TERMS AND CONDITIONS FOR ONLINE SALES (“TERMS”)
Thank you for choosing DOMAGIC for your purchase. DOMAGIC is governed by DOMAGIC S.R.L., an Italian company with registered office at Via Brondolo 13/i – 30015 Chioggia (VE), REA VE – 423302, VAT NUMBER IT04517350270.
These are the terms and conditions governing the use of this website and the agreement that operates between us and you. The Terms set out the rights and obligations of all users (hereinafter, “Customer”/“You”) and those of DOMAGIC S.R.L. (hereinafter, “us” / “our” / “we” / “the Vendor”) and DOMAGIC (the platform that is identified by www.domagic.it, where you can purchase).
Subject of the Agreement
By using this website or placing an order through it, You are consenting to be bound by these Terms and our Privacy Statement. If You do not agree to all of the Terms and the Privacy Statement, do not place an order. These Terms may be subject to amendment, so You should carefully read them prior to place any order.
According to the general terms DOMAGIC S.R.L. is the “seller” and the CUSTOMER is the “buyer”. The CUSTOMER only buy through the website https://www.domagic.it/en/.
You confirm that You are of full age or have received parental permission and that You have the legal capacity to enter into a contract and to subsequently place an order on https://www.domagic.it/en/.
Should you have any questions concerning an online purchase, please contact the customer service.
The Parties agree that their relationship will be governed exclusively by these General Terms and Conditions of Sale.
After your order You will receive an e-mail with the order confirmation and you can download a copy of the general terms according to Article 51 paragraph 1 of Legislative Decree n. 206/2005, modified by Legislative Decree n. 21/2014.
These Terms and Conditions may be varied. Accordingly, the Parties agree that their relationship will be governed by the Terms and Conditions applicable on the Website on the day in which the order is placed.
These General Terms and Conditions of Sale will apply from the date they are posted online. Moreover, they will be apply according to: Part III, Title III, Chapter I of the Consumer Code, Legislative Decree n. 206/2005, modified by the Legislative Decree n. 21/2014 and by the Legislative Decree n. 70/2003 regarding e-commerce.
Pre-contractual information for the customer – art. 49 oh the Legislative Decree n. 206/2005
The generation of an order confirmation e-mail means that we has accepted your order. This will form the sales contract between the Parties.
As soon as your order is ready to be dispatched, we will send You an e-mail confirming that your order has been dispatched.
Before accepting the sales contract, please carefully check the technical specifications of the items.
Any additional charges will be included in the summary of your order and displayed on-screen before the order is finally confirmed.
All below information will be displayed before the conclusion of the sales contract and before the order validation with “payment obligation”:
- Full price VAT and shipping cost included and other optional services selected by the Customer, for which there will be an additional charge;
- method of payment;
- shipping time;
- right to withdrawal (see point 6 of general terms) and attached file I Part B of the Legislative Decree n. 21/2014;
- right to withdrawal at your expense;
- legal warranty terms;
- our warranty and post-sales service.
Every time you need, and before accepting the processing of your order you can check DOMAGIC S.R.L. details, address, phone and fax number, email address.
DOMAGIC S.R.L., registered office Via Brondolo, 13/I – 30015 – Chioggia (VE). Tel. +39 041 5610581 – Fax +39 041 4761112 – PEC: [email protected]
As soon as your order is ready to be dispatched, we will send You an e-mail confirming that your order has been dispatched.
The e-mail will display your details, order number, price, shipping cost and address. Please check them and let us know as soon as possible.
DOMAGIC S.R.L. will display each item in the website in the best way. Anyway, it may happen that some mistakes or little differences between the image and the real item may appear. For this reason the photos cannot be used as agreement part, they only show the item itself.
DOMAGIC S.R.L. is expected to ship the items, limited to Italy and San marino:
- if marked with “Available”, within 15 days after CUSTOMER confirmation e-mail (for European Union and Swiss shipping time will be within 60 days after CUSTOMER confirmation e-mail is sent);
- if marked with “Available on demand”, within 45 days after CUSTOMER confirmation e-mail (for European Union and Swiss shipping time will be within 60 days after CUSTOMER confirmation e-mail is sent);
Availability of products
The availability of products refers to the actual availability at the time you place an order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before the order is confirmed. Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the unavailable product: the order will be immediately notified via e-mail. If you request the cancellation of the order, by resolving the contract, we will refund the amount paid within 14 days from the day on which we were aware of your decision to terminate the contract.
Method of payment
You can pay for your goods by bank transfer, using the credit cards listed on DOMAGIC, via Paypal or cash on delivery . Every payments made on DOMAGIC are secure and made through protected lines. The total price of your selected products and services will be debited from your bank account once your order is available in the warehouse and collection by the warehouse staff has been completed.
If an anti-fraud check is carried out to ensure the security of customer transactions, we may ask You to provide order validation documents by fax or e-mail, such as one or more documents containing proof of your address and/or a copy of your identity card, before your order is confirmed.
The prices displayed by default on the Website are stated in Euro and include all charges applicable and RAEE charges, if required. VAT is applied at the rate applicable on the order date.
Product prices displayed on Domagic.it exclude postage/shipping, the cost of certain packaging and other optional services selected by the CUSTOMER, for which there will be an additional charge.
Any additional charges will be included in the summary of your order displayed on-screen before the order is finally confirmed.
You accept that DOMAGIC S.R.L. can change or modify the prices in each moment. However, the CUSTOMER will pay the amount invoiced at the moment of the order confirmation sent by e-mail from us to the CUSTOMER.
If an item does not correspond to the item You ordered (incorrect model, size, colour or reference), or in case of a computer, manual or technical price mistake for which DOMAGIC S.R.L. is not responsible, the order will be not valid and delated. Then, You will be refund within 14 days.
Right to cancel
In accordance with applicable legislation, You have a period of 14 clear days from receipt of your order in which to cancel.
If you follow the returns procedure described above you must send an explicit declaration of your will to DOMAGIC S.R.L. with a registered mail or fill the withdrawal form, see attached form I, Part B, Legislative Decree n. 21/2014 (please fill it only in case of withdrawal will).
Hereby I declare that I want to notify the will of withdraw from my/our (*) sales contract of these items/services (*):
DOMAGIC S.R.L., Via Brondolo, 13/i – 30015 – Chioggia (VE),
Telephone & Fax: +39 041-5610581
e-mail: [email protected]
- Ordered (date) (*)/received (date) (*)
- Name and Surname
- Signature (only for paper version)
Delete the unused wording
If you wish to cancel or return your order, please ship back the items which you wish to return to DOMAGIC S.R.L., warehouse of Chioggia (VE), Via Brondolo 13/i, 30015 – Chioggia (VE), within the 14-day period according to Article n. 57, Legislative Decree n. 206/2005. We will provide a refund attempting to use the same method you used to make the payment (or, if the items have not yet been paid for, reflect the return of the items in your account balance) within a period of 24 days. The cost of return shipment is charged to the Customer. The item must be returned in the same condition it was in upon your receipt. This means the item must not have been damaged, soiled, altered and that any labels or tags and user manual must remain attached and be intact.
According to Article 50, Chapter 3 of the Legislative Decree n. 206/2005, modified by the Legislative Decree n. 21/2014 we will return your payment as soon as the items you purchased will be returned to our warehouse, or until the Customer prove us he has already sent the item to DOMAGIC S.R.L.
If there are defects in the goods you have purchased, if you have a complaint regarding faults in goods that we have supplied, including damages incurred in transit, please let us know by returning the goods to us without delay.
Once the item has been processed by us, which will check in particular whether it is covered by the sales warranty, that is two years. You must inform us within two months after you found the damage with the return procedure through www.domagic.it/en.
All the items you find in DOMAGIC have their own commercial warranty (you can find it specified in each PDF specification sheet), as well as the compliance warranty, that is 2 years.
To enjoy the warranty assistance please store your receipt and print it.
For your purchase to be delivered to UE Countries (including Switzerland), the parcel will be delivered through the courier to your home address, or to the alternative address you may enter.
We will issue you the receipt for your orders.
The receipt will be available for the printing after the order has been dispatched. It will contain the information you entered during the purchasing procedure. After the receipt has been issued it will be not possible to modify it.
DOMAGIC S.R.L. has no resposibility for the delay in online and Internet services and accidents occurrences due to force majeaur by which your order cannot be fulfilled within the established time.
DOMAGIC grants users simple access to the website for navigation and purchase. Users cannot enter the website for any other purposes, especially commercial purposes of the website itself or its content.
Content on the Site is subject to property rights protected under the intellectual property, including copyright, designs, trademarks, domain names, patents, know-how, software or database rights. DOMAGIC retains ownership of all such content and associated rights.
This license does not grant users any other right, particularly any right of commercial exploitation of such Content.
All content is subjected to intellectual property rights of DOMAGIC S.R.L.
General terms and conditions
These General Terms and Conditions of Sale comprise all of the clauses herein. No forbearance in relying on a clause of these Terms and Conditions at any time will constitute a waiver of the right to subsequently rely on those clauses. If one clause is invalid, the other clauses will remain valid.
These General Conditions of Sale are governed by Italian law. Any dispute that can not find amicable solution will be subject to the exclusive jurisdiction of the courts of the place of residence or domicile of the Customer, if located within the State. In any case, you can optionally use the mediation procedures referred to in Legislative Decree n. 28/2010, for the resolution of all disputes arising from the interpretation and execution of these terms of sale.
Online dispute resolution for consumers (ODR)
The consumer residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumers to resolve in a non-judicial manner any dispute relating to and/or deriving from contracts for the sale of goods and services stipulated on the web. As a consequence, if you are a European consumer, you can use this platform to resolve any dispute arising from the online agreement. The dispute resolution platform established by the European Commission can be reached at the following link: https://ec.europa.eu/consumers/odr/.