CONDITION OF SALE DARKPARK
- OBJECT AND PRE-CONTRACTUAL INFORMATION
The following General Conditions of Sale regulate all sale contracts finalized between the Seller and the Client through the Website.
Every purchase is regulated by the General Conditions of Sale in the version published on the Website at the time of the order by the Client. The Client is required to view the following General Conditions of Sale and accept them, in particular the pre-contractual information, before confirming the order. The Website is committed to the sale to Consumers, if one or more sales to persons who do not qualify as Consumers occurs, these General Conditions of sale will apply, but with the following waivers:
- the Buyer will not have the right to withdraw from the purchase as in art. 10 in the present Conditions of Sale;
- the Buyer will not benefit of the guarantee on the products as in art.8 of the present Conditions;
- the Buyer will not benefit of all the legal safeguards that protect the Consumer and are guaranteed by law.
When transmitting an order, the Customer accepts that the confirmation of the information about the order and these Terms and Conditions of Sale are sent via e-mail to the address stated when signing in on the Site, or during the purchasing process. In order to purchase through the Site, the Customer must have the legal age (18 years). Any costs for the Internet connection to the Site, including the telephone, are the sole responsibility of the Customer according to the rates applied by the operator selected by the Customer. The Customer, prior to the conclusion of the purchase contract, examines the features of the goods that are described in the individual product data sheets at the time of selection by the Customer.
Prior to the conclusion of the purchase contract and before the confirmation of the order with "payment obligation", the Customer is informed regarding:
- Total price of the goods inclusive of taxes, with details of postage and any other costs;
- Mode of payment;
- The period within which the seller agrees to deliver the goods;
- Terms, conditions and procedures for exercising the right of withdrawal;
- The existence of the legal guarantee for goods purchased;
- Terms of after-sales service and commercial warranties provided by the Seller.
The Customer may at any time before the conclusion of the contract, take note of information concerning Darkpark, geographical address, phone number, email address, information that is reported, including the following:
DARKPARK S.R.L. P.LE BIANCAMANO, 2 20121 MILANO ITALY (email@example.com P.IVA IT11765470965).
- FEATURES OF PRODUCTS AND THEIR AVAILABILITY IN DIFFERENT GEOGRAPHICAL AREAS
Products are sold with the characteristics described on the Site and in accordance with the terms and conditions of sale posted on the Site at the time of the order by the Customer, to the exclusion of any other term or condition.
The Seller reserves the right to change these terms and conditions of sale at any time at its sole discretion, without providing prior notice to Users of the Site. Any changes will be effective from the date of publishing on the website and will apply only to sales concluded on or after that date.
Prices, products for sale on the Site and their characteristics, are subject to change without notice. Before sending the purchase order, the Customer is asked to verify the final sale price. Site users can access all over the world, and the Site may contain references to products that are not available or cannot be purchased in the country of the visitor to the Site. The Products purchased on the Site are available only to users who, in the section of the website dedicated specifically, require the delivery in one of the countries that are listed on the site.
- COMPLETION OF CONTRACT
The offers on www.darkpark.it are not binding on the Seller and do not constitute an offer to the public, but simple ‘invitatio ad offerendum’. The order of the Customer has the value of a binding contract. The order is accepted by the Seller with a receipt sent via e-mail, which contains a list of the conditions of sale, a description of the product features, the essential elements of the contract (price, mode of payment). The contract is concluded and becomes binding when the Customer receives the order receipt. The order and the receipt of the Order shall be deemed to be received when the parties to whom they are addressed are able to access electronic messages. In the event that the Customer does not receive an e-mail within 2 business days after posting the receipt of the Order by the Seller or any other communication, the Customer is required to contact the seller via the address: firstname.lastname@example.org
- PURCHASE OF PRODUCTS
The Products displayed on the Website are purchased by selecting them and by inserting them into the cart. Once the Client has selected the Products and wants to purchase those placed in the cart, the Customer will be asked to provide the data required in order to allow the completion of the Contract. In particular, the Customer will be required to provide their personal details: e-mail address, address for the delivery of the Products, billing address, tax code/ fiscal code and a telephone number where the Customer can be contacted in order to inform him of the possible date of delivery of the Products. If the Customer opts for the mode of payment by credit card, he will be required to communicate the details of the credit card via secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the details given by the Customer. In case of payment by credit card, the purchase amount will be charged to the Customer after the order is completed on the site. The Customer may pay for the Products ordered through one of the payment methods indicated on the Website.
Under art. 51 of the Consumer Code, we inform the Customer that the order entails the obligation to pay.
- DELIVERY OF GOODS
The Seller ships via courier (DHL). As required by the rules of the trade, shipments are accompanied by official invoice stating the value of the individual items.
Date of Delivery
The Sellers guarantee to do everything in their power in order to respect the delivery times indicated on the Site and, in any case, to deliver within a maximum of thirty (30) days from the day following the date on which the Customer has sent the order and after confirmation of payment. In case of non-execution of the order by the Seller, due to the temporary unavailability of the Product, the Seller shall provide written notice to the Customer and will refund any amount already paid by the Customer for the payment of the Product according to the following paragraph.
The website indicates the availability or unavailability of the Products, if a product ordered by a Customer is not available for delivery despite the confirmation of the order, and confirmation of payment, the Customer will be promptly refunded. Orders are shipped by the Seller from Monday to Friday from 9 am – 14 pm. Orders placed during the weekend will be processed on the following Monday. The delivery of the purchased products occurs within an average 3 working days for orders from Italy and within 5 working days for all other destinations. During discount sales and holiday season the shipping time can take longer. The products will be delivered in any case within 30 days under the terms of the law. It is possible to ship goods to Italy, to the European Community and to countries outside the European Community. The shipment of the Products ordered by the Consumer will be in the mode selected by the Customer, among those available, and indicated on the Site at the time of the order. The Customer agrees to check without delay, and in any event not later than three (3) days from receipt of the Products, the correctness of the delivery and the inclusion of all and only the Products purchased within that period, and to inform the Seller of any defective Products received or the differences from the order placed. If the package or the packages of products ordered by the Customer reach their destination in a visibly damaged condition, the Customer is asked to refuse the delivery by the shipping agent or to sign a "Goods unchecked” delivery.
Once the deadline referred to in the preceding paragraph is reached, without the Customer having made claims against the shipping agent, the Products delivered shall be deemed finally accepted by the Client.
6. DELIVERY CHARGES
The payment of the price of products purchased through the Website shall be made within the deadline of 72 hours from the date of transmission of the order confirmation by the Seller to the Customer. The Customer expressly agrees that the execution of the Contract by the Seller shall start at the date the money transfer is received on the Seller’s bank account.
The Seller accepts payment by Credit Card and PayPal. Prices shown on the Site are in Euros (€), Dollars ($) and Great Britain Pounds (GBP), and they are inclusive of VAT unless you have selected an alternative country where VAT is not chargeable.
Customers purchasing from an Extra-Cee country will be charged for the items purchased (VAT excluded) and shipping costs only.
Please be aware that some shipments may experience delays due to the customs clearance process, which are outside of our control.
It is possible to pay using credit cards and PayPal.
The Customer is given the option to pay for purchases by using a Verified PayPal account.
The Seller accepts payments from verified accounts and reserves the right to ship the goods to the address of the account verified by PayPal.
Payments from verified PayPal accounts can NOT be canceled.
Under the European Directive 44/99/EC and the Italian Legislative Decree n. 206/2005 (Consumer Code) and the rules and regulations referred to in Articles 128, 129, 130, 131, 132, 133, 134, 135 and subsequent amendments to the Decree. 206/2005, under which the Seller guarantees to the Customer, who qualifies as a “Consumer”, that the Products will be free from defects in design and material and conform to the descriptions posted on the Site. The application of any guarantee does not apply in case the use or the cleaning of the product does not comply with the instructions and warnings provided by the Seller and/or in the description on the tags or labels.
The Customer will examine the products in the shortest possible time and will send to the Seller, by e-mail or registered mail, an explicit complaint with an indication of the defect and/or non-compliances identified, and the relevant documentation as indicated in the return form (at least one photograph of the product, the order confirmation sent by the Seller and the receipt).
Following the receipt of the form and accompanying documentation, the Seller will assess the defects or non-compliance reported by the Customer and, after making quality checks to verify the non-conformity of the Product, will, at their discretion, decide whether to authorize the return of the Product by the Customer, contacting the Customer via e-mail at the address provided by the latter during the process of registration on the Site. Authorization to return the Products shall not constitute in any way recognition of defects or non-compliance, existence of which will be confirmed after the return.
The Products for which the Seller has authorized the refund will be sent by the Client, together with a copy of the return authorization within 30 (thirty) days of notification of the defect or non-conformity to the following address: DARKPARK S.R.L. Via Cusani 5, Milano ITALY.
- PRODUCT LIABILITY
The provisions laid down in Directive 85/374/EEC regarding damage caused by the product, apply. The Seller, as the distributor, is freed from responsibility by indicating the name of the manufacturer.
- RETURNS AND RIGHT OF WITHDRAWAL
Instructions on withdrawal - under art. 49, paragraph 4 - Right of withdrawal
The Customer, who qualifies as a “Consumer”, has the right to withdraw from the contract without giving any reason, within 14 days from the date the Customer (or a third party appointed by him) has received the product or, in the case of multiple products delivered separately with a single order, has received the final product.
Customers wishing to exercise the right of withdrawal must notify the Seller by written declaration, which can be sent by registered mail or via email to email@example.com.
Within 14 days of the order’s delivery date, the customer must return the product to the Seller in accordance with the terms and conditions laid down in this Article.
In case of withdrawal, the Customer will be refunded the payments he made, without undue delay and, in any case, in not more than 14 days. Such refunds will be made using the same method of payment used for the initial transaction. In this case, he will be charged for any additional costs resulting from the different means of payment chosen. Eventual Shipping expenses are not refundable. The refund may be suspended until receipt of the Product, or until the Customer can prove having sent back the goods, whichever occurs first.
Note: Customers who purchase with a VAT registration number cannot exercise the right of withdrawal.
Terms of Withdrawal
The withdrawal is subject to the following conditions:
- a) The product must be returned to the Seller, undamaged, not used, washed, stained or damaged and must be returned in original packaging, complete in all its parts (including packaging and any documentation and accessories). To limit damage to the original package, we recommend, if possible, to put it in another box on which the address of the Seller will be written.
- b) The product must be returned to the Seller with all the original labels and identification tags affixed to it;
- c) The attachment of labels or tape directly on the original packaging of the product should be avoided in all cases.
The Seller reserves the right to verify full compliance with the above conditions and goods which do not comply with the above conditions will not be accepted or refunded.
The user data is protected to the extent possible against loss, falsification, manipulation and misuse by third parties. We guarantee:
- the highest level of reliability and safety to assure Customers that the site is secure
- that the information submitted through the web browser or other devices remain confidential.
- FORCE MAJEURE
The Seller shall not be liable in the event of a total or partial default of its obligations arising from any contracts concluded under the present general conditions of sale, if such failure is caused by unpredictable events and/or natural events beyond its reasonable control, including, without limitation but not limited to, catastrophic natural events, acts of terrorism, war, riots, lack of electricity, the general strike of workers in public and/or private, strike and / or restrictions on the viability of couriers and air links.
- GOVERNING LAW AND JURISDICTION
Any contract of sale concluded between the Seller and the Customer in accordance with these general conditions of sale shall be governed by, and construed in accordance with, Italian laws. In any case, they will be granted without prejudice to any further rights granted to Customer by mandatory provisions of law in force in the State of residence of the latter.
Any disputes will be settled by the Court in Milano, except in cases where such provision is not applicable due to the mandatory rules of law in force in the country of residence of the Customer.
- VALIDITY OF CLAUSES
The headings of the terms used here are purely indicative and have no effect on the identification of the contents and interpretation of this contract.
These General Conditions of Sale shall not affect the rights conferred by Italian law to the Consumer.
In the event that any provision, or part of any provision, of these terms and conditions, should be held to be invalid because it is inconsistent or contrary to the rule of law, all other provisions of this Agreement, or parts of the same provision, shall remain in full force and effect.
- FINAL PROVISIONS
The Customer acknowledges that he or she has not been induced to accede to this contract by prior oral statements.
If any of these Terms and Conditions should be invalid or become invalid at a later date, this does not affect the validity of the remainder of this contract. In this case, the invalid clause is replaced with a term that represents it as closely as possible in intent and economic purposes or with the appropriate legal provisions. The Seller reserves the right to amend these terms and conditions at any time. The amended general terms and conditions are made available on the website http://www.darkpark.it