General terms and conditions of sale
Scope of application
Les présentes conditions générales de vente s'appliquent à toutes les ventes de produits conclues à distance via le site www.amomadesign.com. Les présentes conditions générales de vente à distance doivent être examinées attentivement par le Client avant de compléter la procédure d'achat du produit à distance. Il est entendu que le fait de passer une commande d'achat par le biais de ce site web implique la connaissance totale et absolue des présentes conditions générales de vente et leur pleine acceptation. Le Client, en passant un ordre d'achat à travers le site www.amomadesign.com. accepte inconditionnellement et s'engage à respecter les présentes conditions générales de vente, ainsi que les conditions de paiement illustrées ci-dessous, en déclarant qu'il a lu et accepté toutes les informations qui lui ont été fournies. Les présentes conditions générales de vente sont considérées comme applicables et en vigueur tant qu'elles sont publiées sur ce site web. Toute modification des conditions générales de vente en question sera publiée sur le site et les nouvelles conditions générales de vente ne seront applicables qu'aux commandes passées à partir du jour de leur...
Identification of the seller and site owner
Dwelli Srls Via della Vittoria 12 - 70014 Conversano (BA) Italia
P.IVA 08060730721 - Phone: +39 3393540030 - Mail Address: info@amomadesign.com
Product-related information
The information on products susceptible to distance selling through this website is provided in accordance with the laws in force and, in particular, articles 52 and 53 of the Consumer Code (Legislative Decree No. 206 of September 6, 2005).
Ways to finalize the contract
This information and the details contained in this website do not constitute an offer to sell, but rather an invitation to contract. No contract will exist between the Client and DWELLI with respect to any products until the order has been explicitly accepted by DWELLI in one of the ways described below. In the event that the offer is not accepted and a charge has already been made to the Client's account, the relevant amount will be returned to the Client in its entirety. To place an order, the Customer must follow the online purchase process and complete the process. Subsequently, he/she will receive an email indicating that the order has been received. This will not imply acceptance of the order, as the order constitutes an offer that the Client makes to DWELLI to purchase one or more products. All orders, with exceptions, will be subject to DWELLI's approval by sending a confirmation email within 2 (two) business days after receipt of payment, indicating receipt of payment, product availability, and that the order is being prepared. Therefore, the contract between DWELLI and the Client will be finalized only when we send the Order Confirmation (and only the products indicated in that confirmation email will be the subject of the Contract) or when the Client has received from the Forwarder the package related to the order received (and only the products in the package will be the subject of the Contract). DWELLI shall have no obligation to supply any products, other than those indicated in the Order Confirmation to the Customer or present in the relevant package received from the Forwarder, which may have been the subject of the order, until the Order Confirmation is sent to the Customer of the same in a separate Order Confirmation. If any products are found to be missing in the Order Confirmation or in the related parcel received from the Forwarder, and such fact is DWELLI's decision, the relevant amount will be immediately refunded. DWELLI reserves the right to notify within 2 working days after sending the Customer the email indicating the successful receipt of the order, the possible inability to process the order itself, which will be followed by the simultaneous possible refund of any amount paid, due to the supervening exhaustion of goods or force majeure.
Product price
Website prices include VAT at 22% and include shipping costs for the Italian territory, except where otherwise indicated. Shipping costs related to countries other than Italy will be appropriately indicated in the product sheet or during the purchase phase, before the conclusion of the order. In accordance with the provisions of Article 53 of the Consumer Code, the Customer receives, at the time of acceptance by DWELLI of its order by email, written confirmation containing information about the products ordered, the amount paid and details of the price of each product.
Terms and methods of payment
Payment by the Client may be made only by bank transfer, payment card or PayPal account. Bank Transfer provides for the advance payment of the full amount to the bank account in DWELLI's name within 6 days after DWELLI approves the order. If the transfer is not received within 6 days, the order will be cancelled. Upon receipt of the bank account transfer, DWELLI will send the goods to the address indicated in the order.
The data for the transfer are:
Payee: Dwelli SRLS
IBAN: IT65Q0301503200000003622232
BIC SWIFT: FEBIITM1
Bank: BANCA FINECO - Piazza Durante 11 - 20131 - Milan
Causal: Order Number
Credit Card payments will be made through the secure PayPal gateway. The Customer will have to enter their credit card details and confirm the transaction, which will be immediate. DWELLI will not have access to the customer's credit card information in any way. All credit/debit card holders are subject to confirmation and authorization checks by the card issuing institution or DWELLI itself. If the Customer's card-issuing institution refuses to authorize payment, DWELLI will not accept the order and will not be responsible for any delays or non-deliveries or obligated to give an explanation of the reasons for the refusal. DWELLI will not be responsible for any fees charged by the card issuer or bank responsible for processing your credit/debit card payment in accordance with your order. Upon successful payment DWELLI will process the order, then eventually the order will be confirmed via the Confirmation email, whereby the goods will be shipped to the address indicated in the order. PayPal payments require the possession of a PayPal account. The Customer must enter his/her email and password related to the PayPal account to access and confirm the immediate transaction via PayPal.
Delivery
Delivery of the products is made to the shipping address indicated by the Client in the order submitted to DWELLI. In compliance with the provision contained in Article 54 of the Consumer Code, DWELLI will make delivery of the products no later than 30 days from the day DWELLI confirmed the Customer's order. DWELLI delivers the products by express courier. Upon delivery of the package to the courier, an email of successful shipment will be forwarded to the Client, with exceptions. Upon receipt of the package, the Customer must imperatively affix the inscription "Sign with reservation", by doing so we may enforce insurance in case of damage to the contents of the package. In the event that the Client detects damage to the contents of the package, the Client must notify DWELLI within 72 working hours after the delivery date, via the email box info@amomadesign.com indicating in the subject line "Order Number N Damaged". The Client must notify DWELLI of non-delivery of the products, via the e-mail box info@amomadesign.com indicating in the subject line "Order number N Non-delivery". DWELLI undertakes to ensure a new shipment of the lost products within 72 working hours after the notification by appropriate email, subject to the unavailability of the same or force majeure. In this case, it will follow the immediate cancellation of the order and the simultaneous refund of the amount paid.
Limitation of liability
DWELLI will replace free of charge or refund any product sold that was damaged during shipment by its shipper, provided that:
- the Customer has notified DWELLI in writing at info@amomadesign.com (indicating in the subject line "Order Number N Returned for Damage") of the damage within 72 business hours after the date of delivery;
- the Client makes the product in question available to DWELLI, together with the original packaging.
If even one of the above conditions is not met, DWELLI will not re-credit the amount paid, nor will it replace the product. DWELLI, in this case, will communicate via email the rejection of the return.
Major force
DWELLI's performance may be suspended in the event of the occurrence of a fortuitous event or force majeure that prevents or delays its performance. Strikes, earthquakes, floods, tsunamis, snowstorms, and DWELLI's supply problems attributable to third-party suppliers and non-suppliers shall be considered as such. DWELLI will notify the Client of the occurrence of the unforeseeable event or force majeure within 7 days of its occurrence. In the event that the suspension of service should extend for a period longer than 15 days, the Client will have the option to cancel the order placed and will be refunded the amounts already paid.
Right of withdrawal
As required by the Consumer Law, the Customer may request the return of the goods within 14 days of receipt. To do so, he must send a written notice by email to info@amomadesign.com, then arrange to ship the goods, at his own expense, to DWELLI within 14 days of the notice. Upon receipt of the goods DWELLI will check the integrity of the same and refund within 14 days via the same payment method used by the Customer at the time of purchase. If the goods are damaged, ruined, used, missing accessories or otherwise not resalable, DWELLI will refund the Customer only a portion of the total, in proportion to the damage. The Right of withdrawal is not valid for customized product or in case of purchase by Professionals.
Guarantees
All products sold by DWELLI are covered by the conventional manufacturer's warranty and 24-month warranty for conformity defects, according to DL 24/02. To benefit from warranty service, the Customer must keep the invoice (or the DDT) that he/she will receive by e-mail or by mail. The manufacturer's conventional warranty is provided in the manner illustrated in the documentation inside the product packaging. If, following intervention by an Authorized Service Center, the defect turns out not to be covered by the conventional manufacturer's warranty, the Customer will be charged for any costs of verification and restoration required by the Authorized Service Center, as well as transportation costs, if incurred by DWELLI. The 24-month warranty under DL 24/02 applies to the product that presents a lack of conformity, provided that the product itself is used correctly, in accordance with its intended use and as provided in the attached technical documentation. This warranty is reserved for the Private Consumer (a natural person who purchases the goods for purposes not related to his professional activity, or makes the purchase without indicating in the order form a reference of VAT). In case of lack of conformity, DWELLI will provide, at no cost to the Customer, the restoration of conformity of the product by repair / replacement or reduction of the price, until the termination of the contract. If, following intervention by an Authorized Service Center, the defect does not prove to be a lack of conformity under DL 24/02, the Customer will be charged for any costs of verification and restoration required by the Authorized Service, as well as the costs of transportation if incurred by DWELLI. Replacements in case of DOA (Dead On Arrival: product not working on delivery) occur only if expressly provided for by the manufacturer. The timing of replacement or eventual repair of the product depends solely on the manufacturer's policies. In the event that, for any reason, it is unable to return to its customer a product under warranty (restored or replaced), DWELLI may proceed at its own discretion to refund the full amount paid or replace it with a product of equal or superior characteristics. No damages may be claimed from DWELLI for any delays in making repairs or replacements. In cases where the application of warranties provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, etc. ...).
Privacy
The personal data requested when placing the order are collected and processed in order to meet the expressed requirements of the Customer and will not be under any circumstances and for any reason transferred to third parties. DWELLI guarantees its customers compliance with the regulations on the processing of personal data, governed by the Privacy Code under DL 196 of 30.06.03. Owner of the data processing is Dwelli Srls.
For further details on Privacy please refer to the specific section Privacy and Cookie Policy.
Applicable law and jurisdiction
These general conditions of sale are governed by Italian law. In the event of disputes arising from the interpretation, validity and/or execution of these general conditions of sale, the Customer has the right to protect its interests through a consumer association in the forms of Article 140 of the Consumer Code, or initiate an out-of-court settlement procedure for the resolution of consumer disputes under Article 141 of the Consumer Code. It is in any case without prejudice to the Customer's right to take ordinary action to resolve disputes arising from the interpretation, validity and/or execution of these general conditions of sale and in this case the territorial jurisdiction will be that of the judge of the Court of Bari.