates on products.
- Rights of the user regarding his personal data
At any time the user can exercise the rights provided for by the legislation on the processing of personal data.
Below are the rights that the law guarantees to the user:
Right of access: it is the right to know if your personal data is being processed and, if this is confirmed, to obtain a copy of such data and be informed about: the origin of the data; the categories of personal data processed; the recipients of the data; the purposes of the processing; the existence of an automated decision-making process, including profiling; the data retention period; the rights provided for by the Regulations.
Right of rectification: it is the right to obtain the rectification of one's data or to integrate data that are incomplete. We remind you that when the user communicates his data to use our services, he guarantees their truthfulness and accuracy.
Right of deletion: it is the right to request the deletion of personal data if they are no longer necessary for the purpose for which they were collected or if we are no longer authorized to process them.
Right to limitation of processing: it is the right to obtain the limitation of processing in the following cases:
Right to withdraw consent: it is the right to withdraw one's consent in relation to all the processings that are based thereon.
Right to data portability: in the event that we process personal data on the basis of the user's consent or in execution of a contract, or the processing is carried out by automated means, the user can exercise the right to data portability. You may therefore receive the personal data you have communicated in a structured format, commonly used and readable by an automatic device. You may also request to transmit your data directly to another company, provided that this is technically possible.
Right to object: it is the right to object at any time to the processing of your personal data based on our legitimate interest, including profiling.
The rights listed above can be exercised by contacting the Data Controller, by writing to firstname.lastname@example.org.
We also wish to inform the user that, should he believe that the processing of personal data concerning him is carried out in contrast with the provisions of EU Regulation 2016/679, he has the right to lodge a complaint with the competent supervisory authority on data protection. (Guarantor Authority for the Protection of Personal Data).
Pursuant to art. 13 of EU Regulation 2016/679 of 27 April 2016 concerning the protection of individuals with regard to the processing of personal data (hereinafter, the "Regulation"), the data controller is the company Duvetica International s.r.l., Sestiere San Marco 5369/A 30124 Venice, Italy (hereinafter the "Company") which acts in accordance with the provisions of the relevant legislation.
WHAT ARE COOKIES?
Cookies are small text strings sent by the web sites visited by the user to his terminal (usually the browser), where they are stored before being sent back to the same web sites during the next visit by the same user. (so-called first-party cookies). When browsing this Site, the user can also receive cookies from other sites or web servers (so called "third-party cookies"): this is because the site could include elements such as images, maps, sounds, specific links to web pages of other domains found on different servers from the one on which the required page is found. In other words, these are cookies set by a website different from the website currently being visited.
Cookies can have a limited duration to a single browsing session on the browser (s.c. session cookies), and in this case they are automatically deactivated when the user closes the browser; or they may have a predetermined deadline and, in this case, they will remain stored and active on your hard disk until this expiration date, continuing to collect information during different browsing sessions on the browser (so-called persistent cookies).
Cookies are used for different functions. Some are necessary to allow you to browse the site and take advantage of its features (so-called technical cookies). Others are used to obtain statistical information, whether aggregated or not, on the number of users accessing the Site and on how the Website is used (so-called tracking or analytics cookies). Others, finally, are used to track your consumer profile and make you display advertisements on the site that may be interesting for you, as they are consistent with your tastes and your consumption habits (so-called profiling cookies).
For more details on these different categories of cookies read this notice. Learn how they work and what they are necessary for, and choose freely whether to consent to using or preventing them.
FIRST PARTY COOKIES
The Website uses the following types of first-party technical cookies, for whose installation no consent is required from the user but for which the obligation remains, at the care of the Company, to provide adequate information:
(a) Navigation or session cookies: fundamental to allow the user to move normally within our site and to properly use the relative services; they disappear when the browser is closed as they are not stored on the user's computer;
(b) "Functionality cookies: solely for the purpose of improving and speeding up the navigation on the Website, by storing certain choices made by the user (such as language preferences).
These are therefore tools used by the Company to ensure, among other things, efficient navigation, session stability, login permanence throughout the session and the selected navigation country. They also serve to store the choices made by the user regarding the display of some elements of the page, such as information and communication banners.
The use of technical cookies and the related processing does not require the prior consent of the user, in accordance with current regulations.
In any case, the possibility for the latter to prevent at any time the installation of technical cookies through the settings of his browser remains, aware that such a choice could complicate, slow down and sometimes block the navigation on the Site.
The Company acts as data controller exclusively in reference to the first-party cookies installed on the Website.
It is possible that during the navigation of a user on our Website, some cookies are stored on the user's device that are not directly controlled and managed by the Data Controller. This happens, for example, when the user visits a page that includes the contents of a third-party website.
In this regard, please note that the Company does not play any role in the processing of data deriving from this type of cookie, being a simple technical intermediary.
The third-party profiling cookies are used to display customized advertising on the Site and on other websites and their operation is based on the browsing activity of each user. This type of cookie could also be used by third parties to show their products and services on the site.
The Website also uses some types of third-party analytical cookies through which the following information is collected, by way of example:
(a) number of visitors, page views and navigation within the Site;
(b) effectiveness of acquisition campaigns based on the source of web traffic;
(c) details on products displayed and possibly downloaded on the Website.
These cookies, as well as the purposes for which they are used outside the Site, fall under the direct and exclusive responsibility of the third party that installs them on the user's terminal and serve to show to the user advertising in line with his own interests (this is the case of third-party cookies for profiling/retargeting).
If the user wishes not to receive third-party cookies on his terminal, he may at any time, through the links below, access the information and consent forms of these third parties and exclude the receipt thereof.
The following table shows all the cookies on the site, with the evidence of their specific characteristics and, in case of third-party cookies, links to their respective privacy policies, so that the user can consciously decide whether to give consent to their use and which cookies to block or delete.HOW CAN COOKIES BE DISABLED?
On the occasion of the first visit to the Website, the user can accept all cookies by clicking on the "OK" button or on the "X" (closing) button in the banner, or on any element of the web page outside the banner itself.
However, given that most browsers are programmed to accept cookies automatically, the user can choose not to receive them, especially in cases where the third party involved has not correctly provided the possibility of opt-out, accessing the browser settings and disabling their use, according to the procedures described at the following addresses:
For more information about cookies you can connect to the site www.youronlinechoices.com (limited to the services counted by that platform), to get information on how to delete or manage cookies based on the browser used and to set preferences for using those of third parts. www.youronlinechoices.eu/it/
Your Online Choices is an Internet site run by the non-profit association European Interactive Digital Advertising Alliance (EDAA), whose Italian version can be reached at the address www.youronlinechoices.eu/it/, which provides information on behavioural advertising based on profiling cookies (http://www.youronlinechoices.com/it/a-proposito) and allows Internet users to easily oppose (opt-out) the installation of the main profiling cookies installed by advertising operators and used on Internet sites (http://www.youronlinechoices.com/it/le-tue-scelte). Before using this tool, we recommend you to carefully read the general terms and conditions of the Your Online Choices website (http://www.youronlinechoices.com/it/condizioni-generali-di-servizio), frequently asked questions (FAQ) (http://www.youronlinechoices.com/it/faqs) and the user's guide (http://www.youronlinechoices.com/it/help).
To disable analytical cookies and prevent Google Analitycs from collecting data based on your navigation, you can download the browser add-on for deactivating the Google Analytics: https://tools.google.com/dlpage/gaoptout.
We will store the user's cookie preferences through a special technical cookie with the characteristics specified in the table above.
PROCESSING METHODS AND DATA PRESERVATION
As noted in the introduction to this information notice, our company collects and processes certain personal data through cookies it conveys directly on the Site (first-party cookies). The Company acts as the holder of the processing of these data, in compliance with the provisions of the Regulation. The Company will process your data only by electronic means, in a totally automated way and without human mediation. Therefore, the employees and collaborators of the Company will never access the content of your personal data obtained through cookies (within the limits and with the following clarifications), which means that they will never be able to access and/or have direct personal identification information (IPI).
Some of the Company's employees and collaborators, as managers and authorized data processors, may carry out maintenance work on the computer systems that host your data, without ever being able to access their actual content. Personal data may be stored on servers operated by third parties (e.g. computer system suppliers), or may be managed by subjects specializing in online advertising, acting as outside processing managers based on a specif appointment in writing by the Company. The Company informs you that, in compliance with the conditions and guarantees established by the Regulation, your data may be transferred to countries not belonging to the European Economic Area, which may not offer a level of protection of privacy and personal data protection comparable to the one guaranteed by the Italian and European privacy laws, but Duvetica International s.r.l, as the holder, will take the data security in the highest consideration, therefore he will proceed with the management of these transfers with all due caution and guarantees. Your personal data will not be disclosed in any way.
The personal data of users of the Site will be kept for the time strictly necessary to carry out the primary purposes illustrated in this notice, or in any case according to what is necessary for the protection of the rights of both the interests of users and of the Company.
Pursuant to the Regulations, the Company informs that the user can at any time request and obtain access to their data, rectification, updating, as well as request cancellation, transformation into anonymous form, portability, limitation of treatment. The user can also object, at any time, to the processing of their personal data and withdraw the consent previously given.
If the user believes that processing of the data is in breach of the Regulations, he has the right to file a complaint with the Supervisory Authority (in the Member State in which the Data Subject normally resides, in which they work or in which the alleged violation has occurred). The Italian supervisory authority is the Italian Personal Data Protection Authority with offices in Piazza di Monte Citorio no. 121, 00186 - Rome (http://www.garanteprivacy.it/).
The Company is not responsible for updating all links that can be viewed in this Cookies Policy, therefore whenever a link is not functional and/or updated, the Users acknowledge and accept that they must always refer to the document and/or section of the websites referred to by the link.By continuing to browse the website www.duvetica.com , the user gives his consent to the installation of cookies.