1. PRECONDITION/ GENERAL TERMS OF SALE FOR ONLINE PURCHASES ON DIFFMADE.COM
The present terms rule the offer and the products’ sell on the website WWW.DIFFMADE.COM. The Products branded DIFF DESIGN (from now on “The Products”) are property of and directly sold by: doc. Maurizio Olivieri (from now on “DIFF”), VAT number 12973071009 legal residence at via Caresana 32, 01666 Rome, by means of the internet platform of his exclusive ownership diffmade.com (from now on “The Website”). The present sale conditions are processed in accordance with the Italian law and, in particular, with the Legislative Decree n.206 of the 6th September 2005 (“Codice di Consumo” section II artt.50-67).
For the validation of the shown information, under Art.4 comma 1 of the Legislative Decree 185/99 of the art. 12 of the Dec Leg 9th April 2003 n.70, the client shall print or save on a computer device both these pages and those related to the Order.
Furthermore, the client declares it has the juridical capability of commitment according to these general terms.
The present conditions of sale rule the relationship with the client and are aimed to the Products’ sell and will be effective till they will be modified by the Vendor and the possible modifications will be effective from the moment of publication on the Website and will refer to the new sales.
1. INFORMATTION ABOUT THE PRODUCTS
The Products with prices, codes, pictures and technical description, present on this Website, represent a public offer and its conditions are applicable exclusively for all the purchases made on this website. For each product will be also shown on the technical file the company or the Diff’s partner that has realized it. Furthermore, will be highlighted the estimate delivery time, mainly related to the handmade production standard lead-time of the companies. The product may vary from the published pictures shown on the technical file; as Diff reserves both the right to improve upon the product and because of its handmade nature, the final measures may have small variations compared with those specified and the final product and may have small imperfections due to the handmade nature of the product itself.
1. THE PRICE
All the selling prices of the products shown inside the website are in Euro and comprehensive of VAT and any other tax. Diff has the right to change the sale price in any time. The price’s modifications don’t have effect on those products already purchased by the client. The price is manifested on the website at the moment of the order. The shipping cost will be evident in the purchase form; in case of a delivery in a foreign Country different from Italy, the other supplementary costs, due to levy and taxes of the Country of destination, will be on the Client.
The purchase contract is refined when the form, attached in the products’ page after clicking on the icon “BUY”, which is not binding and has only the value of showing us the client’s interest in buying the item, has been filled and sent; at a later stage with the purchase agreement, reflected through the approval of the order sent for confirmation by Diff, following the client’s request, who after that will accept this form, according to these fixed terms and conditions.
The form has all the necessary data to brightly drive the purchase: personal data, quantity and description of the order, costs, payment methods, terms of delivery. Once the form is accepted and confirmed, by sending an email of confirmation, and the payment is taken according to all the procedures listed in the chapter 5, Diff will proceed with the carrying out of the order in the times stated in the chapter 8. Then the order procedure is completed correctly if the Website doesn’t show an error message. For the buyer, the order is concluded at the moment of the confirmation as above-mentioned, meanwhile for Diff the order is effective once the payment is received. Diff will send the payment confirmation to the client. The client shall check the data filled in the order form and to communicate any correction to do. Any cost increase due to errors in the data will be on the client. The order number sent by Diff should be used by the client in any communication with him.
Printing and saving the confirmation email sent by Diff is recommended as a receipt. Diff will not be responsible for a missed delivery due to a wrong data compilation by the Client.
Diff reserves to accept the order just after checking the availability of the product and the delivery possibility in the area requested by the client. Any inability will be communicated as son as possible.
1. PAYMENT METHODS
The client that intend to purchase a product, must show its interest with a request directly in the website, in the apposite section, where, following the procedures, will send its request and the order form sent by Diff; after that the client will carry out the payment. The payment is at the moment of the order. In case of a missed reception of the payment, Diff will be entitled to cancel the order.
The client will carry out the payment with a bank transfer. The client has 72 hours of time from the moment of the order to carry out the bank transfer according to the above-mentioned procedures. If the bank transfer will not take place within the terms or is not credited in the Diff’s bank account in 10 days, Diff has the right to cancel the order. All the orders made through bank transfer, will be proceeded right after the payment reception and the delivery time will start also from this moment.
It’s possible, just whenever Diff consider worthwhile, that a discount rate will be offered for a limited period of time and for particular orders’requests.
The invoice will be carry out after the payment’s receipt; one copy will be sent via mail to the client, the other will arrive with the shipping.
1. TRANSPORT AND DELIVERY
The shipping charges cost 14,00€ above all Italy, excluded Sicily, Sardinia, Calabria and the minor islands, which have an amount of 18,00€, and on demand for principal european countries. These costs are for the single product, for different amounts, the final shipping charge will be communicated in the order form. If not specified by the client, the delivery will be prosecuted outside the building. The transport doesn’t include the delivery at the floor, the assembly of the item and the disposal of waste. In any case, the client is responsible for checking the dimensions of the item that should fit in the space of the final destination; the client is also responsible to check, in case of a floor delivery, all the measures of the stairs/elevator and of the doors. Any additional cost for these reasons will be on the client.
Some Diff products, in order to restrict the delivery costs for the client, are not totally assembled and Diff will provide all the instructions for the assembly, if necessary.
The client’s presence is required for the delivery; in case of a missed delivery, caused by the absence of the client, the product will be warehoused and the courier will try another delivery. After the third delivery try, the courier will carry out a stock notice. The warehousing has a cost for the client, based on the number of days the item will stay in the warehouse.
At the delivery, the client has to check if the number of the items perfectly match with what’s written in the document of transport and also has to check if the package is intact and not damaged. The shipping note, with the date and the client’s sign, is the document that certifies the effective delivery. Any eventual damage to the package and/or to the product or the missed match with the number of the items must be immediately notified in the shipping note to the courier. Signing the shipping note is the Client declaration of a perfect delivery and the items are intact. Diff will not be responsible for a missed delivery or for any damage or imperfection caused by the courier and/or due to force majeure.
The delivery terms are of 10-20 working days, but in any case the timing is indicative and could vary according to the number of the Products and the capabilities of the artisan. Diff will communicate the delivery terms in the order form and will do the best to respect them. Once the products are sent, the client will receive a track code that could be used to follow the expedition, according to the delivery company rules.
The Products are guaranteed for a period of 24 months for any lack of compliance, as ruled by the legislative decree 24/02. For the purposes of the warranty’s activation, the Client must show the sales receipt. In this case printing the confirmation order is enough.
This warranty is valid only with reference to those products with lack of compliance, as long as the product is used for the appropriate use destination. The warranty is valid only towards to the Client “consumer”, according to the decree above-mentioned, in other words towards to whom purchase the goods for scopes different from its own professional activity.
The Diff Products are made by small Italian artisan companies, with first quality raw materials and environmental green. Any irregularity of colour, thickness and lines are due to the manufacturing production and to the naturalness of the materials; those are not a deficiency, but testify the uniqueness of the handmade products in line with the naturalness of the materials.
In case of a verified deficiency, not caused by the artisanal nature, Diff will provide, without any expense for the Client, to the restoration or the substitution of the product. Whether the deficiency is not a lack of compliance, all the costs, included those of the transports will be on the Client. Diff once contacted the artisan will communicate the restoration/substitutions time. Diff will not pay for any further expense caused by a delay in restoration/substitution of the item.
1. RIGHT OF WITHDRAWAL
In accordance with the legislative decree 206/2005, the consumer could rescind from the order within 14 days, starting from the delivery completed. The right of withdrawal exercises with a written communication that shall be sent with a certified mail with return receipt requested to Maurizio Olivieri, via Caresana 32, 00166 Rome-Italy, anticipated with a previous email to firstname.lastname@example.org .
The communication must have the order number of the product from which the client rescind, the product to give back, and the modality of the restitution of the amount paid for the item. The good’s restitution must take place with the courier within maximum 5 days from the written communication of recession. Diff will refund the client the entire amount within 14 working days, starting from the communication received. For the total refund by Diff, the product must me returned intact and in the original box. Whether the product has damages that mine its value, the client will be responsible for that. In this case Diff will prosecute a partial refund. The right of withdrawal entail that the expedition charges are on the Client, according to the law.
It is not possible to have the right of withdrawal for customized products. Diff could ask for a refund in case of the restitution of products with damages or used without attention.
Once the written communication is received, there is no other obligation between the parts, except from the law disposals.
The sales contract between the Client and Diff is settled in Italy and ruled by the Italian Law.
1 VOLUNTARY PERSONAL DATA ENTRY
The user is free to enter its personal data through the contact form, to have information on the products or to start/conclude a purchase. These information are collected and treated by Diff just for the specified purposes.
The user is free to submit the personal data to require the services offered by Diff. The missed data entry could lead to impossibility to obtain the service required. The user, approving the registration, declares that the data submitted are real and will take charge of it.
1 THE OWNER
The data owner is Maurizio Olivieri,via Caresana 32, 00166 Rome-Italy; email email@example.com
1 DATA TREATMENT
The owner of the website undertake to safe all the data submitted and to adopt any adequate measure of safety to protect these data from any loss, abuse or modification not authorized. The data could be communicated to people entitled to the realization of the final service.