GENERAL CONTRACT CONDITIONS RELATING TO THE DISTANCE CONTRACT ENTERED INTO BETWEEN DADA ARRIGONI AND THE USER

a) For the purposes of these general conditions, " Consumer " means the natural person who acts for purposes unrelated and/or not related to the entrepreneurial, commercial, artisanal or professional activity possibly carried out, or who acts for purposes not included within the framework of each of the aforementioned activities.

“ Professional ”, any natural or legal person who acts in the framework of his commercial, industrial, artisanal or professional activity, carrying out a purchase act relating to the profession carried out.

“ Customer ”, the individual whether Professional or simple Consumer, who has purchased a product from DADA ARRIGONI according to the information and conditions expressed in this contract and in the descriptive sheet available on the site, to be understood as an integral part of the contract itself.

“ DADA ARRIGONI ”, BELLA Srl, with registered office in via Piazzale della Repubblica, 2 – 24122 Bergamo, tel. 035245394, CF and VAT number 04539320160, e-mail info@dadaarrigoni.com, i.e. the company that sells and supplies the products on the Site, also identified with its own brand "Dada Arrigoni".

“ Product ”, the product or products that the Customer wishes to purchase through this distance contract.

“ Contract ”, the contract concluded between DADA ARRIGONI and the Customer without the physical and simultaneous presence of the parties, through the exclusive use of one or more means of remote communication.

“ Site ”, the website www.dadaarrigoni.com, the exclusive property of DADA ARRIGONI.
b) prior to the online purchase of the Product (shipment of the Product will take place only after receipt of payment) the Customer is required to express, in point and click mode, his consent to these conditions of sale, which in this way are assumed to be recognized and approved also pursuant to articles. 1341 and 1342 cc, together with the provisions that regulate the procedures for registration, access, navigation and use of the Site;
c) the Customer expressly authorizes DADA ARRIGONI to use his/her e-mail address in relation to activities relating to the contract.

Art.1 Object of the contract

This distance contract, the premises of which constitute an integral part of the general conditions, concerns the sale of jewellery, accessories and other products under the "Dada Arrigoni" brand, marketed on the Site.

Art.2 Pre-contractual information

The Customer declares to have read, prior to the online purchase of the Product, all the information contained in the information sheet of the same accessible on the Site and from which the main characteristics of the Product, the identity of DADA ARRIGONI, the price, shipping methods and return policy.

Art.3 Conclusion of the contract

Pursuant to and for the purposes of the art. 1326 cc, the distance contract will be considered concluded when DADA ARRIGONI receives payment for the Product, to be made by bank transfer, credit card or Pay Pal, all in the manner described in this link.

Art. 4 Security and confidentiality of data

The Customer guarantees to legitimately have all the information entered on the Site for the purpose of purchasing the Product and accessing the related services, also ensuring that the same does not in any way violate, directly or indirectly, any third party rights. . Therefore, the Customer undertakes not to enter data that he cannot freely and legitimately dispose of. The Customer is also prohibited from entering false and/or fictitious data in the Product registration procedure and in subsequent further communications linked to the execution of the contract. For this purpose, the Customer releases DADA ARRIGONI from any liability deriving from the undue and/or illegitimate insertion of data, even if incorrect, from any obligation and/or burden of direct and indirect verification and control in this regard. If DADA ARRIGONI ascertains that the data entered into the system is false, DADA ARRIGONI and anyone on its behalf reserve the right not to ship the Product or to request its return, if already shipped, with simultaneous refund of the price to the buyer.

Art. 5 Product delivery and return methods

The Product will be delivered within 30 (thirty) days from the conclusion of the contract via a qualified courier, appointed by DADA ARRIGONI and equipped with suitable insurance coverage; the shipping cost is communicated to the Customer on the site before payment. If the customer makes use of the right of withdrawal referred to in art. 7, the Product initially received must be returned to DADA ARRIGONI in perfect condition and in the original packaging. The customer will only be charged for the price of the shipment necessary to return the Product to DADA ARRIGONI, which must be carried out via a courier qualified for the transport of valuable goods, equipped with suitable insurance coverage. DADA ARRIGONI provides a courier with these characteristics; the price of any return is specified on the Site. In the event of a return of the Product, the refund of the amount paid by the customer will be made only after receipt of the Product by DADA ARRIGONI, returned by the Customer in the manner and under the conditions specified above .

Art. 6 Responsibilities and obligations

The Customer is entitled to a two-year legal guarantee with regard to any defects in the Product attributable to DADA ARRIGONI; furthermore, DADA ARRIGONI guarantees the customer, for one year from the purchase of the Product, free assistance aimed at full use of the same (e.g. narrowing a ring).
Except in cases of willful misconduct or gross negligence on the part of DADA ARRIGONI, the Customer expressly exempts DADA ARRIGONI from any liability for direct and indirect damages:

• a) caused by third parties who unlawfully accessed the Customer's data following the Customer's failure to safeguard the access credentials or adopt other security measures;
• b) caused by third parties who unlawfully took possession of the Product in place of the Customer.

Under no circumstances will DADA ARRIGONI be held responsible: a) for the malfunctioning of the online platform resulting from faults, overloads, interruptions of telephone lines, electricity lines or those relating to the Internet network; b) for breaches of third parties which jeopardize the use of the Product; c) for damages that the Customer may suffer in relation to the use of the Product, which are not attributable to faults or defects of the same. Furthermore, DADA ARRIGONI cannot be held responsible for failures to fulfill its contractual obligations resulting from causes that are not reasonably foreseeable, from objective impediments that go beyond the sphere of its direct and immediate control, or from causes of force majeure, such as, by way of example, the ruin of the building where the products are stored. Upon the occurrence of one of the aforementioned events, DADA ARRIGONI and anyone on its behalf must inform the Customer, together with the prospects for regular delivery of the Product or the reimbursement methods referred to in the art. 8.

Finally, the Customer may not transfer any obligation or right arising from this Contract to third parties, in the absence of prior written authorization issued at the sole discretion of DADA ARRIGONI.

Art. 7 Consumer withdrawal

Pursuant to the articles. 52 et seq. of Legislative Decree 6 September 2005, n° 206 (Consumer Code), the Customer-Consumer may withdraw from the contract within fourteen days from the date of delivery of the Product, by sending a communication via email to the address info@dadaarrigoni .com.

Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded in the case of personalized products.

DADA ARRIGONI is not granted any right of withdrawal, except as provided in the art. 8 in relation to the availability of the Product.

Art. 8 Withdrawal of DADA ARRIGONI and reimbursement methods

DADA ARRIGONI will have the right to withdraw from the contract concluded with the Customer in the event that, despite having correctly received payment, it is unable to deliver the Product due to lack of it in stock or due to force majeure. The right of withdrawal must be exercised by DADA ARRIGONI with communication via email to the Customer no later than one working week from receipt of payment.

DADA ARRIGONI will fully refund the cost of the Product to the Customer by bank transfer to the current account indicated by the Customer, if the Customer does not consent - in the case of only temporary lack of the product - to an extension of the ordinary delivery time.

Art. 9 Applicable law, competent court and other dispute resolution tools

This contract is regulated by the Italian law.

If the Customer is a Consumer pursuant to art. 3 of the Consumer Code, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the Consumer himself, if located in the territory of the Italian State, without prejudice to the right for the Customer-Consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in the articles. 18, 19 and 20 of the civil procedure code. In all other cases the Court of Bergamo is competent.

The European Commission has established an online platform that provides consumers with a non-judicial resolution tool for any dispute relating to and/or deriving from contracts for the sale of goods and services stipulated online. Consequently, the Consumer can use this platform to resolve any dispute arising from the online contract stipulated with DADA ARRIGONI. The platform is available at the following address: http://ec.europa.eu/consumers/odr/ .

The Customer expressly declares, pursuant to art. 1341 and art. 1342 cc to specifically approve the following contractual clauses:

Art. 5 – Product delivery and return methods

Art. 6 – Responsibilities and obligations

Art. 7 – Consumer withdrawal

Art. 8 – Withdrawal of DADA ARRIGONI and reimbursement methods

Art. 9 – Applicable law, competent court and other dispute resolution tools