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These Terms and Conditions of Sale (hereinafter, "Terms") govern the sale of products carried out through the website daponte.biz, owned by D'Aponte S.a.s. (hereinafter, the "Seller" or "Supplier"). The Terms must be read carefully before completing any purchase. Sending the order implies full acceptance of the Terms.
1. Definitions
- Buyer / Consumer: the natural person who makes the purchase for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out (Art. 3, paragraph 1, letter a) of the Consumer Code).
- Supplier / Seller: D'Aponte S.a.s., identified as per Article 2.
- Distance Contract: the contract concluded between the Supplier and the Buyer through the website daponte.biz, pursuant to Chapter I, Title III, Part III of the Consumer Code.
- Consumer Code: Legislative Decree of September 6, 2005, No. 206 and subsequent amendments.
2. Identification of the Supplier
D'Aponte S.a.s.
Registered office: Via Casarea 15/19, 80013 Casalnuovo di Napoli (NA)
VAT ID: 05941211210 — Fiscal Code: 05941211210
Registered in the Register of Companies of Naples — REA: NA-785384
Email: info@daponte.biz — Certified Email (PEC): daponte.sas@pec.it — Tel: +39 081 522 99 14
Website: daponte.biz
3. Object of the Contract
The Supplier sells and the Buyer purchases at a distance, through the website daponte.biz, the goods offered for sale. The essential characteristics of the products, the total price inclusive of VAT, delivery expenses, and any other additional costs are specified in the product sheet and summarized before the confirmation of the order, pursuant to Article 49 of the Consumer Code.
4. Conclusion of the Contract
The order submitted by the Buyer constitutes a contractual proposal. The contract is finalized with the written confirmation of the order sent by the Supplier via email to the address provided by the Buyer. The Supplier reserves the right to refuse the order, notifying the Buyer, in the following cases:
- unavailability of the product;
- manifest error in the price or description of the product;
- incomplete or incorrect payment, billing, or delivery information;
- suspicion of fraudulent use of payment instruments.
In such cases, the Buyer will be entitled to a full refund of any amount already paid.
5. Prices
All prices indicated on the website are expressed in Euros and are inclusive of VAT. Any shipping costs are indicated separately in the cart before order confirmation. For non-EU shipments, any customs duties and taxes are the responsibility of the Buyer. Prices may be changed at any time, but the prices indicated at the time the order is sent shall prevail.
In the event of a price reduction announcement, alongside the discounted price, the lowest price applied during the 30 days prior to the application of the reduction is also indicated, pursuant to Article 17-bis of the Consumer Code, introduced by Legislative Decree 26/2023 in transposition of Directive (EU) 2019/2161 ("Omnibus").
6. Terms of Payment
The accepted payment methods are listed on the dedicated page "Payment Methods". Credit card and wallet transactions are managed by PCI-DSS certified providers. The Supplier does not receive or store card details.
7. Processing and Shipping Times
Orders are processed within 24/48 working hours from the payment confirmation. The methods, delivery times, and couriers used are detailed on the page "Shipping and Delivery". Pursuant to Article 61 of the Consumer Code, the maximum delivery term is set at 30 days from the conclusion of the contract, unless agreed otherwise.
8. Risk of Loss or Damage
Pursuant to Article 63 of the Consumer Code, the risk of loss or damage to the goods is transferred to the Buyer only at the moment when the latter (or a third party designated by them, other than the carrier) takes physical possession of the goods. In the event of a package visibly damaged upon delivery, the Buyer is invited to reject it or accept it with reservations, immediately reporting the circumstance to the Supplier.
9. Right of Withdrawal
The consumer Buyer has the right to withdraw from the contract within 14 days from the delivery date of the product, without any penalty and without specifying the reason (Articles 52 et seq. of the Consumer Code). To exercise the withdrawal, they can:
- use the online withdrawal function provided by Article 54-bis of the Consumer Code, through the «Withdraw from the contract here» button present in the order area and in the footer of each page of the website, which leads to the page daponte.biz/diritto-recesso;
- send any explicit declaration to the email address info@daponte.biz.
The complete procedure, conditions, and exclusions (Art. 59 of the Consumer Code) are described on the page "Returns and Refunds". The refund, including standard delivery costs, will be made within 14 days of receiving the withdrawal notice, with suspension until the goods are received or proof of shipment is provided.
10. Legal Guarantee of Conformity
The products sold benefit from the 24-month legal guarantee of conformity provided for by Articles 128 et seq. of the Consumer Code, as amended by Legislative Decree 170/2021 (transposition of EU Directive 2019/771). In case of lack of conformity:
- the consumer is entitled, at their choice, to have the conformity restored by repair or replacement, free of charge and within a reasonable timeframe;
- if restoration is impossible or excessively burdensome, they are entitled to a price reduction or termination of the contract;
- a lack of conformity that manifests itself within 1 year from delivery is presumed to have existed at that date, unless proven otherwise;
- there is no obligation to report the defect within a preset deadline, and the action prescribes in 26 months from the delivery of the goods.
To activate the guarantee, contact info@daponte.biz attaching proof of purchase, photos of the defect, and a description of the problem.
11. Limitation of Liability
The Supplier is not liable for disruptions attributable to force majeure or accidental events, nor for indirect or consequential damages resulting from delays or failure to perform not attributable to him. These limitations do not apply in cases of willful misconduct or gross negligence, nor do they reduce the mandatory rights recognized to consumers by law.
12. Processing of Personal Data
The processing of the Buyer's personal data is governed by the Privacy Policy, drafted in compliance with EU Regulation 2016/679 (GDPR) and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018.
13. Complaints and Communications
Any formal complaint or communication must be sent to info@daponte.biz or via registered mail with return receipt (raccomandata A/R) to the registered office indicated in Article 2.
14. Alternative Dispute Resolution (ADR)
Pursuant to Articles 141 et seq. of the Consumer Code, for the out-of-court settlement of disputes, the consumer may contact accredited ADR bodies and conciliation procedures (Chambers of Commerce, bodies listed in the register of the Ministry of Enterprises and Made in Italy) or, for cross-border disputes in the EU, the European Consumer Centre (ECC-Net Italy), ecc-netitalia.it. Recourse to these procedures is optional and does not preclude legal action.
15. Applicable Law and Jurisdiction
These Terms are governed by Italian law. For any dispute, pursuant to Article 66-bis of the Consumer Code, the court of the place of residence or elective domicile of the consumer has exclusive jurisdiction, provided it is located within the Italian territory.
16. Amendments
The Supplier reserves the right to modify these Terms at any time. The changes are effective from their publication on the website and apply to contracts concluded after their publication. The Terms in force at the time the order is sent shall always prevail.