Terms and conditions
The term "online sale contract" refers to the sale contract relating to the sale of the Supplier's tangible movable property to the Buyer as part of a remote selling system using electronic tools, organised by the Supplier.
The term "Buyer" refers to the natural person consumer making the purchase, as per this contract, for purposes not related to any commercial or professional activity that he/she may be engaged in.
The term "Supplier" refers to the person who carries out the sale of the goods covered by this contract.
2) Identification of the parties
The goods covered by these general conditions are offered for sale through a system of electronic tools organised by DROP SRL based in Montegranaro (FM), Via Sandro Pertini 1, tax code, VAT number and registration number with the Marche Chamber of Commerce 01383870431. Telephone number: +39.0733.779539, fax: +39.0733.774504, email firstname.lastname@example.org, which manages the savetheduck.it website.
Expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised, and agrees not to engage in commerce with what has been purchased.
3) Purpose and conclusion of the contract
With this contract, respectively, the Supplier sells and the Buyer purchases remotely through electronic tools only the tangible movable property specified and offered for sale on this Website.
The contract between the Supplier and the Buyer is concluded exclusively through the Internet through the Buyer's access to the address of this Website, where, following the procedures indicated, the Buyer formalises a proposal for the purchase of goods offered for sale.
The purchase contract is concluded by means of an irrevocable order by the Buyer with the completion and submission of the order form online, which shall be displayed on the printable order summary web page, which shows the details of the person ordering and the order, the price of the purchased goods and the shipping costs, the methods and terms of payment, the address the goods will be delivered to. When the Supplier receives the order from the Buyer, it will send an email confirming and/or displaying a printable web page confirming and summarising the order, and also containing the data entered by the buyer in the order form. The contract is considered final and effective between the parties only with the execution of the order and the fulfilment thereof through the handing over of the goods to the courier for shipment, with the Supplier having the possibility of rejecting the order up to that point.
Specifically, each order submitted constitutes an offer for the purchase of the Supplier's products. Orders are subject to availability and acceptance by the Supplier, which may, at any time and at its discretion, refuse to accept the Buyer's order, including, for example, in cases where:
- Orders cannot be executed due to an error in the information provided by the Buyer, for example when providing: insufficient or incorrect payment information; incorrect billing information; insufficient or incorrect delivery address information (in this regard, please note that the Supplier does not send products to PO boxes); or misleading information.
- An error occurred on the website related to the products ordered, for example an error related to the price or description of the products as shown on the website.
- The products ordered are no longer available on the website.
- The amount of the order is too high based on a concrete assessment that will be performed on a case-by-case basis at the Supplier's absolute discretion.
In such cases, the Buyer shall be entitled only to a full refund of the price paid and to no further compensation.
If requested, the invoice or sales receipt will be made available by Drop Srl in electronic form.
4) Methods of payment and reimbursement
The Supplier accepts only advance payment for the products ordered by means of major Credit Cards, PayPal, Amazon Pay and Bank Transfer (only for Italy). In the case of payment by Credit Card or PayPal, the credit card data are processed directly by the bank to which the Supplier has entrusted the management of payments, while the PayPal data are managed directly by PayPal. The information is encrypted through the use of state-of-the-art encryption systems that prevent its use by third parties and is sent directly to the bank. The Supplier reserves the right to make a request to the bank that has issued the card about its authenticity and ownership or to PayPal in the event of problems. At the end of such verification, in the event of a positive outcome the procedure will continue to the conclusion of the contract. After receiving the payment, the Supplier shall proceed with the delivery of the order made if there are no further obstacles. Any refund to the Buyer where entitled shall be credited by transferring the payment by Credit Card or PayPal or by Bank Transfer in the case of payment by Bank Transfer as soon as the warehouse informs us that the product has arrived and after checking its conditions, and in any case within 14 working days from the date on which the Supplier has become aware of the notification of return.
5) Delivery times and methods
Order processing times may vary, from the day of the order to a maximum of three working days, within which the invoice or sales receipt will be issued and consequently the order accepted, with the start of its execution. If the Supplier is unable to make the shipment within this period, prompt notice will be given by email to the Buyer, indicating the different period within which the order will be processed.
In any case, the Supplier will fulfil the order and will deliver the products ordered at the latest within thirty (30) days from the date of conclusion of the contract. The fulfilment of the order will result in the shipment thereof, which will take place with the handover of the products ordered to the courier BRT or equivalent for deliveries in Italy, or to the courier DHL or equivalent for deliveries in the rest of the world. Delivery times may vary depending on the country of destination and other factors not directly controllable by the Supplier and not attributable to it.
6) Shipping and delivery costs
The Supplier only ships the goods to Italy, to all the countries of the European Community, to Switzerland and to the United Kingdom.
For shipments destined for EU member countries and Switzerland, the DDP (Delivery Duty Paid) formula will be used: in these destinations the goods will arrive directly at the indicated place of delivery without having to pay any additional sums beyond the shipping costs already paid at the time of order submission, as these costs already include shipping costs and local duties and taxes. The shipping costs will be indicated and calculated in the purchase procedure before the submission of the order by the Buyer, and also contained in the summary web page of the order made.
For shipments to countries outside the European Community (including the United Kingdom), the DAP (Delivery At Place) formula will be used: the courier may present a separate invoice with which they request the payment of the duties and taxes required by local authorities. If the amount of such expenses is known or knowable by the Supplier, at the time of purchase the latter may inform the Buyer of the relative amount or may provide instructions to calculate them. In any case, the Buyer residing in one of these countries is advised to inquire about local taxes and duties before placing an order with the Supplier. Should the Buyer refuse to pay the duties, the costs for returning the package to the Supplier shall always be borne by the Buyer.
7) Supplier responsibility
The risk of loss or damage to the goods entrusted to the courier for shipment remains with the Supplier until the Buyer or a third party designated by him or her materially takes possession of the goods.
All prices of the products displayed and indicated on this Website are expressed in different currencies depending on the country of destination of the goods selected by the Buyer (the country of destination of the goods is automatically set by the system through geolocation of the visitor; the visitor may in any case change the country of destination at any time), constitute a public offer pursuant to art. 1336 of the Italian Civil Code and are inclusive of VAT and any other tax with regard to delivery within the territory of the EU country automatically set by the system or chosen by the Buyer. For shipping costs, taxes and customs duties, please refer to point 6 above. The prices specified for each of the goods offered to the public are valid until the time the order is submitted and are specified on the order summary web page. Therefore, the prices and conditions may be changed by the Supplier at any time, the prices appearing on the order summary web page applying to the Buyer. Moreover, the Supplier reserves the right not to accept and consequently not to fulfil the order for reasons related to pricing errors or other similar reasons. In such cases the Supplier shall refund the sum paid by the Buyer without any further obligation.
9) Product availability
Thanks to its electronic system, the Supplier ensures the processing and fulfilment of orders without delay. If an order exceeds the quantity available in the warehouse, the Supplier shall inform the Purchaser by email if the goods are no longer available for order or what the waiting times are to obtain the chosen goods, asking if he or she intends to confirm the order or not. The Supplier's computer system confirms the entry of the order as soon as possible by sending the user a confirmation by email, which does not produce any legal obligation since it is a simple summary of the order.
10) Limitations of liability
The Supplier assumes no liability for disruptions attributable to force majeure, if the Supplier fails to execute the order within the time specified in the contract. The Supplier may not be held liable with respect to the Buyer, except in the case of wilful misconduct or gross negligence, for disruptions or malfunctions connected to the use of the Internet beyond its control or that of its subcontractors. The Supplier shall also not be liable with respect to damages, losses and costs incurred by the Buyer following failure to perform the contract for reasons not attributable to it, as the Buyer is entitled only to the full reimbursement of the price paid. The Supplier assumes no liability for any fraudulent or unlawful use that may be made by third parties of credit cards at the time of payment for the products purchased if it can demonstrate that it has implemented all possible ordinary precautions at the time and on the basis of ordinary diligence.
11) Liability for defects, proof of damage and indemnifiable damages: the obligations of the supplier
The Supplier may not be deemed liable for the consequences of a defective product if the defect is due to the need to make the product compliant, an imperative legal requirement or a binding measure, or if the state of scientific and technical knowledge at the time when the manufacturer placed the product on the market did not yet make it possible to consider the product defective. No compensation shall be due if the injured party was aware of the product defect and the associated danger and nonetheless voluntarily exposed him or herself to it. In any event, the injured party will need to prove the defect, the damage and the causal link between the defect and the damage. The injured party may request compensation for damages caused by death or bodily injury or the destruction or deterioration of property other than the defective product, provided it is of the type normally intended for private use or consumption and thus primarily used by the injured party. The damage to property pursuant to art. 123 of the Consumer Code shall in any event be indemnifiable only to the extent to which it exceeds the sum of three hundred eighty-seven euros (€387).
12) Warranties and support procedures
For any information, to request assistance or to submit a complaint, the Purchaser may contact the Supplier's Customer Service, by e-mail at email@example.com or by telephone at the following number +39 0239198637.
All Products are covered by the legal warranty for conformity defects, pursuant to Art.128 et seq. italian Legislative Decree no. 206/2005 and subsequent amendments. In order to qualify for the warranty, the Purchaser must keep and present the invoice (or the purchase receipt or delivery note) which they received at the time of delivery.
The Legal Warranty may be claimed for any conformity defects existing at the time of delivery of the product, provided that the defect(s) became apparent within a period of 2 (two) years from delivery of the product. The Customer must report the conformity defect by contacting the Customer Service in the manner specified above, providing an accurate and complete description of the defect(s) or fault(s).
13) Obligations of the Buyer
The Buyer agrees to pay the price of the purchased goods in the times and manner specified in the Contract. Once the online purchase procedure is complete, the Buyer agrees to print and preserve the web page containing the order data. Moreover, the information contained in this contract has already been viewed and accepted by the Buyer, who acknowledges it, since a reference to this web page is shown at the time of the order’s finalisation.
14) Right of withdrawal
The Buyer has the right to withdraw from the stipulated contract without any penalty and without specifying the reason within the term of 14 (fourteen) working days, starting from the day of receipt of the goods.
If the Buyer decides to exercise such right of withdrawal, he or she must notify the seller, who for this purpose shall make available to the Buyer a specific form in the area reserved to the Buyer on this Website. It shall be the responsibility of the Supplier to promptly notify the Buyer of the confirmation of receipt of the declaration of withdrawal.
Returns of custom or personalised items shall not be accepted. The only expenses due from the Buyer for the exercise of the right of withdrawal pursuant to this article are the direct costs of return to the Supplier, which amount to € 18 and which, for the convenience of the Buyer, are deducted from the amount of the refund if the Buyer makes use of the courier made available by the Supplier for the return.
Any customs charges for returns from countries outside the European Community (including the United Kingdom and Switzerland) shall always be borne by the customer.
Once a withdrawal request has been made, the Buyer will receive the return document via e-mail. This should be placed inside the parcel and the shipping label should be attached to the outside. There’s no need to contact the courier to arrange for the pick-up of the package, as it is automatically booked once the return request has been made.
In the portal of our website it is possible to specify a preference for the day the courier picks up the shipment. If no preference is expressed, the courier will pick it up starting from the day following the return request and within three working days thereafter.
If the Buyer wishes to return the product to the Supplier, the returned goods must be sent to the following address: Save the Duck c/o Debby Line - Via Castagnole 24c - 31100 Treviso (TV) - Italy, within 14 (fourteen) working days from the date on which the withdrawal was communicated.
Following the withdrawal, the Supplier shall refund the amount due to the Buyer (equal to the amount paid for the purchase of the product and the shipping costs, without prejudice to any deduction of the shipping costs to the Supplier, as specified above) as soon as the warehouse confirms that the product has arrived, after checking its conditions and in any case within 14 working days from the date on which the Supplier has become aware of the notification of return.
If the Buyer returns the product, the Supplier may withhold the refund until it has received the product or until the Buyer has demonstrated that it has returned the product, whichever is sooner.
15) Contract archiving procedures
Pursuant to article 12 of Italian Legislative Decree 70/03, the Supplier informs the Buyer that every order placed is preserved in digital form on the server hosting the Website according to confidentiality and security criteria.
16) Communications and complaints
Written communications and any complaints directed to the Supplier shall be considered valid only if sent to Drop Srl, Via Sandro Pertini 1, 63812, Montegranaro (FM) - Italy, or sent by fax to +39 0733 774504, or sent by email to firstname.lastname@example.org. In the registration form the Buyer shall specify his or her residence and address, telephone number or email address to which he or she wishes the Supplier's communications to be sent.
17) Settlement of disputes and applicable law
These General Terms and Conditions and the sales contract are entirely governed by Italian law. Conflict of laws and, in any event, private international laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG) adopted in Vienna on 11 April 1980 are excluded.
The mandatory provisions of the law of the country where the customer is habitually resident shall always apply.
The Customer is able to use the platform set up by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the Customer and the Supplier can resolve disputes relating to purchases made online with the assistance of an impartial third party. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
Any dispute that may arise between the Parties in relation to the validity, interpretation, execution and termination of these General Terms and Conditions or of each Contract - if the Customer intends to appeal to the ordinary Judicial Authority - shall fall within the exclusive jurisdiction, at its discretion, of the Court of Fermo or of the Court of the country of residence or domicile of the consumer, if the latter is an EU Member State. The Supplier shall submit any dispute arising under these General Terms and Conditions to the competent Court of the country where the Customer resides, if it is an EU Member State; otherwise it shall be submitted to the Court of Fermo.
18) Duration and effectiveness of the contractual conditions
Confirmation of the order implies the Buyer’s acceptance of these general conditions.
These conditions may be updated or modified directly by uploading the new conditions to this Website. The modification or update shall be valid and effective for orders that have not yet been entered and for which the web page summarising the order has not yet been displayed and printed.