These Terms and Conditions of Sale regulate the supply and sale of products in this Shop duniaalgeriatelier.com (“Shop“).
The products commercialized within the Shop (“Products”) are supplied and sold by Dunia Algeri Atelier S.r.l., with registered office in Via Stendhal n.45, 20144 Milano (MI) – Italy, registered in the Company Register of Milano, No. REA MI – 2077340, VAT IT09234100965, fully paid up share capital Euros 20.000.00, certified e-mail address d.a.atelier@legalmail.it.
The Shop is owned by Dunia Algeri Atelier S.r.l., which is also the owner of the relevant domain name duniaalgeriatelier.com. In this document Dunia Algeri Atelier S.r.l. shall be referred to as “DUNIA ALGERI Atelier”; whilst, in the Shop and in any communications with clients regarding the Shop, Dunia Algeri Atelier S.r.l. shall be referred to as “DUNIA ALGERI Atelier”, which is the distinctive sign under which the company engages in sales on the Shop.
1. SCOPE AND BROWSING ON THE SHOP
1.1 The supply and sale of Products on the Shop represent a distance sales contract regulated by Chapter I, Title III (Section 45 et ss.) of the Legislative Decree 6 September 2005, No. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.
1.2 These Terms and Conditions of Sale apply to all sales carried out by DUNIA ALGERI Atelier on the Shop. The Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall come into force starting from their publication on the Shop, in the “Terms and Conditions of Sale” section. Users are therefore invited to visit the Shop on a regular basis and, prior to any purchase, to read the most recent version of the Terms and Conditions of Sale. In any case, the applicable Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.
1.3 These Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than DUNIA ALGERI Atelier, which are available on the Shop through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user shall check their conditions of sale. DUNIA ALGERI Atelier is not liable for the supply of services and/or the sale of products by these parties. DUNIA ALGERI Atelier does not carry out any checks on and/or monitoring of the websites that can be reached through these links. DUNIA ALGERI Atelier therefore takes no responsibility for the contents of these Shops or for any possible mistakes and/or omissions and/or legal violations by the said websites.
1.4 The user shall carefully read these Terms and Conditions of Sale, made available by DUNIA ALGERI Atelier in the “Terms and Conditions of Sale” section of the Shop and which can be stored and reproduced, as well as other information that DUNIA ALGERI Atelier provides in the Shop, both before and during the purchase procedure. The Shop allows each user to surf the Shop and, upon registration, to make purchases on the Shop.
1.5 These Terms and Conditions of Sale are applicable in all the following countries: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxemburg, Malta, Principauté de Monaco, Netherland, Poland, Portugal, Czech Republic, Slovakia, Slovenia, Romania, Spain, Sweden, Switzerland, United Kingdom and Hungary. Normally, when a user accesses the Shop, the Shop recognizes, through the IP address that the user is using for browsing, the Country of browsing and it automatically matches the relevant section of the Shop. However, it may happen that the Shop does not recognize the user’s IP; in this case, the user will be automatically re-directed to a page including the list of Countries in which the Shop is available (i.e. Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Principauté de Monaco, Netherland, Poland, Portugal, Czech Republic, Slovakia, Slovenia, Romania, Spain, Sweden, Switzerland, United Kingdom, United States of America and Hungary) and the relevant access link (“Choose Your Shop Page”).The user may then choose one of the Countries indicated in the Choose Your Shop Page and continue browsing on the relevant section of the Shop.
If the user has selected a Country other than Italy or the United States of America from the Choose Your Shop Page, or if he is browsing from the section of the Shop related to a Country other than Italy or the United States of America, in case the user wants to make a purchase, the user shall indicate a delivery address located in any of the European Countries listed in the Choose Your Shop Page, but he may not indicate a delivery address located in Italy, San Marino Republic, Vatican City or in the United States of America. On the other hand, if the user has selected Italy or the United States of America in the Choose Your Shop Page or, anyway, if the user is browsing from the related section of the Shop, in case the user wants to make a purchase, he may only indicate a delivery address located, respectively, within the territorial limits of Italy, San Marino Republic, Vatican City or within the territorial limits of the United States of America.
2. PURCHASE ON THE SHOP
2.1 The purchase of Products on the Shop is allowed only to those subjects that:
i. are 18 years old or over;
ii. act in their capacity as consumers, defined as natural persons who, with regard to the purchase of Products, act for purposes unrelated to any business, commercial, professional or craft activities that they may have;
iii. are registered on the Shop in accordance with Article 3 here below.
The user is allowed to purchase more than one Product within the same order (“Multiple Order“).
2.2 Retailers, wholesalers or, in general, all those persons who intend to purchase the Products for the purpose of subsequent resale may under no circumstances make purchases on the Shop. Therefore, it is forbidden to such persons and to all those who are not consumers to register on the Shop and make purchases on the Shop. Those who have not collected the delivery more than twice are not allowed to make purchases on the Shop too. In case of violation of these provisions or in case of orders placed by any person, that are anomalous in relation to the amount of products purchased or the frequency of purchases, DUNIA ALGERI Atelier reserves the right to: (i) terminate the purchase contract, pursuant to Section 1456 of the Italian Civil Code; the user shall be informed by e-mail of the termination of the contract and the Total Sum Due will be refunded pursuant to and in accordance with Article 5.4 below; as well as (ii) undertake all actions required to ensure that such violations cease, including the suspension of the access to the Shop, the cancellation of the registration or the non-acceptance or cancellation of irregular orders.
2.3 Lastly, DUNIA ALGERI Atelier reserves the right to refuse or cancel orders placed by:
i. a user with whom the company has on-going legal disputes;
ii. a user who has previously violated the conditions and/or terms of the purchase contract with DUNIA ALGERI Atelier;
iii. a user who has been involved in fraud of any type and, in particular, in fraud related to credit card payments;
iv. users who have provided false, incomplete or inaccurate identification data.
3. REGISTRATION WITHIN THE SHOP
3.1 The purchase of Products on the Shop may only take place upon registration within the Shop. Registration within the Shop is free and implies acceptance of the Terms and Conditions of Sale applicable from time to time. To register within the Shop, the user must fill out the registration form, entering his/her name, surname, an e-mail address and a password and then clicking on “Create Account”. Confirmation of registration will be sent to the user by e-mail. Each user is entitled to one registration only.
3.2 The registration within the Shop, by opening a personal account called “My Account”, enables the user to:
i. save his/her own addresses;
ii. ii. create and save his/her own “Wish List”;
iii. have access to all the information regarding orders and returns;
iv. monitor the state of the purchase order;
v. manage his/her own personal data and update them at any time.
3.3 The registration credentials (e-mail address and password) enable the user to make purchases on the Shop. They should therefore be preserved with extreme care and attention, can only be used by the user and cannot be transferred to third parties. The user hereby undertakes to keep them secret and to ensure that no third party gains access to them. The user also undertakes to immediately inform DUNIA ALGERI Atelier, via e-mail, at the address set forth in Article 16 below, if he/she has suspicion of or becomes aware of any illegal use or disclosure of the said data.
3.4 The user hereby guarantees that the personal data provided during the registration procedure for the Shop and/or during the purchase procedure are complete and truthful and undertakes to indemnify and hold harmless DUNIA ALGERI Atelier from and against any losses, damages and/or liabilities deriving from and/or in any way connected to the violation by the user of the provisions concerning registration within the Shop or the storage of registration credentials.
4. INFORMATION REQUIRED FOR ENTERING INTO A CONTRACT
4.1 In accordance with Legislative Decree of April 9, 2003, No. 70 containing provisions related to electronic commerce (e-commerce), DUNIA ALGERI Atelier informs the user that:
i. to conclude the purchase contract of one or more Products on the Shop, the user must fill out an order form in electronic format and send it to DUNIA ALGERI Atelier electronically, following the instructions that will appear from time to time on the Shop;
ii. the contract is concluded when the order form reaches the server of DUNIA ALGERI Atelier;
iii. before submitting the order form, the user will be able to identify and correct any possible errors in the inserted data, by following the instructions on the Shop;
iv. once the order form has been submitted and upon confirmation of the validity of the payment instrument used, except for what specified in Article 9.3 and following paragraphs, DUNIA ALGERI Atelier will send to the user, at the indicated e-mail address, the confirmation of the order, containing the following: a summary of the Terms and Conditions of Sale, as well as any particular conditions applicable to the contract, information regarding the main features of the purchased Product, a detailed indication of the price, the form of payment used, the delivery expenses and any additional expenses, as well as information about the right of withdrawal; the general Terms and Conditions of Sale applicable to the order, standard withdrawal instructions and standard withdrawal form, as specified in Article 11 here below, as a PDF file;
v. the order form will be filed in the database of DUNIA ALGERI Atelier for the time required for the completion of the contract and, in any case, according to the procedures and time limits set forth by law. To gain access to his/her order form, the user may consult the “My Account – View Your Order History” section of the Shop.
4.2 English is the language available to users for the conclusion of the contract. Customer Service can communicate with users in the same language.
5. INFORMATION ABOUT THE PRODUCTS
Each Product is accompanied by a product information sheet which illustrates its main features (“Product Page”). The images and descriptions on the Shop reproduce the features of the Products as faithfully as possible. However, the colours of the Products may differ from the actual ones due to the settings of the computer systems or the computers used by users to visualize them. Moreover, the images of the Product in the Product Page may differ in dimension or in relation to possible accessory products. These images must therefore be understood as approximate and with the usual tolerance values. For the purposes of the purchase contract, the description of the Product in the order form transmitted by the user shall govern.
6. PRICES
6.1 All the prices of the Products published on the Shop are expressed in Euros and shall be intended as inclusive of Value Added Tax – IVA. DUNIA ALGERI Atelier reserves the right to change the price of Products at any time, without prior notice, it being understood that the price charged to the user shall be the one indicated on the Shop at the time of placing the order and will not take account of any variations (either increases or decreases) subsequent to the transmission of the said order. In any case, users are hereby informed that, due to various factors, including the business policy of the manufacturer and/or of the brand owner, the price of a certain Product offered for sale on the Shop’s section referred to Italy (included Republic of San Marino and Vatican City) and/or to United States of America may differ from that indicated, for the same Product, in the other sections of the Shop referred to one of the Countries listed in the Choose Your Shop Page.
6.2 If a Product is offered on the Shop at a discounted price, the Product Page shall indicate (i) the full price with respect to which the discount has been calculated and (ii) what this full price corresponds to. It will be understood that the offer of Products at discounted prices shall only take place if the full price of the Product corresponds to the actual market price of the Product.
7. PURCHASE ORDERS
7.1 The Products shall remain the property of DUNIA ALGERI Atelier until the payment of the Total Sum Due by the user is made. If the Total Sum Due is not paid or if the successful outcome of the payment is not confirmed, the purchase contract shall be considered legally terminated pursuant to and in accordance with Section 1456 of the Italian Civil Code. The user shall be informed by e-mail of the contract termination and of the subsequent cancellation of the order.
7.2 DUNIA ALGERI Atelier will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the user. Any risk of loss or damage of the Product(s) which cannot be attributed to DUNIA ALGERI Atelier, will be handed over to the user, when this latter or a third party designated by the user and other than the carrier, will materially come into possession of the Product(s).
8. PAYMENT FORMS
8.1 The payment of the Products purchased on the Shop can be made by PayPal, including the payment method through a PayPal account and the payment method without a PayPal account, by means of one of the credit cards accepted by PayPal.
8.2 During the purchase procedure, after having chosen the form of payment and inserted the data requested by the system, the user will be redirected to the website www.paypal.com where he/she shall make the payment for the Product(s) on the basis of the prescribed procedure regulated by PayPal and subject to the terms and conditions of the contract agreed between the user and PayPal. The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with DUNIA ALGERI Atelier. DUNIA ALGERI Atelier is therefore unable to know, or memorize in any way, the credit card details linked to the user’s PayPal account, or the details of any other form of payment linked to the said account.
8.3 The Total Sum Due will be charged by PayPal to the user at the same time as the conclusion of the online contract. In the event that the contract is terminated or in any other case of refunding, for any reason, the amount of the refund due to the user (“Refund Amount”) shall be credited to the same form of payment used by the user for the purchase. The term for crediting the sum on the relevant payment tool depends exclusively on PayPal and the bank system. Once the credit order has been arranged, DUNIA ALGERI Atelier shall not be deemed liable for any possible delays or omissions in the crediting of the Refund Amount to the user. For any such problems, the user shall directly contact PayPal.
8.4 The invoice will be issued at the moment of shipping. If the user wish to receive a copy of the invoice related to the purchase, he/she may request it via e-mail to the address info@duniaalgeriatelier.com; DUNIA ALGERI Atelier will be then send the invoice to the user via e-mail without undue delay.
9. DELIVERY OF THE PRODUCTS
9.1 Delivery of the Products purchased on the Shop is carried out in all of the following States: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxemburg, Malta, Principauté de Monaco, Netherland, Poland, Portugal, Czech Republic, Slovakia, Slovenia, Romania, Spain, Sweden, Switzerland, United Kingdom and Hungary, at the delivery address indicated by the user in the order form. The user is therefore obliged to insert in the order form a delivery address, which is located within the territory of one of such States. Delivery cannot be made in Ceuta and Melilla (Spain), neither at P.O. Boxes or poste restante; furthermore, when surfing and purchasing from one of the above-mentioned States, the user cannot request that the delivery is made in the territory of Italy, Republic of San Marino, Vatican City or United States of America.
9.2 Any orders placed not in compliance with the above provision shall be cancelled pursuant to and in accordance with Section 1456 of the Italian Civil Code and the Total Sum Due shall be refunded using the procedures and within the terms indicated in the previous Article 5.4, where compatible.
9.3 The user may choose among the following delivery options: (i) free standard delivery, or (ii) express delivery, at a cost of 12.00 euros. The expenses for delivery of the Products, if any, as well as any other possible additional cost, will be borne by the user, except where otherwise stated in the Product Page or in other parts where this is communicated. The amount of such expenses shall be expressly and separately indicated (in Euros and inclusive of VAT) in the Product Page (see “Shipping” link), during the purchase procedure, in the order recap, and, in any case, before the user proceeds with the placement of the order, as well as in the e-mail confirming the order.
In case it is necessary to refund the delivery expenses (if any) due to withdrawal from a Multiple Order, DUNIA ALGERI Atelier will proceed in refunding the cost of said expenses only if the user intends to withdraw the entire Multiple Order; in such case, the cost of the delivery expenses will be fully refunded. Otherwise, the refund will not take place, given to the fact that the delivery fees incurred by the user (which DUNIA ALGERI Atelier always considers as a fixed amount, regardless the number of ordered Products) are attributable to the delivery of other Products, other than those the user has withdrawn, part of the Multiple Order.
If, instead, the refund of the delivery expenses follows the unavailability of one of the Products in the Multiple Order, as regulated in Articles 5.5 and 5.6, or, alternatively, a non-fulfilment case on the part of DUNIA ALGERI Atelier as specified in Article 10.9, DUNIA ALGERI Atelier will proceed in refunding the cost of the delivery expenses effectively paid, by crediting the user the amount of 3.00 euros for each unavailable Product/Product subject to DUNIA ALGERI Atelier’s non-fulfilment. The crediting of such amount will occur as set forth in Article 10.12. In none of these cases, the refundable delivery fee amount shall exceed the sum effectively paid by the user for the delivery of the Products.
9.4 The indicative terms of delivery (also indicated in the Product Page – “Shipping” link) are of 4-5 working days for standard delivery and of 2 working days for express delivery; they are effective from the day after that on which the order is placed. Nonetheless, the effective terms of delivery will be indicated, for each order placed, before the user places the order, in the order recap, and, subsequently, in the e-mail confirming the order. In case of omission of a term of delivery, this will take place, in any case, within thirty days, effective from the day the contract is concluded. The delivery terms are calculated considering only working days and excluding Saturdays, Sundays and holidays.
9.5 At the time of shipping (i.e. the moment the Products are delivered to the carrier), the user shall be sent an e-mail confirming the delivery and containing, if available, a link that will allow him/her to track the delivery. Deliveries shall be made from Mondays to Fridays in normal office hours, excluding national holidays. DUNIA ALGERI Atelier normally avails itself of FedEx courier, but hereby reserves the right to use other carriers and/or to use different forms of delivery.
9.6 The obligation to delivery is fulfilled through the transfer of material availability or, in any case, of the Product(s) control to the user. It is the responsibility of the user to check the conditions of the Product upon delivery. Provided that the risk of loss or damage of Products, not attributable to DUNIA ALGERI Atelier, is transferred to the user when the user or a third party, designated by him/her and other than the carrier, materially comes into possession of the Products, the user is strongly advised to check the state of the packaging and the number of Products received and the user is requested, where possible, to indicate any anomalies in the transport document of the carrier. If the package displays signs of tampering or alteration, the user should immediately communicate this to the Customer Service; it being understood that the regulations regarding the right of withdrawal and legal guarantee of conformity still apply.
9.7 The user takes good notice that collection of the Product is his/her specific obligation deriving from the purchase contract. In the case of non-delivery due to the absence of the consignee at the address specified in the order form, the courier shall leave a notice of passage in the letterbox containing a contact number, in order to agree upon a new delivery access; such access should take place, in any case, within ten working days after the first delivery access. If the second delivery attempt was not possible or if it has failed, the parcel shall be placed in the “unclaimed goods” section. The Customer Service shall therefore send an e-mail to the user in order to unblock the unclaimed parcel and ensure that the parcel is delivered as soon as possible. If necessary, the Customer Service shall arrange with the user a change in the delivery address. If this attempt of contact fails, or the user does not provide to collect the parcel within the agreed terms, or it is not possible to deliver the parcel to the user as provided above, for any reasons not attributable to DUNIA ALGERI Atelier, the Product shall be returned to DUNIA ALGERI Atelier. In any case, after 30 working days from the first attempt of delivery, the contract shall be deemed to be terminated and the purchase order shall be considered cancelled in accordance with Section 1456 of the Italian Civil Code. DUNIA ALGERI Atelier shall therefore proceed, within 15 working days following the termination of the contract, to refund the Total Sum Due paid by the user. The user shall be informed of the termination of the contract and the sum of the refund by e-mail. The refund shall be credited to the same means of payment used by the user for the purchase. Any delays in crediting the amount may depend on the payment method or on the payment service provider used. In any case, the value date of the credited sum shall be the same as the charged sum. If, before the expiry of the thirty days the user asks to receive the Product again, DUNIA ALGERI Atelier shall proceed to arrange for the new delivery, upon charge of the expenses for such delivery, in the event that the user has chosen the express delivery option.
9.8 If the purchased Product is not delivered or its delivery is delayed with respect to the terms of delivery indicated in the Product Page and in the order confirmation, the user, in accordance with Section 61 of the Consumer Code, requests DUNIA ALGERI Atelier to carry out the delivery within an additional time limit suitable to the circumstances (“Additional Time Limit ex Section 61, paragraph III, Consumer Code”). If this additional time limit expires before the Products are delivered, the user is entitled to terminate the contract (“Termination of the Contract ex Section 61, paragraph III, Consumer Code”), without prejudice to the right to damage compensation. The user is unencumbered with granting DUNIA ALGERI Atelier the Additional Time Limit ex Section 61, paragraph III, Consumer Code (“Excluded Cases”) if:
a) DUNIA ALGERI Atelier has expressly refused to deliver Products;
b) The compliance to the delivery time specified during the purchase procedure and in the order confirmation shall be considered essential, considering all the circumstances that have led to entering into the contract;
c) The user has informed DUNIA ALGERI Atelier, before entering into the contract, that the delivery on or before a certain date is to be considered essential.
In the Excluded Cases appendix, if the user does not receive the Products on or before the delivery time indicated during the purchase process and in the order confirmation, the user is entitled to terminate the contract immediately, without prejudice to the damage refund (“Termination of the Contract in Excluded Cases”).
The specification of the Additional Time Limit ex Section 61, paragraph III of the Consumer Code and the notification of the Termination of the Contract ex Section 61, paragraph III, Consumer Code, or Termination of the Contract in Excluded Cases shall be notified by the user to DUNIA ALGERI Atelier to the addresses specified in Article 16 following.
In case of Termination of the Contract ex Section 61, paragraph III, Consumer Code or Termination of the Contract in Excluded Cases, DUNIA ALGERI Atelier will refund the user the Total Sum Due without undue delay. The refund shall occur as specified in Article 10.12 following.
In any case, DUNIA ALGERI Atelier will promptly notify the user via e-mail of the delayed delivery (“Delay Notice E-mail”), simultaneously specifying the new delivery term, if available (“New Delivery Term”) and, in case the user does not proceed in setting the Additional Time Limit ex Section 61, paragraph III of the Consumer Code, or, if the conditions occur, in the Termination of the Contract ex Section 61, paragraph III of the Consumer Code or the Termination of the Contract in Excluded Cases, except in the case the user avails himself/herself of these reliefs and/or the ordinary legal means at disposition and, especially, in Chapter XIV, Title II, Book IV of the Italian Civil Code, DUNIA ALGERI Atelier furtherly undertakes to:
i. In case of delivery with a delay from 1 to 3 working days in respect to the New Delivery Term, offer to the user who has chosen the standard delivery option a coupon, spendable on the Shop, without time limits, of an amount equal to the forfeit sum of 5.00 euros, or refund the user who has chosen the express delivery option the relevant delivery expenses, within 10 working days starting from the New Delivery Term;
ii. In case of delivery with a delay from 4 to 10 working days in respect to the New Delivery Term, allow the user, upon his/her request, to reject the delivery and terminate the contract, with consequent refund of the Total Sum Due, immediately and, anyway, within 10 working days as of the request of termination of the contract; or, as an alternative, in case the user does not intend to terminate the contract, refund the user who has chosen the express delivery option the relevant delivery expenses, within 10 working days as of the request, or offer to the user who has chosen the standard delivery option a coupon, spendable on the Shop, without time limits, of an amount equal to the forfeit sum of 5.00 euros, and, regardless of the user’s choice, offer in any case a coupon, spendable on the Shop, without time limits, of an amount equal to the forfeit sum of 5.00 euros;
iii. If the delay is higher than 10 working days in respect to the New Delivery Term or, in any case, higher than 20 working days in respect to the original delivery date, offer the user, in addition to what expressed in Article 10.8, ii above, the supply of a different Product of equal or higher value, upon payment, in this latter case, of the difference and upon the user’s express acceptance, and, regardless of the user’s choice, offer in any case a coupon, spendable on the Shop, without time limits, of an amount equal to the forfeit sum of 8.00 euros.
9.9 In case of Multiple Orders containing Products which need to be delivered separately, the provision whereof in Article 10.8 above will find independent application for each delivery case. In respect to each delivery and therefore, limited to the Products pertaining the same, the user may proceed in setting the Additional Term ex Section 61, paragraph III of the Consumer Code, the Termination of the Contract ex Section 61, paragraph III of the Consumer Code or the Termination of the Contract in Excluded Cases, if the conditions occur. In this case, DUNIA ALGERI Atelier will refund the user the Partial Sum Due without undue delay. The refund will occur according to what expressed in Article 10.12 following.
In any case, DUNIA ALGERI Atelier will promptly send to the user the Delay Notice E-mail, simultaneously specifying the New Delivery Term, if available, and in case the user does not proceed in setting the Additional Term ex Section 61, paragraph III of the Consumer Code, or, if the conditions occur, the Termination of the Contract ex Section 61, paragraph III of the Consumer Code or the Termination of the Contract in the Excluded Cases, in regard to each delivery and related Products, without prejudice to the possibility for the user to avail himself/herself at any time of these reliefs and/or the ordinary legal means at disposition and, especially, in Chapter XIV, Title II, Book IV of the Italian Civil Code, DUNIA ALGERI Atelier furtherly undertakes to:
i. in case of delivery of one or more Products included in the Multiple Order with a delay from 1 to 3 working days in respect to the New Delivery Term, offer to the user who has chosen the standard delivery option a coupon, spendable on the Shop, without time limits, of an amount equal to the forfeit sum of 5.00 euros, or refund the user who has chosen the express delivery option the relevant delivery expenses (calculated as set forth in Article 10.3, last paragraph above) within 10 working days starting from the New Delivery Term;
ii. in case of delivery of one or more Products included in the Multiple Order with a delay from 4 to 10 working days in respect to the New Delivery Term, allow the user, upon his/her request, to reject the delivery and partially terminate the contract, limited to and in exclusive reference to the Product included in the Multiple Order that has been delivered with delay, with subsequent refund of the sole amount paid by the user for that specific Product, including delivery expenses (calculated as indicated in Article 10.3, last paragraph above) in the event that the user has chosen the express delivery option, immediately and, anyway, within 10 working days as of the request of partial termination of the contract; or, as an alternative, in case the user does not intend to partially terminate the contract, to refund the user – within 10 working days as of the request – the delivery expenses (calculated as indicated in Article 10.3, last paragraph above) in the event that the user has chosen the express delivery option, or offer to the user who has chosen the standard delivery option a coupon, spendable on the Shop, without time limits, of an amount equal to the forfeit sum of 5.00 euros. The termination of the entire Multiple Order shall occur only if the not delivered Product(s) of the Multiple Order is/are considered ancillary in respect to the other Product(s) already delivered on time or to be delivered yet;
iii. if the delay is higher than 10 working days in respect to the New Delivery Term or, in any case, higher than 20 working days in respect to the original delivery date, offer the user, in addition to what expressed in Article 10.9, ii above, the supply of a different Product of equal or higher value, upon payment, in this latter case, of the difference and upon the user’s express acceptance, and, regardless of the user’s choice, offer in any case a coupon, spendable on the Shop, without time limits, of an amount equal to the forfeit sum of 8.00 euros.
9.10 In case of failed sending of the Delay Notice E-mail or failed setting of the same in the New Delivery Term, all terms whereof in Articles 10.8 (i), (ii) and (iii), and 10.9 (i), (ii) and (iii) above will become effective starting from the original delivery date.
9.11 The acceptance of the New Delivery Term and, in the cases whereof in Article 10.8 (ii) and (iii), and 10.9 (ii) and (iii), the user’s choice shall be promptly notified to DUNIA ALGERI Atelier via e-mail to the e-mail address whereof in Article 16 below. In all cases where, pursuant to Articles 10.8 and 10.9 above, a coupon is due to the user, such coupon will be sent to the user via e-mail, without undue delay.
9.12 In all cases whereof Articles 10.8 and 10.9 above where a refund is due to the user, the amount of such refund shall be communicated to the user via e-mail. It will be credited to the user using the same method of payment used by the user for the purchase. Any delays may depend on the payment method used or on the payment service provider. In any case the value date of the re-credited sum shall be the same as the charged sum.
10. RIGHT OF WITHDRAWAL
10.1 The user – who acts as a consumer – has the right to withdraw from the purchase contract of the Product without stating the reason and without incurring in additional costs and expenses other than those indicated in Article 11.6 following, within fourteen calendar days (“Withdrawal Period”). The Withdrawal Period expires after 14 days:
a) in case of a one-Product order, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the Product;
b) in case of a Multiple Order with separate deliveries, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the last Product;
c) in case of an order which includes a Product consisting of parcels or multiple items, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the last parcel or item.
10.2 To exercise the right of withdrawal, the user must inform DUNIA ALGERI Atelier, prior to the expiry of the Withdrawal Period, of his/her decision to withdraw. For this purpose, the user may:
a) use the standard withdrawal form available on the Shop, before the execution of the contract, at the “Right of Withdrawal” link published on each Product Page (“Standard Withdrawal Form”) and attached to the e-mail whereof in Article 4.1, iv above; or
b) present any other declaration in which he/she explicitly states his/her decision of withdrawing from the contract (“Declaration of Withdrawal”).
Furthermore, DUNIA ALGERI Atelier grants the user the option to electronically fill in and submit either the Standard Withdrawal Form or any other unequivocal statement on the website, following the procedure described in the “Account – New Online Return Request” section of the Shop, available once the user has logged-in into his/her Account. In these cases, DUNIA ALGERI Atelier shall communicate to the user an acknowledgement of receipt of such a withdrawal via e-mail without any delay.
10.3 The user has exercised his/her right of withdrawal within the Withdrawal Period if the notice regarding the exercise of the withdrawal right is sent before the Withdrawal Period expiry date. In case the user avails himself/herself of the Declaration of Withdrawal, the consumer is requested to indicate in the Declaration of Withdrawal the order number, the Product(s) for which he/she intends to exercise the right of withdrawal and his/her address. Since the burden of proof concerning the exercise of the withdrawal right before the expiry of the Withdrawal Period falls on the user, this latter might want to avail himself/herself of a durable support when he/she notifies DUNIA ALGERI Atelier his/her withdrawal intentions.
10.4 The user must arrange for the Products to be returned to DUNIA ALGERI Atelier, without undue delay and in any case before 14 calendar days as of the date the user has informed DUNIA ALGERI Atelier of his/her decision to withdraw from the contract, following the procedure set forth in Article 11.5 below, as well as in the standard withdrawal instructions, containing the information on the exercise of the right of withdrawal, that are available on the Shop, before the execution of the contract, at the “Right of Withdrawal” link, published on each Product Page, and attached to the e-mail whereof in Article 4.1, iv above. The term for returning the Product(s) is observed if the user sends the Product(s) before the expiry of the previously mentioned 14-days period. For the purposes of the expiry of the return due date, the Product is considered returned once it is consigned to the carrier whereof in Article 11.5. The return occurs at the expense of and on the responsibility of DUNIA ALGERI Atelier.
10.5 During the period mentioned in Article 11.4 above, the user shall return the Product, suitably protected and wrapped, to the courier (normally, FedEx) indicated by DUNIA ALGERI Atelier, attaching the pre-printed and prepaid label provided to the user together with the Product, in the packaging of the Product. The user may then contact the courier, whose name, contact address and numbers are indicated in the standard withdrawal instructions, in order to arrange the date and place for collecting the parcel. The user will not pay the expenses for returning the Product and will not be liable for the risks of loss or damage of the Product during delivery; the Product return will be at the expense and on the responsibility of DUNIA ALGERI Atelier.
10.6 If the user withdraws from the contract, DUNIA ALGERI Atelier shall proceed in refunding the Total Sum Due paid by the user for the Product, including delivery expenses, without undue delay and any case within and no later than 14 calendar days of the date DUNIA ALGERI Atelier was informed of the user’s decision to withdraw from the contract. The refund amount shall be notified via e-mail; the refund will occur using the same payment method used by the user for the initial transaction, unless the user has agreed otherwise; in any case the user shall not incur in any additional cost following said refund. The value date of the credited sum shall be the same as the charged sum. In case of partial withdrawal for Multiple Orders, the quantification of the delivery expenses to be refunded the user as a result of his/her withdrawal right shall occur as specified in Article 10.3, second paragraph above.
10.7 The user is solely liable only for the value reduction of the goods resulting from the handling of the Product other than that strictly necessary to establish the nature, features and functioning of the Product. The Product shall anyway be kept, handled and examined with ordinary due diligence and returned complete in all its parts, perfectly functioning, equipped with all accessories and illustrative sheets, with the identification tags, seal tags and labels, when present, still attached to the Product, intact and not tampered with, as well as perfectly suitable for the use for which it was intended and without signs of wear or soiling. Furthermore the right of withdrawal finds application the Product in its entirety. Therefore it cannot be exercised in relation to parts and/or accessories of the Product. In case the Product for which the right of withdrawal has been exercised has undergone a reduction in value resulting from the handling of the Product other than that strictly necessary to establish the nature, features and functioning of the Product, the refund sum will be reduced in the amount of the value reduction. DUNIA ALGERI Atelier shall inform the user of this circumstance and of the consequently diminished refund amount within 5 working days of the receipt of the Product, providing the user, in case the refund has already been remitted, the bank account details for the payment, on the part of the user, of the amount due because of the value reduction of the Product.
10.8 If the withdrawal has not been exercised in accordance with the applicable law, it shall not lead to the termination of the contract and, as a consequence, shall not constitute the right to any refund. DUNIA ALGERI Atelier shall inform the user within 5 working days of receiving the Product, rejecting the request for withdrawal. In case the Product has already reached DUNIA ALGERI Atelier, it shall remain at this latter and will be available to the user for collection, which will take place at the expense and under the responsibility of the user himself/herself.
10.9 In case, after pursuant to the applicable law, the right of withdrawal does not apply, this exemption shall be expressly and specifically indicated in the Product Page and, in any case, during the purchase process, before the user proceeds with the placement of the order.
Notice: we inform the user that, pursuant to art. 59, paragraph I, lett. c) of the Italian Consumer Code, the right of withdrawal does not apply to the purchase contract of this item, because it is made on demand. Therefore the user may not exercise the right of withdrawal from such purchase contract, without prejudice to the rights arising from the legal warranty of conformity.
11. LEGAL WARRANTY OF CONFORMITY
11.1 All the Products sold on the Shop are covered by the Legal Warranty of Conformity as provided by Articles 128-135 of the Italian Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”) (“Legal Warranty”).
11.2 TO WHOM IT APPLIES
The Legal Warranty is reserved for consumers. It therefore applies solely to users who have made the purchase on the Shop for purposes other than entrepreneurial, commercial, craft or professional activities possibly carried out.
11.3 WHEN IT APPLIES
The seller (and, therefore, with regard to purchases made on the Shop, DUNIA ALGERI Atelier) is liable vis-à-vis the consumer for any lack of conformity existent at the time of delivery of the product and which shows up within two years of the said delivery. The seller must be informed of the lack of conformity, under penalty of expiration of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it shall be presumed that the lack of conformity that manifest themselves within six months from the delivery of the product already existed at that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, the burden of proof to demonstrate that the lack of conformity already existed at the moment of delivery of the product shall lie with the consumer.
In order to take advantage of the Legal Guarantee, the user must therefore provide proof of the date of the purchase and delivery of the good. It is therefore advisable, to prove the purchase, for the user to request and keep the invoice, as well as the transport document or any other document that certifies the date of the purchase (such as the credit card statement or the bank statement) and the delivery date.
11.4 WHAT IS A LACK OF CONFORMITY?
A lack of conformity exists when the purchased good:
i. is not suitable for performing the function for which goods of the same type are normally used;
ii. does not conform to the description provided by the seller and does not possess the features that the seller presented to the consumer as a sample or model;
iii. does not display the features and performance that are normal for a good of this type, which the consumer could reasonably expect, considering the declarations made in the advertising or on the labelling;
iv. is unsuitable for the specific use desired by the consumer who informed the seller at the time of the completion of the contract, culminating in the seller’s acceptance of the situation.
Consequently, the Legal Warranty does not cover faults or malfunctioning caused by accidental incidents or due to the user’s responsibility or by any use of the product that does not comply with its intended use and/or the information contained in the technical documentation accompanying the product.
11.5 SOLUTIONS AVAILABLE TO THE USER
In case of a lack of conformity reported within the prescribed period, the user is entitled:
i. firstly, to the repair or free replacement of the good, according to preference, unless the requested solution is objectively impossible or excessively expensive with respect to the other one;
ii. secondly (in cases where repair or replacement are impossible or excessively expensive or where repair or replacement have not been made within a reasonable period of time or where the repair or replacement have caused significant inconvenience to the consumer) to the reduction in the price or to the termination of the contract, according to the preference of the user.
The requested solution is excessively expensive if entails unreasonable expenses for the seller compared to alternative solutions, considering (i) the value that the good would have if there was no lack of conformity; (ii) the entity of the lack of conformity; (iii) the possibility that the alternative solution can be achieved without significant inconvenience for the consumer.
11.6 WHAT CAN YOU DO WHEN THERE IS A LACK OF CONFORMITY?
If a product purchased on the Shop, during the period of validity of the Legal Warranty, should display what could be a lack of conformity, the user can contact the Customer Service as indicated in Article 16. The Customer Service department will reply promptly to the communication and inform the user of the next steps that he/she should take, also in order to arrange the product delivery, given the lack reported. The Product which the user claims has a lack of conformity should be sent to DUNIA ALGERI Atelier which will evaluate the existence or otherwise of the claimed defect, following this procedure. The user shall return the Product, suitably protected and wrapped, via the courier indicated by DUNIA ALGERI Atelier and on the date and time agreed with the latter. DUNIA ALGERI Atelier will send to the user, via e-mail, the label to be attached to the parcel and will arrange the collection of the parcel, after having agreed on a date and time with the user. The user shall attach the pre-filled and pre-paid label to the parcel containing the Product to be returned and shall give the parcel to the courier at the date and time agreed with DUNIA ALGERI Atelier. The user will not pay any costs for returning the Product, which are at DUNIA ALGERI Atelier’s expense, and will not be liable for the risks of loss or damage of the Product during delivery; nonetheless, DUNIA ALGERI Atelier reserves the right to charge the user with the expenses for returning the Product, if, as a result of an appropriate verification, the Product proves not to have any lack of conformity.
Moreover, DUNIA ALGERI Atelier reserves the right to ask the user to enclose to his/her request the invoice and/or transport document or any other document that proves the date of purchase and the delivery date.
12. MANUFACTURER’S CONVENTIONAL WARRANTY
12.1 The products sold on the Shop may, according to their nature, be covered by a conventional warranty issued by the manufacturer (“Conventional Warranty”). The user can only assert his/her right to the warranty with the manufacturer. The duration, extension (including geographic extension), conditions and procedures, the types of damage/defects covered and the restrictions of the Conventional Warranty depend on the manufacturer and are indicated in the so-called warranty certificate contained in the product packaging.
The Conventional Warranty has a voluntary nature and does not add to, replace, restrict, prejudice or exclude the Legal Warranty.
13. FLASH SALES AND COMPETITIONS
13.1 DUNIA ALGERI Atelier may organize sale events and flash sales. These sales shall last for a specific and limited period, which will be clearly indicated on the Shop, and may be reserved to certain categories of users registered with the Shop who will be informed of the start of the sale through a special e-mailed invitation. The special conditions that apply to these sales shall be indicated in the Product Page.
13.2 DUNIA ALGERI Atelier may organise competitions and prize draws reserved for users registered with the Shop. The regulations of each competition or prize draw can be consulted in the relevant section of the Shop. If the prizes consist of vouchers or equivalents, they cannot be converted into money.
14. APPLICABLE LAW
14.1 The purchase agreement completed on the Shop is subject to Italian legislation.
14.2 An exception regards users whose normal residence is not in Italy for whom the more favourable and binding laws of the country in which they have their normal residence apply. In particular, with regards to the term for exercising the right of withdrawal, the term for the return of the Products (if this right is exercised), the forms and procedures of communicating the right and the Legal Warranty of Conformity.
14.3 For all disputes arising from the application, execution and interpretation of the Terms and Conditions of Sale, the competent court is the court of the place where the user lives or has chosen to reside.
14.4 The user who is resident in a member state of the European Union other than Italy may also have access, for any dispute arising from the application, execution and interpretation of the Terms and Conditions of Sale, to the European procedure set up for minor disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, rights and expenses, 2,000.00 Euros. The text of the regulation is available for consultation on the website eur-lex.europa.eu.
15. Customer Service and Complaints
15.1 The user may request information, send communications, ask for assistance or submit complaints by contacting DUNIA ALGERI Atelier Customer Service (“Customer Service”) in the following ways:
DUNIA ALGERI Atelier will deal with complaints, via e-mail, within five days of receipt of the same.
