Terms of Sale and Conditions

1) Definitions

The term “online sales contract” refers to the contract of sale relating to the Seller’s tangible movable goods to the Buyer within the framework of a distance selling system using telematic tools, organized by the Supplier.

The term “Buyer” refers to the individual consumer who makes the purchase under this contract, for purposes not related to any commercial or professional activity they may carry out.

The term “Supplier” refers to the entity that carries out the sale of the goods subject to this contract.o.

2) Identification and obligations of the parties

Supplier:
The goods subject to these general conditions are sold through a system of telematic tools organized by Bag Maglierie, Via U. Foscolo 4A, 06053 Deruta (PG) VAT number 02220330548 Telephone number: 075 975 0061, email: difilostore@gmail.com, which manages the website difilo.it

Buyer:
Expressly declares that the purchase is made for purposes unrelated to any commercial or professional activity and undertakes not to engage in any commercial activity with the purchased goods.

3) Object and conclusion of the contract

Under this contract, the Supplier sells and the Buyer remotely purchases only the tangible movable goods indicated and offered for sale on this website.

The contract between the Supplier and the Buyer is concluded exclusively through the internet by the Buyer accessing the address of this website, where, by following the indicated procedures, the Buyer will formalize the proposal to purchase the goods offered for sale.

The purchase contract is concluded when the Buyer places an irrevocable order by completing and submitting the online order form, which will be displayed on the order summary webpage, printable, containing the details of the ordering party and the order, the price of the purchased goods and shipping costs, the payment methods and terms, and the address where the goods will be delivered. When the Supplier receives the order from the Buyer, they will send a confirmation email and/or display a confirmation and order summary webpage, printable, containing the data entered by the buyer in the order form. The contract is considered perfected and effective between the parties only upon the execution of the order and the issuance of the corresponding invoice or sales receipt, with the Supplier having the possibility to refuse the order until that moment. The contract is considered perfected and effective between the parties only upon the execution of the order and the issuance of the corresponding invoice or sales receipt, with the Supplier having the possibility to refuse the order until that moment.

Specifically, each order placed constitutes an offer to purchase the Supplier’s products. Orders are subject to availability and acceptance by the Supplier, who may, at any time and at their own discretion, refuse to accept the Buyer’s order, including, for example, cases where:
– Orders cannot be fulfilled due to an error in the information provided by the Buyer, such as insufficient or incorrect payment information, incorrect billing information, insufficient or incorrect delivery address – in this regard, the Buyer is advised that the Supplier does not deliver products to PO boxes; or misleading information;
– There is an error on the website regarding the ordered products, such as an error in price or description of the products as shown on the website;
– The ordered products are no longer available on the website;
– The order amount is too high, based on a case-by-case assessment at the sole discretion of the Supplier.

In such cases, the Buyer shall only be entitled to a full refund of the amount paid and no further compensation.

Invoice and sales receipt will be issued by Bag maglierie srl in paper form and included in the package containing the ordered products.

4) Payment and refund methods

The Supplier accepts only advance payment for the ordered products through major Credit Cards (Mastercard and Visa circuits), PayPal, and bank transfer. Credit card information is managed directly by other banks specializing in online payment management; PayPal information is managed directly by PayPal. The information is encrypted using state-of-the-art encryption systems that prevent third-party use and is sent directly to the bank. The Supplier reserves the right to request verification from the card-issuing bank regarding the authenticity of the card or from PayPal in case of issues. After this verification, in the event of a positive outcome, the procedure will proceed to conclude the contract and deliver the placed order, provided there are no further obstacles. Any refund to the Buyer, if entitled, will be credited by reversing the credit card or PayPal payment within a maximum of 30 days from the date the Supplier becomes aware of the cause generating the refund right.

5) Delivery times and methods

The Supplier will deliver the ordered products using GLS courier or an equivalent for deliveries within Italy. The order processing times may vary, from the same day of the order to a maximum of 5 working days, within which the invoice or sales receipt will be issued and the order accepted, commencing its execution. In the event that the Supplier is unable to ship within this period, prompt notice will be given to the Buyer via email, indicating the deadline for order fulfillment. Delivery times may vary depending on the destination country and other factors beyond the direct control of the Supplier and not attributable to them.

6) Shipping and delivery costs

The Supplier ships goods throughout the European Union.

In EU member countries, shipments are made using the DDP (Delivery Duty Paid) formula, so in these destinations, the goods will arrive directly at the indicated place of delivery without having to pay any additional amounts beyond what has already been paid at the time of sending the order, as the price calculation already includes any shipping costs. The shipping costs will be indicated and calculated in the purchase procedure before the Buyer submits the order and will also be included on the order summary webpage.

For all other countries, the DDU (Delivery Duty Unpaid) formula is used, so the courier may present a separate invoice requesting payment of duties and taxes required by local authorities. If the amount of such charges is known or can be known by the Supplier, they may inform the Buyer of the respective amount at the time of purchase or provide instructions for calculating them. In any case, the Buyer residing in a non-EU country is advised to inquire about local taxes and duties before placing an order with the Supplier.

7) Insurance and Supplier’s liability

The Supplier insures the products against theft and accidental damage from the moment of delivery to the courier until they reach their destination. The risk of loss or damage to the goods remains with the Supplier until the Buyer or a third party designated by them physically takes possession of the goods.

8) Prices

All prices for the products displayed and indicated on this website are expressed in Euros, the current currency of the European Union, and constitute a public offer under Article 1336 of the Civil Code. They include VAT and any other tax regarding delivery within the territory of a CE country. Regarding shipping costs, taxes, and customs duties, please refer to point 6) above. The prices indicated for each of the goods offered to the public are valid until the order is placed and are specified on the order summary webpage. Therefore, prices and conditions may be changed by the Supplier at any time, and what appears on the order summary webpage will be binding for the Buyer.

9) Product availability

The Supplier ensures, through the telematic system used, the processing and fulfillment of orders without delay. If an order exceeds the quantity available in stock, the Supplier will notify the Buyer via email whether the item is no longer available for reservation or provide the waiting times to obtain the chosen item, asking if they wish to confirm the order or not. The Supplier’s computer system confirms the order as soon as possible and sends the user a confirmation email, which does not create any legal obligation as it is a simple order summary.

10) Limitations of liability

The Supplier assumes no responsibility for any services not provided due to force majeure, in the event that they are unable to fulfill the order within the times specified in the contract. The Supplier shall not be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for any malfunctions or failures related to the use of the internet outside their control or that of their sub-suppliers. The Supplier shall also not be liable for any damages, losses, or costs incurred by the Buyer as a result of the non-performance of the contract for reasons not attributable to the Supplier, with the Buyer being entitled only to a full refund of the amount paid. The Supplier assumes no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards during the payment for the purchased products, provided that the Supplier has taken all ordinary precautions at the time and based on ordinary diligence.

11) Liability for defects, proof of damage, and compensable damages: Supplier’s obligations

The Supplier cannot be held liable for the consequences arising from a defective product if the defect is due to the compliance of the product with a mandatory legal requirement or a binding measure, or if, at the time the product was put into circulation, the state of scientific and technical knowledge did not yet allow the product to be considered as defective. No compensation will be due if the injured party was aware of the defect of the product and the resulting danger and nevertheless voluntarily exposed themselves to it. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is a product normally intended for private use or consumption and is mainly used by the injured party. The damage to property referred to in Article 123 of the Consumer Code will only be compensable to the extent that it exceeds the amount of three hundred and eighty-seven euros (€387).

12) Warranties and assistance methods

The Supplier is responsible for any verified defect or fault in the product that is attributable to them, provided that such defect or fault has been reported by email, accompanied by relevant photos, to the email address difilostore@gmail.com within 48 hours of receiving the goods. Reporting is not necessary if the seller has acknowledged the existence of the defect or concealed it.

Regarding the warranties of conformity for the purchased products, the legal guarantees provided by law are also applicable to the sale of products governed by these general conditions. In the event of non-conformity of the delivered products, Articles 129, 130, and 131 of the Consumer Code shall apply.

13) Obligations of the buyer

The Buyer agrees to pay the price of the purchased goods within the times and methods indicated in the Contract. Once the online purchase procedure is completed, the Buyer agrees to print and keep the webpage containing the order details. The information contained in this contract has already been viewed and accepted by the Buyer, who acknowledges this, as a reference to this webpage is provided at the time of finalizing the order.

14) Right of withdrawal

The Buyer has the right to withdraw from the concluded contract, without any penalty and without specifying the reason, within a period of 14 (fourteen) days from receiving the item, bearing the necessary shipping costs for the return. If the Buyer decides to exercise the right of withdrawal, they must notify the seller via email to difilostore@gmail.com. The only costs payable by the buyer for exercising the right of withdrawal under this article are the direct costs of returning the goods to the difilo.it store. difilo.it will refund the amount due to the Buyer (equal to the amount paid for the purchase of the product, including the shipping costs of sending the goods) following the withdrawal within 30 (thirty) days from the receipt of the withdrawal notice, provided that within this period the goods have been returned in their original condition and unworn. The Buyer must ship the returned goods to the following address: BAG Maglierie srl; Via U.Foscolo 4A, 06053 Deruta, Perugia, Italy.

15) Contract archiving methods

Pursuant to Article 12 of Legislative Decree no. 70/03, the Supplier informs the Buyer that each order placed is stored digitally on the server where the website is hosted according to confidentiality and security criteria.

16) Communications and complaints

Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the address Bag Maglierie s.r.l., Via U. Foscolo 4A, 06053 Deruta, Perugia, or sent via email to difilostore@gmail.com. The Buyer indicates their residence and domicile, telephone number, or email address in the registration form to which communications from the Supplier should be sent.

17) Dispute resolution and applicable law

Any disputes arising from this contract, if the Parties intend to resort to ordinary Judicial Authority, shall be subject to the jurisdiction of the court of the place of residence of the Buyer.

This contract is governed by Italian law.

18) Duration and effectiveness of contractual conditions

Confirmation of the order implies the Buyer’s acceptance of these general conditions.

These conditions may be updated or modified directly by transcribing the new provision on this website. The modification or update will be valid and effective for orders that have not yet been placed and for which the order summary webpage has not yet been displayed and printed.