Terms of service
Terms and conditions of service
The following General Terms and Conditions of Sale govern the offer and sale of products on the website dadibu.it (Site).
The products purchased on the Site are offered and sold by Dadibu.it owned by Ewa Maria Gubanska (P.I. IT 02411600972) with registered office in Via Statale n. 83b in Poggio a Caiano 59016 (PO).
1.Scope
1.1 The sale of products through the Website (Products) constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree No. 70 of 9 April 2003, containing the rules on electronic commerce.
1.2 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment they are published on the Site. For this reason, users are invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Terms and Conditions of Sale. The applicable General Terms and Conditions of Sale are those in force on the date on which the purchase order is sent.
1.3 These General Terms and Conditions of Sale do not govern the sale of products and/or the provision of services by parties other than Dadibù that are present on the Site through links, banners or other hypertext links. Before entering into commercial transactions with these entities, it is necessary to check their terms of sale. Dadibù is not responsible for the provision of services and/or the sale of products by such parties. On the websites that can be consulted through these links, Dadibù does not carry out any control and/or monitoring. Dadibù is therefore not responsible for the contents of these sites nor for any errors and/or omissions and/or violations of law on their part.
- Purchases on the Site
2.1 Access to sales made through the Site is reserved exclusively for users who are at least 18 years old.
2.2 Access to the offers on the Website is allowed both to users who are consumers and to users who are professionals. Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, it should be noted that a consumer is a natural person who, in relation to the purchase of the Products, acts for purposes unrelated to any commercial, artisanal, entrepreneurial or professional activity carried out; while pursuant to art. 3, paragraph I, letter c) of the Consumer Code, a professional is a natural or legal person who acts in the exercise of his or her entrepreneurial, commercial, artisanal or professional activity, or an intermediary thereof.
2.3 Under no circumstances may retailers or wholesalers or, in general, all persons who intend to purchase the Products for subsequent resale make purchases on the Site. It is, therefore, forbidden for these subjects to make purchases on the Site and we invite you to contact us through the contact form to manage B2B orders.
2.4 Dadibù reserves the right to refuse or cancel orders that come from (i) a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Terms and Conditions of Sale and/or the conditions and/or terms of a purchase contract with Dadibù; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) by users who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent Dadibù the documents requested by the same on the basis of these General Terms and Conditions of Sale or who have sent it invalid documents; (v) by users who do not provide sufficient guarantees of solvency.
- Registration on the Site (if applicable)
3.1 The purchase of Products on the Site is permitted to everyone without the need to register. To make purchases, just fill out the forms that you will find in the shopping cart section.
- Information for the conclusion of the contract
4.1 In accordance with Legislative Decree no. 70 of 9 April 2003 containing provisions on electronic commerce, Dadibù informs the user that:
- in order to conclude the contract for the purchase of one or more Products on the Site, the user must fill in an order form in electronic format and send it to Dadibù, electronically, following the instructions that will appear from time to time on the Site and that will accompany the various phases of the purchase;
- the contract is concluded when the order form arrives at Dadibù's server;
- once the order form has been registered and the confirmation of the authorization for the payment of the total amount due has been received, Dadibù will send the user, by e-mail to the e-mail address indicated, the order confirmation, containing a summary of the General Terms and Conditions of Sale and the particular conditions applicable to the contract, information relating to the characteristics of the Product purchased, a detailed indication of the price, the means of payment used, delivery and billing data, delivery costs and any additional costs, as well as the contact details of Customer Service, which the user can contact to request assistance and/or make complaints. It is recommended that you keep the e-mail you received as proof of purchase. The General Terms and Conditions of Sale applicable to the order, as well as the standard instructions on withdrawal and the model withdrawal form referred to in art. 10 will be attached to the shipping confirmation e-mail of the purchased product.
- the order form will be stored in the Dadibù database for the time necessary to process the order and, in any case, within the terms of the law. To access your order form, you will be able to consult your account.
- Validity of Offers and Prices
5.1 All prices of the Products are expressed in Euros (€) and are inclusive of Value Added Tax ("VAT"). Any additional costs, including VAT and expressed in Euros (€), will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same, as well as on the order confirmation e-mail.
5.2 The price of the Products may be modified by Dadibù at any time, without prior notice, it being understood that the price charged to the user will be the one published on the information sheet that illustrates the main characteristics of the Product (Product Sheet) at the time the order is placed. Any changes (up or down) in price after the order has been placed will not be taken into account.
5.3 Products may be offered for sale on the Site at discounted prices. The full price indicated on the website (crossed out price) and against which the discount that Dadibù applies is calculated.
5.4 It is not possible to request customizations other than those provided by the Site.
6.Purchase Orders - Product Information
6.1 Dadibù will process the purchase order, and then ship the purchased Product, only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applicable, and any other additional costs, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will be considered terminated by law pursuant to and for the purposes of art. 1456 c.c. The user will be notified of such termination and the consequent cancellation of the order immediately after the order has been transmitted, via the Site.
6.2 The Products will remain the property of Dadibù until the payment by the user of the Total Amount Due. On the other hand, the risk of loss or damage to the Products, for reasons not attributable to Dadibù, will be transferred to the user when the user, or a third party designated by the user and other than the carrier, comes into physical possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. The colors of the Products, however, may differ from the actual colors due to the settings of the computer systems or computers used by users to display them. Furthermore, the images of the Product in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent to the user shall be valid.
- Availability of Products
7.1 The number of products offered on the Website is limited. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail. The user will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user avails himself of the right of termination pursuant to Article 61, IV and V paragraphs, of the Consumer Code or in any case in which the payment of the Total Amount Due has already been made, Dadibù will refund this amount without undue delay and, in any case, within a maximum period of 14 working days from the sending of the order. The amount of the refund will be communicated to the user by e-mail. This amount will be credited to the same means of payment used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the charge.
7.3 In the case of orders concerning a plurality of Products (Multiple Order), if the unavailability concerns only some of the Products covered by the Multiple Order – without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 7.2 above, if the unavailability concerns all the Products ordered in the case, Dadibù will immediately notify the user by e-mail. The user will therefore be entitled to immediately terminate the contract, limited to the Product(s) that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user exercises the right of termination pursuant to Art. 61, IV and V paragraphs, of the Consumer Code, in relation to the Product(s) that have become unavailable or in any case in which the payment of the Total Amount Due has already been made, Dadibù will refund the amount due in relation to such Product(s), including delivery costs, calculated as indicated in art. 8.3 below, and any other additional costs due in relation to such Products (Partial Amount Due) without undue delay and, in any case, within a maximum period of 15 working days from the dispatch of the order. The amount of the refund will be communicated to the user by e-mail. This amount will be credited to the same means of payment used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the charge. The termination of the entire Multiple Order will be possible only in the case of obvious and proven accessory nature of the Products subject to the Multiple Order that have become unavailable compared to the other Products subject to the Multiple Order available.
- Delivery of purchased Products
8.1 Deliveries of purchased Products are made in Europe to the following countries: Italy, France, Spain, Netherlands, Austria, Germany with standard service. Any delivery limitations will be indicated on the Site from time to time.
8.2 Shipping is free of charge for orders of € 99.00 or more for Italy, while for Europe it is € 199.99, unless otherwise specified on the Site and in the "Shipping policy" section in the footer of the Site. The amount of delivery costs, if any, payable by the user in relation to a specific order, is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds with the transmission of the same. In the event of failure to indicate a specific delivery date, this will be done, in any case, within thirty days from the date of conclusion of the contract.
8.3 In the event of partial withdrawal from multiple orders, the amount of the delivery costs to be reimbursed to the user will be quantified in proportion to the value of the Product subject to withdrawal and will be borne by the customer.
8.4 The delivery obligation is fulfilled by transferring the physical availability or control of the Products to the user. It is your responsibility to check the condition of the Product that has been delivered/collected by you. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Dadibù, is transferred to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Product, the user is recommended to check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, also in the closing materials and we invite, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the event that the loss or damage is due to wilful misconduct or gross negligence on the part of the courier itself and except for partial loss or damage not recognisable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than seven days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the user is also advised to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains unaffected. The courier makes one or two delivery attempts (depending on the type of shipment), after which he will send the Products back to Dadibù, which will refund the money to the customer. At the time of delivery, nothing is due to the courier.
8.5 The provisions of art. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.
- Payment Methods
9.1 Payment by credit or debit card
9.1.1 Unless otherwise specified, payment for Products may be made by credit or debit card directly through the Site. Dadibù accepts VISA, Maestro, MasterCard and American Express cards. At the time of placing the order, the credit card used by the user for payment will not be charged. You will only be charged after (i) your payment credit card information has been verified and (ii) your credit card company has issued you with the authorization to charge. In application of Directive 2015/2366/(EU) on payment services in the internal market (PSD2), the user is informed that he or she may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of managing the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion, the user must be registered on the Site at the time of the purchase transaction) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to complete the purchase on the Site.
9.1.2 In order to guarantee the security of payments made on the Site and prevent any fraud, Dadibù reserves the right to ask the user, by e-mail, to send, by the same means, a copy of the front and back of their identity card and, in the event that the holder of the order is different from the holder of the card, of the latter's identity card. The document must be valid. The request e-mail will specify the deadline by which the document must reach Dadibù. This period shall not, in any case, exceed 5 working days from receipt of the request by the user. While waiting for the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
9.1.3 In the event that Dadibù does not receive such documents within the deadline specified in the request e-mail or receives expired or invalid documents, the contract shall be deemed to be terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the order consequently cancelled, without prejudice to Dadibù's right to compensation for any damage that may have been incurred due to the user's non-compliant behaviour. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by Dadibù, will result in the cancellation of the order, with a consequent refund of the Total Amount Due.
9.1.4 In the event of receipt by Dadibù of valid documentation within the deadline indicated in the e-mail referred to in art. 9.1.2 above, the delivery time will start from the date of receipt of the same.
9.1.5 Confidential credit card data (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by Dadibù. Therefore, Dadibù never has access to and does not store the data of the credit card used by the user to pay for the Products, except, limited to the data relating to the cardholder, the case provided for by art. 9.3.2 and 9.3.3.
9.2 Payment via PayPal payment solution.
9.2.1 Payment for Products purchased on the Site can be made through the PayPal payment solution. If the user chooses PayPal as a means of payment, he will be redirected to the www.paypal.com website where he will make the payment for the Products according to the procedure provided and governed by PayPal and the terms and conditions of contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by the same and will not be transmitted or shared with Dadibù. The latter is therefore not able to know and does not store in any way the data of the credit card linked to the user's PayPal account or the data of any other payment instrument connected with this account.
9.2.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the contract through the Site. In case of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to the user will be credited to the PayPal account of the same. The timing of crediting the payment instrument linked to this account depends exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, Dadibù cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to dispute which the user must contact PayPal directly.
9.3 Payment by bank transfer
9.3.1 Payment by "bank transfer" must be received within three (3) days of placing the order with currency on the same day as the transfer. Any delays must be communicated to the e-mail address info@dadibu.it. In the absence of notification from the customer, after seven (7) days the order will be considered null and void.
The reason for payment on the bank transfer must indicate:
- Order number;
- Surname and Name of the payer;
Payment can be made to the following IBAN: IT54G3608105138914815614818
Intestator: Ewa Maria Gubanska
As soon as the payment is visible on the bank account indicated, the supplier will proceed with the shipment of the purchased goods.
- Right of Withdrawal
10.1 The user who is a consumer has the right to withdraw from the contract concluded with Dadibù, without having to incur costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period shall commence:
- a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
- b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
- c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.
10.2. In order to exercise the right of withdrawal, the user must inform Dadibù of his/her decision to withdraw, before the expiry of the Withdrawal Period.
10.3 To this end, the user can use the standard withdrawal form (Standard Withdrawal Form) made available in the dedicated section (returns, refunds and withdrawal), through the appropriate link, before the conclusion of the contract or request it through the Contact Us form on the Website. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the user, it is in the interest of the user to make use of a durable medium when notifying Dadibù of their withdrawal or it will be right for Dadibù to request any photographic and/or video evidence from the user.
10.4 For the return of the Product, the user, after having exercised the right of withdrawal in the manner indicated in this article, will be contacted by Dadibù's Customer Service who will provide instructions for returning the Product, indicating the courier and agreeing on the date of collection. The direct costs of returning the Product are borne by the consumer, without prejudice to the return shipping costs, which remain the responsibility of the customer. The return of the Product to Dadibù is at the user's own risk; The product is considered returned when it is delivered to the carrier. If the user has used a discount code (see section 11 below) for the purchase of the Product for which he/she has exercised his/her right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user.
10.5 If the user withdraws from the contract, Dadibù will proceed with the refund of the Total Amount Due paid by the user for the Product, excluding delivery costs, without undue delay and in any case no later than 7 calendar days from the day on which Dadibù physically received the products subject to the return. The refund will be made using the same means of payment used by the user for the initial transaction or other type of payment in agreement between the parties; In any case, you will not incur any costs as a result of such reimbursement. The Model Instructions on Withdrawal, containing information on the exercise of the right of withdrawal, are made available to the user on the Website, before the conclusion of the contract, through the appropriate link and through the "returns, refunds and withdrawal" link in the footer of the Website.
10.6 In the event of partial withdrawal, the amount of the delivery costs will be borne by the customer as indicated in art. 8.3 above.
10.7 You are solely responsible for any decrease in the value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. In any case, the Product must be stored, handled and inspected with normal diligence and returned intact, and not washed, with identification tags, labels and any seals, if any, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. Therefore, it cannot be exercised in relation to parts (which are not independent Products) of the Product.
10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Dadibù will notify the user within 5 working days of receipt of the Product, rejecting the withdrawal request. The Product, if it has already been received by Dadibù, will remain at Dadibù's disposal for collection, which must take place at the expense and under the responsibility of the user.
10.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to such decrease in value. Dadibù will notify the user of the circumstance and the consequent reduced amount of reimbursement within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, with the bank details for the payment of the amount due by the user due to the decrease in value of the Product.
10.10 In the event that, in the event of one of the hypotheses provided for by law, the right of withdrawal does not apply, specific and express notice of this exclusion will be given in the Product Sheet and, in any case, during the purchase process, before the user proceeds with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, inter alia, in the event that the sale has as its object:
- tailor-made or clearly personalised products (e.g. purchased in accordance with the procedures set out in point 5.4);
- sealed products that cannot be returned for reasons of hygiene or health protection, which have been opened after delivery.
10.11 Regardless of the possibility of exercising the right of withdrawal, Dadibù offers the user the possibility of exercising the right of return, according to the terms and conditions indicated on the "Returns" page on the Website. The right of return is in addition to, and does not replace, the right of withdrawal governed by the preceding articles.
11.Discount Codes
11.1 On the Website it is also possible to purchase through discount codes issued by Dadibù. If the value of the discount code is lower than that of the order, the remaining amount can be completed according to the other payment methods provided on the Site.
11.2 Discount codes cannot be combined with each other for a single purchase. Discount codes cannot be used to purchase products that are already on sale. Discount codes cannot be used for payments of spend amounts less than their value. Each discount code can only be used for one purchase. Under no circumstances do discount codes entitle you to change in the case of purchases of a smaller amount.
11.3 Any products for which it will not be possible to use discount codes will be duly reported on the Site. In the event of cancellation for any reason of an order for which a discount code has been used, the relevant amount will be credited back to the customer's personal account.
11.4 Under no circumstances can discount vouchers be exchanged for cash.
- Legal Guarantee of Conformity
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles 128-135 of Legislative Decree No. 206/2005 of the Consumer Code (Legal Guarantee).
WHO IT APPLIES TO
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. To those who have purchased on the Site and who do not have the status of consumers, the guarantees for defects of the thing sold, the guarantee for defects in the promised and essential quality and the other guarantees provided for by the Civil Code with the related terms, forfeitures and limitations will be applied.
WHEN TO APPLY
The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, at the addresses indicated in art. 14. Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within one year of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the thirteenth month following the delivery of the Product, it will be the consumer's burden to prove that the lack of conformity already existed at the time of delivery of the same. In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods or any other document that can attest to the date of purchase (e.g. credit card statement) and the date of delivery.
WHAT IS A LACK OF CONFORMITY?
There is a lack of conformity when the goods purchased:
- it is not suitable for the use for which goods of the same type are usually used;
- it does not conform to the description given by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
- it does not have the usual qualities and performance of goods of the same type, which the consumer can reasonably expect, also taking into account the claims made in advertising or labelling;
- it is not suitable for the particular use intended by the consumer and which was brought to the attention of the seller at the time of conclusion of the contract and which the seller has accepted. Therefore, any failures or malfunctions or other defects caused by accidental events or by the user's responsibility or by use of the Product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the Product, if any, or in the instructions for use relating to the same, are excluded from the scope of application of the Legal Warranty.
REMEDIES AVAILABLE TO YOU
In the event of a lack of conformity duly reported within the deadlines, the user has the right:
- primarily, the free replacement of the goods, unless the remedy requested is objectively impossible or excessively onerous compared to the other and, therefore, in the specific case, given the type of sale, the replacement, where this is possible in relation to the number of copies still available for sale;
- secondarily (i.e. in the event that the substitution is impossible or excessively expensive, or the replacement has not been carried out within a reasonable period of time, or the substitution previously carried out has caused considerable inconvenience to the consumer) to the termination of the contract.
The remedy sought is excessively onerous if it imposes unreasonable costs on the seller compared to the alternative remedies that can be exercised, taking into account (1) the value that the goods would have if there were no lack of conformity; (2) the extent of the lack of conformity; (3) whether the alternative remedy can be exercised without significant inconvenience to the consumer.
WHAT TO DO IN THE EVENT OF A LACK OF CONFORMITY
In the event that a Product purchased on the Site, during the period of validity of the Legal Warranty, manifests what could be a lack of conformity, the user must contact Customer Service, at the addresses and in the manner indicated in art. 14. Dadibù will promptly respond to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to be followed, also to agree on the methods of shipment of the goods, also taking into account the product category to which the Product belongs and/or the defect reported.
REFUND OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL GUARANTEE
In the event of termination of the contract, Dadibù will refund the user the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, Dadibù will refund the amount of the reduction, previously agreed with the user. Alternatively, the user may choose to receive a voucher, which can be spent on the Site, of a value equivalent to the amount of the refund or, respectively, the reduction to which he is entitled. The amount of the refund or reduction will be communicated to the user by e-mail and credited to the means or payment solution used by the user for the purchase. Dadibù is not responsible for damages, of any nature, resulting from the use of the Product improperly and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damage resulting from unforeseeable circumstances or force majeure.
- Applicable law and jurisdiction; Out-of-court dispute resolution (ADR/ODR)
13.1 The contracts concluded between the users of the Site and Dadibù are governed by Italian law. This is without prejudice to the application to consumer users, who do not have their habitual residence in Italy, of any more favourable and mandatory provisions provided for by the law of the country in which they habitually reside; in particular, in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
13.2 Please note that, in the case of a consumer user, any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale shall be subject to the jurisdiction of the court of the place where the user resides or has elected domicile.
13.3 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), Dadibù informs the user who is a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to Dadibù, as a result of which, however, it has not been possible to resolve the dispute thus arisen, Dadibù will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (so-called "Alternative Dispute Resolution Body(s)"). ADR bodies, as indicated in art. 141-bis et seq. Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute. Dadibù also informs the user who is a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that a European platform for the on-line resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR entities, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved. In any case, the right of the consumer user to appeal to the competent ordinary court of the dispute arising from these General Terms and Conditions of Sale is reserved, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
13.4 The user who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found on the www.eur-lex.europa.eu website.
- Customer Service & Complaints
14.1 It is possible to ask for information, send communications, request assistance or submit complaints, by contacting Customer Service by filling out the form on the "Contacts" page, or by sending an email to: info@dadibù.it.
14.2 Dadibù will respond to complaints submitted within two working days of receipt of the same.