TERMS AND CONDITIONS
ENERAL TERMS AND CONDITIONS OF SALE
1. Scope of application
1.1 The present terms and conditions of online sale (“General Terms and Conditions”) apply to all sales contracts entered into between “Drop Srl” (with registered office at Via Sandro Pertini n.1, Montegranaro (FM), 63812, with tax code and VAT number 01383870431, hereinafter “Drop” or the “Seller”), which sells, on behalf of "Design Italia 53 S.r.l.” (with registered office at via Via Antonio Cecchi n.8, Milano (MI), 20146, with tax code and VAT number 06035390969, hereinafter "Design Italia 53" or the "Manufacturer/Supplier") the products under the brand "ADD" on sale on the online store at ”www.add.it” (the “Website”), and the customer, who is understood, pursuant to Article 3 of Legislative Decree n. 206/2005 (“Italian Consumer Code”), to be a consumer, i.e. a physical person acting outside of the scope of any business, commercial, artisanal or professional activities they may conduct (the “Customer”), on the basis of the orders placed electronically on the Website. Drop therefore reserves the right to refuse to honour any orders placed by any subjects other than the Customer.
1.2 By accepting the present General Terms and Conditions upon purchasing a product on the Website, the Customer acknowledges that they have carefully read its contents and declares that they undertake to respect its provisions. The Customer will not be able to purchase products via the Website if they do not accept the present General Terms and Conditions.
1.3 The General Terms and Conditions apply regardless of the Customer’s nationality, as long as the products are delivered to one of the Countries in which the online sales service is active: these countries are listed on the Website’s homepage under the “Shipping and Delivery” section.
2. Changes to the general terms and conditions
2.1 Drop reserves the right to implement changes to the present General Terms and Conditions where such changes are necessary to ensure compliance with any legal provisions, for technical reasons, to align them with the sales models adopted by Drop or to better protect the parties’ rights. The most recent version of the General Terms and Conditions will be regularly published on the Website. In any case, for each purchase, the version of the General Terms and Conditions in force when the related order was place shall apply.
3. Creating an account
3.1 To purchase the products displayed on the Website, the Customer must (i) sign into the Website using the personal login details they received when they created an account in their name on the Website, or (ii) create a new account on the Website, or (iii) purchase the products as a “guest” user, in which case they do not need to sign in.
3.3 When creating an account on the Website, the Customer must choose a username and password, respecting the applicable criteria indicated on the Website. The Customer acknowledges and accepts that the login details they use to sign into the Website are personal and must not be communicated or transferred to third parties. The Customer shall keep their password a secret and shall immediately inform DROP in the event of the unauthorised use of their account or of the loss or theft of their login details by sending a written notice containing a detailed explanation of the events to DROP at the address stipulated in Article 16, along with a copy of their ID. Once DROP has received this notice from the Customer, DROP shall freeze the Customer’s login details and shall provide the Customer with new ones. DROP shall not be held responsible for any loss or damage arising from the Customer’s failure to keep their password safe or failure to communicate the unauthorised use, loss or theft of their password to DROP. The Customer shall be wholly liable to DROP for any loss and/or damage incurred as a result of the unauthorised use of their account.
3.4 Creating an account on the Website is free of charge, without prejudice to the fact that (i) the Customer is responsible for the cost of connecting to the internet network used to access the Website, in line with the prices, terms and conditions applied by their operator and (ii) purchasing a product on the Website implies the Customer’s obligation to pay DROP the corresponding amount owed for such product.
3.5. Once they have created an account on the Website, the Customer will receive an email at the address indicated during the account creation process.
3.6. The Customer may delete their account at any moment by sending an email to DROP via the email address indicated in Article 16 below. Upon receipt of this email, all contractual relationships between the Customer and DROP, excluding any orders placed before the account deletion request was sent, shall be terminated and the Customer’s username and password shall be deleted.
4. Logging in as a guest
4.2 Once they have filled out the form, the Customer will be able to choose a payment method from those indicated in Article 8.1 and electronically place their order with DROP.
5. Conclusion of the purchase contract
5.1 The Customer must select the products they want to purchase and add them to their basket, without prejudice to the possibility of modifying or deleting the content of their basket at any point before placing the order.
5.2 Placing an order via the Website constitutes a binding offer to purchase the selected products, and, therefore, to enter into a purchase contract, which shall be governed exclusively by the present General Terms and Conditions (“Contract”).
5.3 Before confirming their order, the Customer must check the order summary to ensure that all the information provided is correct. Any errors in the information inserted may be corrected using the dedicated editing functions provided on the Website. Once the order has been placed, no corrections can be made.
5.4 Once the order has been placed, DROP shall send the Customer an email confirming receipt of the order, containing the order number and details of the order (“Confirmation of Receipt”).
5.5. The Customer must keep the order number contained in the Confirmation of Receipt for any future communication with DROP.
5.6. The Confirmation of Receipt does not in itself mean that the order has been accepted. The Customer’s offer to enter into a Contract shall only be deemed accepted once the order has been processed and the related invoice has been issued, until which point DROP may reject the order. If the order is not accepted, DROP shall promptly communicate this to the Customer and any sums already paid shall be refunded pursuant to Art 8.7.
6. Product selection
6.1 The Customer may only purchase products that are displayed in the catalogue published on the Website and are available when the order is placed by the Customer. The catalogue may be periodically updated, and so DROP cannot guarantee that a given product will always be available, nor can it guarantee the availability of all sizes/versions of each product/colour present in the catalogue.
6.2 Each product is accompanied by a description of its main characteristics. The colours in the product images used alongside the descriptions may not be an exact reproduction of the actual products, as a result of the settings on the IT systems or devices used by the Customer to view the Website. The published images must therefore be considered as indicative only, within the limits of normal tolerance.
6.3 The products displayed on the Website are available while stocks last. Where although selectable, the selected product is not actually available, DROP shall inform the Customer promptly via email and refund them for any sums already paid.
7. Product prices
7.1 The sales prices indicated on the Website are inclusive of VAT, if applicable in the country of shipping destination.
7.2 The sales prices applicable to the Customer are those that are published online when the order is placed. These prices may be subject to variation without warning. It is up to the Customer to check the final price before placing the order.
7.3 In the event that there is a recognisable error in the price of a product or in the calculation of the taxes payable, DROP will refuse the order and will contact the Customer so that they can submit the correct purchase order.
7.4 DROP reserves the right to apply different prices depending on the country of shipping destination.
7.5. All product prices on the Website exclude shipping costs, which, if applicable, will be communicated during the purchase process before the order is placed.
8. Payments; billing; refunds
8.1 The Customer can choose from the following payment methods:
- - Credit card (Visa, Mastercard, American Express, Maestro);
- - PayPal;
8.2 The payment system only accepts Visa, Mastercard, American Express and Maestro.
8.3 For payments made via PayPal, the Customer will be redirected to a page on the PayPal website, where once they have entered their email address and password, they will be able to make the payment. Payments can only be made via verified Paypal accounts. The Customer must therefore connect to the Paypal website.
8.4 All card details are managed directly by banks (Payment Service Provider) specialised in the management of online payments; and all PayPal details are managed directly by PayPal. The details are encrypted through the latest encryption systems, which prevent them from being used by third parties, and are not shared with DROP but are sent directly to the bank or to Paypal.
8.5 If the payment is made via credit card or PayPal, the transaction must be authorised when the order is placed. If the payment is not authorised by the relevant managing party, DROP will not accept the order.
8.6 DROP reserves the right to request additional information from the Customer (for example, telephone number) or a copy of a document proving their ownership of the credit card, purely for the purpose of carrying out the necessary credit card payment checks and further protecting and safeguarding the Customer themselves. If the requested documentation is not provided, DROP reserves the right to refuse the order.
8.7 If the order is cancelled or if it is not accepted, DROP shall reimburse the Customer, as soon as possible, for all sums already paid. The sums paid by the Customer to DROP shall be refunded via the same payment method used by the Customer to place the order. Refunds shall be processed in line with the time frames and methods provided for by the manager of the relevant payment method. Where the recipient of the order indicated in the order proposal is not the same as the individual who made the payment for the sums due, the refunded sums, in the event that the order is cancelled or if it is not accepted or if the Customer’s right of withdrawal is exercised, shall in any case be paid to whoever made the payment.
8.8 For online sales, pursuant to Art. 22 of Presidential Decree n. 633 of 26/10/1972 and Article 2(oo) of Presidential Decree n. 696 of 21 December 1996 (as confirmed by Resolution n. 274/E of 5 November 2009), the seller is not required to issue an invoice (or a receipt or tax receipt) to the consumer buyer (i.e. without a VAT number). Nevertheless, the Customer may ask DROP to issue a tax invoice if they would like one during the purchase process. In this case, DROP will send the requested invoice to the email address indicated by the Customer when they created their account or on the order form. For the purpose of issuing the invoice, the details provided by the Customer when placing the order shall take precedence. Once the invoice has been issued, the details stated on it cannot be changed. The Customer is therefore encouraged to closely check the details they have entered before placing the order. If the invoice is not requested during the purchase process, under no circumstances can it be requested or issued at a later date. If the Customer does not request an invoice, DROP shall however send a purchase receipt, which has no validity for tax purposes, but is useful purely for assistance and guarantee purposes, to the email address or physical address indicated by the Customer when they created their account or on the order form.
9. Shipping and delivery
9.1 The products purchased on the Website shall be delivered to the delivery address indicated by the Customer when creating their account or purchasing the product. The products will be shipped using approved carriers to the delivery address indicated on the order form. The carriers may be unable to deliver to particularly remote areas. In these cases, DROP is responsible for informing the Customer that their order cannot be accepted.
9.2 Once the products have been handed over to the carrier, the Customer shall receive a confirmation email from DROP containing a tracking number, which the Customer can use to monitor the shipment in real time (“Shipping Confirmation”). The shipment date is the date on which the products are handed over to the carrier assigned to the related shipment.
9.3 Delivery times and costs vary depending on the country of destination. In any case, all delivery times are indicative and not binding for DROP.
All shipping costs are borne by the Customer: the Customer shall be informed of these costs during the purchase process before the order is placed, without prejudice to the following provisions. Design Italia 53 reserves the right to modify the application of the shipping costs as outlined above, for example to provide free shipping only for orders over a certain limit and/or only for certain shipping countries and/or only for certain days/periods of the year, clearly stating as such on the Website and communicating this information to the Customer during the purchase process before they place their order.
For non-EU countries, orders are DAP (Delivered At Place), which means that all customs charges and local fees shall be borne by the Customer, who shall undertake to settle them with the carrier or competent authorities, in addition to the total order amount, as stipulated by the laws in force in the Country to which the order is to be shipped. The Customer is therefore advised to check the local duties and taxes that apply with the competent bodies in the non-EU country to which the items are to be shipped before placing an order.
It is the Customer’s responsibility to ensure that the parcel is cleared by customs, to provide all the necessary information and to pay the associated charges. If the parcel is not cleared by customs, it will be returned to our warehouse.
9.4 Once the products have been delivered, the Customer is responsible for checking that (i) the number of packages matches the number on the transport document and (ii) the packaging is intact and shows no sign of damage, tampering or alteration. Where this check does not have a positive outcome, the Customer must immediately inform the carrier, either rejecting the delivery or accepting it but with a written reservation on the transport document. Failing this, once the carrier document has been signed, the Customer will not be able to raise any disputes regarding the nature of the external packaging of what has been delivered. Furthermore, the Customer must inform DROP of what has happened by contacting Customer Services as outlined in Article 16 within 8 (eight) days of receiving the order, indicating any problems relating to the physical integrity of the products or any incorrect/missing products. In all cases, this is without prejudice to the Customer’s right to the legal guarantee of conformity stipulated in Article 13 and the right to withdrawal stipulated in Article 14.
10. Late delivery
10.1 Where a Contract has been entered into and the products ordered by the Customer have not been delivered within the time limit communicated, the delivery time shall be deemed to be extended up to a maximum of 30 (thirty) days from the date on which the Contract was concluded.
10.2 In compliance with Article 61 of the Italian Consumer Code, if DROP does not deliver the products within the time frame stipulated in article 10.1, the Customer may:
- - withdraw from the Contract using the modalities stipulated in Art. 14.2 and obtain a refund as outlined in Art. 14.4;
- - or demand that DROP delivers the products within a new time limit that is appropriate to the circumstances. If the new time limit expires and the order has still not been delivered, the Customer is entitled to terminate the Contract, without prejudice to their right to a refund for all sums paid under the Contract and to potential compensation for any damages caused.
11. Product collections
11.1 If the products cannot be delivered because the Customer is not at home or for any other reason (incorrect address, address not found, etc.), either another delivery attempt will be made or the carrier will keep the order at its warehouse until it is collected by the Customer, who will be informed as such by way of a delivery attempt note. If the order is not collected within the time limit indicated on the delivery attempt note, it will be returned to Design Italia 53. In this case, the Contract shall be considered automatically terminated pursuant to Article 1456 of the Italian Civil Code. The Customer will be informed of this via email and the related order will be cancelled. Within a maximum of 15 (fifteen) days, DROP will refund the Customer for the cost of the products, minus the fees incurred for the unsuccessful delivery attempt and for returning the products, and any other fees incurred due to the unsuccessful delivery of the order owing to the Customer’s absence or failure to fulfil their obligation to receive the delivery.
11.2 Following the email communication mentioned in Article 11.1, if the Customer wants to request the delivery of the previously ordered products, they will need to place a new order, without prejudice to DROP’s right to refuse such order.
12. Customer declarations and guarantees
12.1 The Customer declares and guarantees: that they can legitimately accept the present General Terms and Conditions; that they are over the age of 18; that their personal details and other information communicated to DROP when creating an account on the Website or when purchasing a product are true, correct and up to date; that they will use the Website in compliance with all applicable laws and regulations, refraining from any direct and/or indirect use that is in breach of the law or the present General Terms and Conditions, or is detrimental to third party rights.
DROP reserves the right to check the information provided at any point and using any means available to it, even asking the Customer for appropriate supporting documentation and, in the event of a breach, to shut down or suspend the Customer’s account.
12.2 The Customer shall undertake to indemnify and hold DROP harmless against all liability, actions, costs, fees and claims that may arise as a result of the Customer breaching the declarations and guarantees outlined in Article 12.1, without prejudice in any case to DROP’s right to terminate the Contract with immediate effect pursuant to Article 1456 of the Italian Civil Code.
13. Guarantee of legal conformity
13.1 The products sold to the Customer through the Website are covered, on the part of the Manufacturer/Supplier, by the guarantee of legal conformity stipulated in Articles 128 et seq. of the Italian Consumer Code (“Legal Guarantee”). To benefit from the guarantee, the Customer must keep and present the invoice (or the purchase receipt or packing slip) they receive when the products are delivered.
13.2 The Legal Guarantee covers any defects that exist at the time of delivery, as long as the defects are reported within 2 (two) years of the products being delivered. The Customer must report the defect by contacting Customer Services using the modalities indicated in Article 16, providing an accurate and comprehensive description of the reported faults or defects. In this case, Customer Services must respond to the Customer, providing them with instructions on how to send back the defective product.
13.3 The Customer may ask, at their discretion, for the product to be repaired or replaced at no extra cost, unless the option chosen is objectively impossible or excessively costly compared to the other, factoring in all the circumstances and, in particular, those listed in Article 135-bis, paragraph 2 of the Italian Consumer Code.
13.4 The Manufacturer/Supplier may refuse to make the goods compliant by way of a repair or replacement if repairing or replacing them is impossible or if the costs that the Manufacturer/Supplier would have to incur are disproportionate, factoring in all circumstances, including those mentioned in Article 135-bis, paragraph 2(a) and (b) of the Italian Consumer Code.
13.5 The Customer may request, at their discretion, an appropriate reduction in the price or for the Contract to be terminated where any of the following situations arise: (I) the Manufacturer/Supplier does not repair or replace the goods, or does not repair or replace the goods, where possible, pursuant to Article 135-ter, paragraphs 1, 2 and 3 of the Italian Consumer Code, or refuses to make the goods compliant pursuant to Article 13.4 above; (ii) if the product is still defective despite the Manufacturer/Supplier’s attempt to restore conformity; (iii) if the defect is so serious that it justifies an immediate price reduction or termination of the sales contract; (iv) if the Manufacturer/Supplier states or it is clear from the circumstances that it will not be restoring conformity of the goods within a reasonable period or without causing the Customer notable inconvenience. This is without prejudice to the fact that the Customer does not have the right to terminate the contract if the defect is only minor.
13.6 If once the product has been returned it is clear that the alleged defect does indeed exist, all fees incurred in transporting, repairing and replacing the product shall be borne by the Manufacturer/Supplier. If, on the other hand, the alleged defect does not exist or the prerequisites for enforcing the Legal Guarantee have not been met, the Legal Guarantee shall not apply and all transport fees and other costs incurred in checking the existence of the defect shall be borne by the Customer, which they shall be informed of.
13.7 The Customer acknowledges and accepts that any defects or damages that occur after the goods have been delivered are not covered by the Legal Guarantee, for example, any caused by misuse of the product by the Customer or a third party.
14. Right of withdrawal
14.1 Pursuant to Articles 52 et seq. of Legislative Decree n. 206/2005, as subsequently amended, the Customer has the right to withdraw from the contract without giving any reason within 14 (fourteen) days of the products being delivered, or from the day on which the Customer or a third party appointed by them acquires physical possession of the products. If the Customer purchases more than one product in one single order and these products are delivered on different dates, the withdrawal period shall expire 14 (fourteen) days after the date on which the last product is delivered. This is not possible for the types of products for which withdrawal from the contract is expressly excluded pursuant to Art. 59 of Legislative Decree n. 206/2005, as subsequently modified (for example, bespoke or customised products).
14.2 To enforce their right of withdrawal, the Customer, in compliance with Art. 54 of the Italian Consumer Code, may use, at their discretion, one of the following methods:
- - fill out the online returns form, which can be found on the Website in the “Customer Service” section under “Returns and Refunds”;
- - make a clear declaration to the Seller that they would like to withdraw from the contract by sending an email to firstname.lastname@example.org.
In the email exercising their right to withdrawal or on the returns form, the Customer must state the order number included in the Confirmation of Receipt mentioned in Art. 5.4.
14.3 Once it has received the Customer’s withdrawal request, DROP will immediately email the Customer a confirmation of receipt, containing the returns form to be included in the return package and instructions on how to return the product(s).
14.4 In the event of withdrawal, the Customer will be refunded for all sums paid to DROP under the contract, including all delivery fees (if all products purchased are returned) incurred during the purchase process.
The refund will be issued without undue delay, and in any case within a maximum of 14 (fourteen) days from the date on which DROP was informed of the Customer’s decision to withdraw from the Contract. Following the withdrawal, refund times may be longer if there are any duties or local fees payable by the Customer that must be deducted from the refund, as explained in detail below. Refunds will be issued using the same payment method used by the Customer for the initial transaction.
The cost of returning the products shall be borne by the Customer and will be deducted from the refund amount due following the exercise of their right of withdrawal.
These costs are as follows:
- - EUR 15 for Italy;
- - EUR 30 for other EU countries;
- - GBP 45 for the UK;
- - CAD 90 for Canada;
- - USD 60 for the United States;
- - CHF 30 for Switzerland.
Design Italia 53 reserves the right to modify the application of return costs, for example making it free for partial returns and/or above a certain value and/or only for returns originating from certain Countries and/or only during certain days/periods of the year, stating as such on the Website and informing the Client thereof during the returns process.
In the event of withdrawal, any customs charges and local fees for returns originating from non-EU countries shall be borne by the Customer, and, to make this easier for the Customer, will be deducted from the refund amount.
14.5 Unless DROP has offered to collect the products subjected to the right of withdrawal exercised by the Customer and if the Customer agrees to make use of the returns service provided by DROP, the Customer must return or deliver the products to DROP without undue delay and in any case within 14 (fourteen) days from the date on which they communicated their intention to withdraw from the Contract to DROP. The time limit shall be considered to have been respected if the Customer ships the products within 14 (fourteen) days to the following address: Design Italia 53 ℅ Trascon Srl, Via Vecchia Fornace n.15, 14100 Castell'Alfero (AT). In this case, DROP may suspend the refund owed following the exercise of the right of withdrawal until the products have been received or until the Customer provides proof that it has shipped the products, depending on which one occurs first.
14.6 Leather items with a CITES certification (Convention on International Trade in Endangered Species of Wild Flora and Fauna signed in Washington in1973) delivered to outside of the European Union may only be returned if they are accompanied by the certificate issued by the competent body. Customers who wish to return this type of product must therefore obtain the necessary documentation and pay the associated fees, which under no circumstances will be borne by DROP.
14.7 The Customer must return the products fully intact, undamaged, with the original tags still attached and in their original packaging. In particular, products cannot be returned if they have been worn, washed or altered in any way.
Returned products that are incomplete, damaged, used or altered in any way will not be accepted. The return must be carefully packaged to protect the original packaging from any damage, pen marks or labels. If the original order also contained any free gifts, these must also be returned.
14.8 If the right of withdrawal is forfeited due to the expiration of the prescribed time limit or if the return cannot be accepted due to it not complying with the conditions mentioned in Art. 14.7, DROP will inform the Customer via registered letter with acknowledgement of receipt. The product, if it has already been returned, will be kept for the Customer at Design Italia 53 ℅ Trascon Srl, Via Vecchia Fornace n.15, 14100 Castell'Alfero (AT), Italy, until the Customer collects it at their own expense.
15. Personal data protection
16. Customer Services
16.1 Customer Services, which the Customer may contact for assistance or to file any claims, can be reached via the following:
- e-mail: email@example.com
- tel: +39 02 45074496.
17. Online resolution of disputes
17.1 The Customer may use the platform provided by the European Commission to resolve any disputes relating to online sales contracts (“ODR Platform”). Via the ODR Platform, the Customer and DROP may resolve any disputes relating to orders placed online with the assistance of an impartial body. The ODR Platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show
18. Applicable law and competent court
18.1 The present General Terms and Conditions are governed entirely by Italian law. This excludes its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG), adopted in Vienna on 11 April 1980. This is still without prejudice to the mandatory legal provisions in force in the State in which the Client has their habitual residence.
18.2 Any disputes that should arise between the parties relating to the validity, interpretation, execution or termination of the present General Terms and Conditions or of any Contract, where the Customer intends to bring proceedings before an ordinary court, either the Court of Fermo or the Court of the Country of the Customer’s residence or domicile, if this Country is a member of the EU, shall have exclusive competence, at the Customer’s discretion. The Seller shall submit any disputes that arise in relation to the present General Terms and Conditions to the competent Court of the Country in which the Customer habitually resides, if it is a member of the EU. If it is not, the dispute shall be submitted to the Court of Fermo.