Conditions of Sale
General terms and conditions of sale
1.1. These general terms and conditions of sale (hereinafter also the ‘Terms and Conditions’) apply to the purchase of products under the ‘Dondup’ brand (hereinafter ‘Products’) or in the singular’ Product’) performed through the www.dondup.com e-commerce site (hereinafter the ‘Website’), fully illustrated therein, by Users who qualify as ‘Consumers’ pursuant to Article 1.2 below and sold by Arcadia Srl (hereinafter the ‘Vendor’), with registered office in Milan, Corso Buenos Aires 54 - 20124, T ( +39) 02 76317357, F (+39) 02 76316622, tax code, VAT number 06710600963 and Milan Business Register number 1910442 email email@example.com - CEM firstname.lastname@example.org, owner of the Website. However, these Terms and Conditions do not govern the sale of products or services by parties other than the Vendor who are present on the Website through links, banners or other hypertext links. The Vendor shall not be liable for the supply of goods and services by third parties.
1.2. The Vendor deals in its own name and on its own behalf with the sale of Products through the Website. Purchases of Products made through the Website will be between Arcadia Srl, as Vendor, and the person who purchases one or more Products for purposes not related to their business, commercial, handicraft or professional activity, as Buyer (hereinafter referred to as the ‘Consumer’, ‘1.2. (Vendor and Consumer are hereinafter collectively referred to as the ‘Parties’).
1.3. The Vendor is the owner of the rights to the Website’s domain name, logos and trademarks relating to the Products presented on the Website, as well as the copyright on the Website’s content.
1.4. Any communication from the Consumer connected and/or related to the purchase of the Products - including possible reports, complaints, requests concerning the purchase and/or delivery of the Products, and the exercise of the right to withdraw, etc. - shall be sent to the Vendor at the addresses and following the procedures specified on the Website and at the email address email@example.com .
1.5. Each purchase is governed by the General Terms and Conditions of Sale in the version published on the Website when the Consumer submits the order.
1.6. The Website is dedicated to retail and as such is intended exclusively for Consumer use. Anyone who is not a Consumer is requested not to place purchase orders. If one or more sales are made to someone who does not qualify as a Consumer, these Terms and Conditions shall apply, but in derogation thereof:
a) the Buyer shall not be entitled to the right of withdrawal referred to in Article 10; 10;
b) the Buyer shall not be entitled to benefit from the warranty on the Products indicated in Article 8;
c) the Buyer shall not be accorded any other protections, provided herein in favour of the Consumer that reflect or comply with mandatory statutory provisions;
d) Italian law shall govern the Contract of Sale between the Vendor and the Buyer,excluding the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7. At the same time as transmitting the purchase order, the Consumer accepts that confirmation of the information relating to the order placed and these Terms and Conditions will be sent to them by email to the address declared by them when registering on the Website or during the purchase process.
1.8. To make a purchase on the Website, the Consumer must be of legal age (18 years) and have the legal capacity to act, which the Consumer declares to have by placing an order on the Website.
1.9. The Consumer shall bear any costs for the internet connection to the Website, including telephone costs, according to the rates applied by the operator the Consumer selects.
2. Characteristics of the Products and their availability in different geographical areas
2.1. The Products are sold with the characteristics described on the Website and under the Terms and Conditions published on the Website current when the Consumer places the order, excluding any other condition or term.
2.2. The Vendor reserves the right to amend these Terms and Conditions at any time, at its discretion, without having to provide any prior notice to Website users. Any amendments will be effective from the date of publication on the Website and will only apply to sales concluded from that date.
2.3. Prices, the Products for sale on the Website and/or their characteristics may be subject to change without notice. Such changes only apply to orders not yet confirmed at the date of the change. Before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
2.4 The Website can be accessed from anywhere in the world. However, the Products available on the Website can only be purchased by users who request delivery in one of the countries indicated on the Website.
2.5 Although the Vendor continuously acts to ensure that the photographs and/or images shown on the Website are faithful reproductions of the Products, including by adopting every technological solution possible to minimise inaccuracies, variations are always possible due to the technical characteristics and colour resolution features of the computer used. Consequently, the Vendor shall not be liable for any inadequacy of graphic representations of Products shown on the Website if due to the said technical reasons since such representations are merely illustrative.
3. How to purchase Products - Completion of each purchase contract
3.1. The presentation of the Products on the Website, which is not binding on the Vendor, is merely an invitation to the Consumer to make a contract proposal to purchase and not an offer to the public.
3.2. The purchase order the Buyer sends to the Vendor through the Website counts as a contract proposal and is governed by these Terms and Conditions, which form an integral part of the order itself and which the Buyer, by transmitting the order to the Vendor, is obliged to accept in full and unreservedly. Before purchasing the Products, upon submission of the purchase order, the Consumer will be asked to carefully read and approve these Terms and Conditions and read the notice on the right of withdrawal, to print a copy using the print command and to save or reproduce a copy for their personal use. Furthermore, the Consumer will be asked to identify and correct any mistakes made when
entering their data.
3.3. The Buyer’s purchase order is accepted by the Vendor when an email confirming the order is sent to the Consumer, at the email address the latter declared to the Vendor when registering with the Website or when sending the order if the Consumer is not registered with the Website. This shall contain a link to the text of these Terms and Conditions, a summary of the order placed, including a detailed indication of the price, shipping costs and applicable taxes, and a description of the characteristics of the Product ordered. The Consumer’s order, the Vendor’s order confirmation and the Terms and Conditions applicable to the relationship between the Parties will be electronically filed by the Vendor in its computer systems. The Consumer may request a copy thereof by sending an email to the Vendor at firstname.lastname@example.org.
3.4. Any contract for the purchase of Products will be deemed concluded when the Consumer receives an email order confirmation from the Vendor. However, the Vendor reserves , the right, before sending the order confirmation, to request by email or telephone further information regarding the contract proposal received.
4. Product selection and purchase procedure
4.1. The Products presented on the Website may be purchased by selecting the Products of interest to the Consumer and placing them in the virtual shopping cart. Once the Products have been selected, to purchase items in the shopping cart, the Consumer will be invited to (i) register on the Website, providing the requested data, or (ii) log in if the Consumer is already registered, or (iii) provide their data to complete the order and allow the conclusion of the Contract. If the data given in the order differs from that provided when registering on the Website, the Consumer will be asked to confirm their data (by way of example but not limited to: first name, surname, etc.), the address where the selected Products are to be delivered, the billing address and, optionally, a telephone number where they can be contacted for any communications relating to the purchase. The consumer will see a summary of the order to be fulfilled, the contents of which may be modified: Therefore, after reading them carefully, the Consumer shall expressly approve these Terms and Conditions, using the appropriate check-box on the Website. Finally, by clicking on the ‘Confirm’ button, the Consumer will be asked to confirm their order, which will be finally sent to the Vendor and produce the effects described in section 3.2. above. The Consumer will also be asked to choose one of the available shipping and payment methods. If the Consumer decides for immediate payment (at the same time as the purchase) by credit card, PayPal, AmazonPay, immediate bank transfer or any other means of immediate payment that may be made available by the Vendor, they must communicate the relevant data via secure connection. For accounting and administrative purposes, the Vendor reserves the right to verify the details given by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively when the order confirmation is transmitted from the Vendor to the Consumer.
4.2. If, during the Product selection procedure on the Website referred to in point 4.1 above, the Consumer discovers that the price of one or more of the Products they intend to select for purchase is noticeably lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem on the Website, they are requested not to complete their purchase order and to report the said technical error to the Vendor’s Customer Service by sending an email to the Vendor’s email address. email@example.com.
5. Delivery and acceptance of goods
5.1. The Website indicates the products’ availability and delivery times. However, such information is considered purely indicative and not binding on the Vendor.
5.2 The Vendor undertakes to do everything within its power to comply with the delivery times indicated on the Website of the confirmed orders and to deliver within a maximum of 30 (thirty) days starting from the working day following the day on which the Consumer placed the order. If the Vendor fails to fulfil the order, due to the unavailability, even temporary, of the Product, it shall inform the Consumer in writing and shall reimburse any sums already paid by the Consumer for payment of the Product pursuant to paragraph 5.3 below. If the Consumer has chosen bank transfer as the payment method, the delivery term shall start from when the Vendor receives the amount.
5.3. The Products ordered by the Consumer will be shipped in the manner selected by the Consumer from among those available and indicated on the Website at the time the order is sent. The Consumer undertakes to promptly and as soon as possible check that the delivery includes all and only the Products purchased. They will promptly inform the Vendor of any defect in the Products received or their non-conformity concerning the order placed under the procedure outlined in Article 8 of these Terms and Conditions, failing which the Products will be deemed accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/freight forwarder or to accept delivery ‘with reservation’.
6. Prices, shipping costs, duties and taxes
6.1. Product shipping costs are displayed on the Website when the Consumer places their order. Prices include standard packaging costs, VAT (if applicable) and indirect taxes (if applicable).
6.2. The Consumer shall pay the total price to the Vendor, as stated in the order and in the order confirmation the Vendor emails to the Consumer.
6.3. If the Products are for delivery to a non-European Union country, the total price given in the order and confirmed in the order confirmation, including VAT and any indirect taxes (if applicable), does not include customs duties and any other sales taxes. The Consumer undertakes as of now to pay these, if due, in addition to the price given in the order and reiterated in the order confirmation, according to the legal provisions of the country to which the Products will be delivered. The Consumer is invited to inquire at the competent bodies in their country of residence or destination of the Products for information on any duties or taxes applied in their country of residence or that of the destination of the Products.
6.4. The Consumer is solely responsible for any additional costs, charges, taxes and/or levies that a given country may apply for any reason to the Products ordered under these Terms and Conditions.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or levies referred to in paragraphs 6.3. and 6.4. above, when sending an order to the Vendor, shall not constitute grounds for termination of this Contract and they shall not in any way be able to charge the said charges to the Vendor.
7.1. Payment for Products purchased through the Website, plus the shipping costs and any other charges due shall be made within the essential term of 10 (ten) days from the date the Vendor sends the order confirmation to the Consumer. The Consumer expressly accepts that the Vendor’s performance of the Contract shall commence when the price of the Product (s) purchased is credited to the Vendor’s current account.
7.2. Payment can be made by credit card via PayPal, AmazonPay, bank transfer or any other means of immediate payment that the Vendor may make available under the Terms and Conditions described below. The Vendor may allow additional payment methods, stating them in the payment section of the Website.
7.3. If the payment is by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Stripe Payments Europe , Ltd. , with registered office in Dublin (Ireland), One Spencer Dock, North Wall Quay, Dublin 1 Ireland, an operator that deals with payments on behalf of the Vendor. The transmitted data will be sent securely via SSL (SecureSocketLayer) encrypted data transfer. Such data is not even accessible to the Vendor.
7.4. If payment is made by bank transfer to the Vendor, the Consumer shall indicate the ‘Swift’ and ‘IBAN’ codes shown in the order confirmation, along with the order number.
7.5. If required by applicable law, the Vendor shall promptly transmit to the Consumer in electronic format via email to the address declared by the same, the tax receipt for the purchase made, if the Products purchased are to be delivered within Italy, or attached in paper format to the Products purchased, in all other cases.
7.6. If you buy with Scalapay you will receive your order immediately and pay in the number of installments you have chosen. You acknowledge that the installments will be sold to, and purchased from, Incremento SPV s.r.l, its related parties and assigns, and you hereby authorize and consent unconditionally and irrevocably to such sale and purchase.
8. Vendor’s Legal Guarantee of Conformity, reporting of conformity defects and warranty interventions
8.1. Pursuant to and for the purposes of European Directive 771/2019/EC and Italian Legislative Decree No. 206/2005 (hereinafter ‘Consumer Code’), the Vendor guarantees the Consumer that the Products will be free from defects in design and material and shall comply with the descriptions published on the Website for a period of two years from the date of their delivery to the Consumer. No warranty shall be applied if the Product is used or washed in a manner that is not in conformity with the Product’s intended use and with the relevant instructions/warnings provided by the Vendor or set out in the relevant illustrative documentation, tags or labels. The Vendor also guarantees that the goods are of the quantity, quality, durability, functionality, compatibility and safety ordinarily found in goods of the same kind.
8.2. The Consumer can report any defects and non-conformities by emailing to the Vendor’s Customer Service at firstname.lastname@example.org, the appropriate form correctly filled out (click here to download the return form for defective Product) . They should specify the defect and/or non-conformity found and the relevant documentation shown in the return form (at least 8.2 (one) photograph of the Product, the order confirmation sent by the Vendor and/or the tax receipt). Claims for defects not wilfully concealed by the Vendor will be time-barred within twenty-six months after delivery of the Products to the Consumer.
8.3. Following receipt of the form and the relevant documentation, the Vendor will assess the defects and non-conformities reported by the Consumer through the Vendor’s Customer Service. After carrying out the qualitative checks to verify the Product’s effective non-conformity, the Vendor shall decide whether to authorise their return by providing the Consumer with a reply by email to the address provided by the latter during the registration process on the Website or when placing the order. Authorisation to return the Products shall in no way constitute recognition of defects or non-conformities. That shall be ascertained after their return. The Products whose return the Vendor has authorised must be returned by the Consumer, along with a copy of the return authorisation notice within 30 (thirty) days from the reporting of the defect or non-conformity, to the following address: ARCADIA SRL - VIA ACHILLE GRANDI 10 INT. 4 - 61034 FOSSOMBRONE (PU) - ITALY.
8.4. If there are ascertained defects or non-conformities, the Consumer shall have the right, at no additional cost, to have the Product restored to conformity by the Vendor, through repair or replacement, or to alternative remedies in the cases expressly provided for by the Consumer Code. The Vendor will bear all costs for the return of products acknowledged to be defective.
If the Vendor has undertaken to refund the price paid to the Consumer, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer’s responsibility to communicate to the Vendor, always by email at email@example.com, the bank details to make the transfer to them and ensure that the Vendor is in a position to return the amount due.
9. Liability for damage caused by defective products
9.1. The provisions of the Consumer Code shall apply to any damage caused by Product defects. The Vendor, in its capacity as distributor of the Products via the Website, absolves itself from any liability whatsoever, none excluded and/or excepted, by indicating, at the request of the aggrieved Consumer, the identity and domicile of the relevant manufacturer.
10. Right of withdrawal
10.1 Without prejudice to the exceptions outlined in article 59 of the Consumer Code, the Consumer will be entitled to withdraw from any contract concluded pursuant to these Terms and Conditions, without having to give any reason and without any penalty, within the term of 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of several Products delivered separately in a single order, the last Product has been delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform the Vendor, before the expiry of the period referred to in point 10.1 above, of their decision by accessing the dedicated page and entering the order number or tracking code and the postcode.
10.3 Further to the provisions of point 10.2 above, the Consumer shall receive an email confirming that they have exercised their right of withdrawal, containing, if they have in the meantime already received the ordered Product, the return form to be placed in the package, and the instructions for returning the Product, to be sent no later than the following 14 days to
VIA ACHILLE GRANDI 10 INT. 4
61034 FOSSOMBRONE (PU) - ITALY
10.4 If the Consumer has received the Product, they shall return it to the Vendor without undue delay and, in any event, within 14 days from the day they gave notice of withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14 days. The Consumer will bear the direct risks and costs of returning the goods and the proof thereof. If the Consumer exercises their right of withdrawal via the Website, they will be informed of any cost of returning the goods before confirming their request, should they wish to use the Website’s return service.
10.5 In the event of withdrawal, the Consumer will be refunded the payments made, including the delivery costs (except for the additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any event, no later than 14 days after receipt of the returned products at the Vendor’s warehouse. These refunds will be made using the same payment method the Consumer used for the initial transaction unless they request a refund via a different payment method. In the latter case, any additional costs deriving from choosing another payment method will be at the Consumer’s expense. The refund may be suspended until receipt of the goods or until the Consumer proves that they have returned the goods, whichever is earlier.
10.6 The Consumer is liable for the decrease in value of items resulting from handling other than that necessary to establish the items’ nature, characteristics and functioning. Therefore, if the returned goods are damaged (e.g. with signs of wear and tear, abrasion, scratches, deformations, etc.), not complete with all their elements and accessories (including labels, security tags and tags unaltered and attached to the Product), not accompanied by the enclosed instructions/notes/manuals, original packaging and packing and the warranty certificate, if any, the Consumer will be liable for the decreased value of the goods, and will be entitled to a refund of the amount equal to the Product’s residual value. Therefore, to this end, the Consumer is requested not to handle the goods any more than is strictly necessary to establish their nature, characteristics and functioning and to cover the original wrapping of the Products with other protective packaging that preserves their integrity and also protects them from writing or labels during transport.
11. Intellectual Property Rights
11.1. All intellectual property rights relating to trademarks, names, and any distinctive sign, name, image, photograph, written or graphic text used on the Website or relating to the Products are governed by Article 5 of the General Terms and Conditions of Use of the Website (available at link).
12. Consumer Data and Privacy Protection
12.2. The Consumer declares and guarantees that the data provided to the Vendor during the purchase process is correct and true.
12.3. The Consumer may at any time update and/or change the personal data provided to the Vendor through the appropriate section of the ‘Access to your Account’ Website, accessible after authentication or by contacting the Vendor through the appropriate channels provided.
13.1. Although the Vendor adopts measures designed to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the internet, the Vendor cannot guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has authenticated (logged in), cannot be accessed or viewed by unauthorised third parties.
13.2. Regarding credit card payment data, the Vendor uses the company Stripe Payments Europe Ltd., which adopts technological systems that ensure the highest levels of reliability, security, protection and confidentiality in transmitting information via the web.
14. Applicable law, attempt at conciliation and place of jurisdiction
14.1. Any contract of sale concluded between the Vendor and Consumers pursuant to these Terms and Conditions will be governed by and construed according to Italian law and, in particular, the Consumer Code, with specific reference to the regulations on distance contracts and Italian Legislative Decree no. 70 of 9 April 2003 on various aspects of electronic commerce. In any event, the rights that Consumers may have under mandatory provisions of the laws in force in their country shall remain unaffected.
14.2. If a dispute arises between the Vendor and a Consumer, we hereby guarantee our participation in an attempt at amicable conciliation initiated by any Consumer with RisolviOnline. This independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan helps reach a satisfactory agreement amicably and securely on the internet, using a neutral and competent conciliator. For more information on the RisolviOnline rules or to send a conciliation request, go to www.risolvionline.com.
14.3. As an alternative to the attempt at conciliation referred to in paragraph 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) to settle any dispute between the Vendor and the Consumer. The European Commission develops and operates the European ODR Platform in compliance with Directive 2013/11/EU and EU Regulation No. 524/2013, to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the European Union and a trader established in the European Union through the intervention of a participating ADR (alternative dispute resolution) entity, selectable from a list available on the platform. For more information on the European ODR Platform or to use it to initiate an alternative dispute resolution procedure concerning this Contract, please access the following link: http://ec.europa.eu/odr. The Vendor’s email address indicated in the European ODR Platform is as follows: firstname.lastname@example.org.
14.4. If the conciliation attempt referred to in Clause 14.2 or 14.3 above is not followed, or if such attempt is unsuccessful, the dispute will be referred to the court of the Consumer’s place of residence or domicile.
14.5 If, on the other hand, the Website user is carrying out their business, commercial, handicraft or professional activity, it is agreed that any dispute concerning the interpretation, execution, effectiveness and termination of the sales contracts between the Vendor and the user will be subject to Italian law and the exclusive jurisdiction of the Court of Milan.