Informativa legale
Introduction
Attention! Please read carefully!
Digital Butik (or "we") provides you with site functionality and other products and services when you visit or shop at www.DigitalButik.it (the "Site"), use Digital Butik devices, products or services, Digital Butik applications for mobile devices or software provided by Digital Butik in connection with any of the foregoing (collectively, the "Digital Butik Services").
We invite you to view oursTerms of use, of our Privacy Policy, of our Information on cookies, to understand how we collect and process your personal data through the Digital Butik Services. Digital Butik provides the Digital Butik Services subject to the following terms and conditions of sale ("Terms of Sale"). DigitalButik.it is the commercial name of Digital Butik.
This legal information will be useful for you to clearly understand our commercial offer, our ways of operating and the methods of sale and provision of services.
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Digital Butik - TERMS OF SALE
These Terms of Sale govern the sale of services and, where applicable, products via the Site when Digital Butik acts as a seller ("Terms of Sale"). We offer a wide range of Services Digital Butik and sometimes you may be subject to additional terms and conditions. In case of use of any Digital Butik Service (for example: Your Profile, Coupons or Digital Butik applications for mobile devices), you will also be subject to the terms, guidelines and general conditions applicable to that particular service ("Terms of the Service"). In the event of a conflict between these Terms of Sale and the Terms of Service, the Terms of Service will prevail.
We invite you to read these Terms of Sale carefully before proceeding with any purchase. By making any purchase you fully accept
these Terms of Sale.
Your purchases are protected by these Terms of Sale, some Services may
have additional Terms.
By making any purchase you accept our Terms of Sale
and our Terms of Use.
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Art. 1 FIELD OF APPLICATION
1.1These Terms of Sale apply to all estimates and all sales contracts (hereinafter, the "Contract/s") concluded, also electronically, between the seller Digital Butik, with registered office inCity,Street(hereinafter "Digital Butik" or the "Seller") and the purchasing company/Professional Clients/Private Individuals (hereinafter the "Client"), concerning the sale and relative delivery of products by Digital Butik
to the Customer (hereinafter, jointly, the "Products" or the "Services").
1.2These Terms of Sale prevail over any different clause inserted in forms, forms or other documents prepared by the Customer, even if their applicability has not been expressly contested by the Seller.
Waivers to these Termsof sale are binding on the Seller
only if they have been accepted by him in writing.
1.3If, during the execution of a Contract, one or more of these Terms of Sale become, for any reason, invalid or ineffective, the other conditions will continue to remain in force.
1.4If a Contract has already elapsed between the Seller and the Customer governed by these Terms of Sale, it is understood from now on that the same Terms of Sale governed herein, unless expressly excluded, will also be understood to apply to any subsequent sale concluded between the Seller and the Customer, even if the aforementioned conditions of such subsequent sales have not been expressly referred to or accepted.
Our Terms of Sale
have several clauses that protect our contracts
and your shopping experience.
Read carefully
it's important!
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Art. 2 THE CONTRACT
2.1The presentation of products and services on the site or through the applications Digital Butik
for mobile devices constitutes an invitation to offer.
If you wish to buy one or more products, you can select them one at a time by adding them to your cart. Once you have selected all the items you wish to purchase, you can close your cart and submit your order. At this point you will see a summary page of the products you have selected, their price and delivery options (with related costs). You will be prompted to choose your preferred delivery, transport and payment method. On the same page, you will find the "Checkout" button, which you will have to click to send us the order.
Your order will therefore be considered as your contractual purchase proposal addressed to Digital Butik for the services and products listed, each considered individually. Upon receipt of your order, we will automatically send you an order acknowledgment message ("Order Receipt"). If you use some Digital Butik Services (such as Digital Butik applications for mobile devices) the Order Receipt may be published in the "Notifications" accessible from the site. Order Receipt does not constitute acceptance of your purchase offer. By sending the Order Receipt, in fact, we only confirm that you have received the order and have subjected it to a process of data verification and availability of services and products
requested by you.
The sales contract with Digital Butik will be concluded only when we send you a separate e-mail or publish a message in the "Notifications" on the acceptance site of your purchase proposal which will also contain any information relating to the shipment of the product and on the expected date of delivery ("Delivery Confirmation"). In the event that your order is processed through multiple shipments, you may receive separate Shipping Confirmations. The charge will only take place when the services and/or products included in your order will be provided and/or shipped or after five days from the payment authorization, depending on which of these two conditions occurs first. For more information on payment methods, consult the information pagePayment mode. You will be able to cancel your order before receiving the Delivery and/or Shipping Confirmation, provided that the order has not been prepared for the delivery and/or shipping process. In this case you will not be charged any fees. In any case, without prejudice to the right of withdrawal under the terms and conditions set forth belowart. 3. The right of withdrawal does not apply to some categories of products including, without limitation, digital products or software not supplied on a tangible medium (as in the case of CDs or DVDs) once the download has begun (so-called download) or use.
You agree to receive invoices electronically. These documents will be sent to you in PDF format to the email address you provided to register.
The issue of the electronic invoice relating to an order will be communicated to you in the Delivery and/or Shipping Confirmation. For more information on electronic invoices and how to obtain the document, consult the information pages
Print your purchase receipt or invoice e Information on e-invoicing effective from 2019.
All orders placed on the site must correspond to normal consumption needs. This requirement applies both in relation to the number of products purchased with a single order, and in the case of multiple orders relating to the same product, even if each order includes a quantity of products corresponding to normal consumption needs.
2.2Digital Butik uses theOscon model
to disburse commissions and digital works (software licenses such as websites, configuration of social profiles, configuration of digital advertisements)
For more information visithttps://oscon.it/Andhttps://it.wikipedia.org/wiki/Oscon
2.3The "Oscon model" contract is part of the Terms of Service
indicated in the introduction, the "Oscon model" contract will be viewed and completed
and signed by the Customer during the Order Receipt phase.
You can purchase our products and services directly from the site. Your order must be accepted and you may have to sign an "Oscon model" contract
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Art. 3 RIGHT OF WITHDRAWAL, EXCEPTIONS AND RETURN POLICIES DIGITAL BUTIK
3.1Subject to the exceptions indicated below, you have the right to withdraw from the order placed, without having to give any reason, within 14 days from the day you received the ordered product (or the last product, lot or piece in the case of goods , lots or multiple pieces delivered separately) or from the conclusion of the contract (including, but not limited to, contracts for the supply of digital content that is not supplied on a tangible medium, such as a CD or DVD). If you have entrusted a trusted person with the collection, your right of withdrawal starts from the day of delivery of the product to the person designated by you, other than the courier.
You will need to notify Digital Butik,City,Street, the exercise of the right of withdrawal, you can
following the instructions available inReturns Area, using the function Contact usor using this form.
In case of using theReturns Area, we will send you an acknowledgment message.
In order to exercise the right of withdrawal, the relative communication must be sent before the expiry of the 14-day period and the product must be returned to Digital Butik through the instructions available in AreaReturns.
For more information on the right of withdrawal and operating instructions, contact our Customer Service via the function Contact us.
3.2 EFFECTS OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL
We will refund all payments received in relation to the product for which you have exercised the right of withdrawal, including the shipping costs relating to the cheapest shipping method offered by Digital Butik, within 14 days from the day we received the communication relating to the exercise of the right of withdrawal. We will make the refund to the same payment method you used to place the order, unless you have expressly agreed otherwise. In any event, you will not incur any costs as a result of such reimbursement. We may withhold the refund until we have received the product or until you have provided proof that you have returned it to Digital Butik, whichever occurs first. Please note that you are required to return the products to us following the instructions available in our Returns Area within 14 days from the day you communicated the withdrawal.You will have to bear the direct costs of returning the products.
You may be held responsible for any diminished value of the goods resulting from any handling of the goods (other than what is necessary to establish the nature, characteristics and functioning of the goods).
The risks deriving from the transport and the return costs will be at your sole expense.
3.3 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply in case of:
- supply of sealed goods which do not lend themselves to being returned for hygienic reasons or connected to health protection and which have been opened after delivery or in the case of supply of products which, after delivery, are inseparably mixed with other goods;
- supply of sealed audio or video recordings or sealed computer software which have been opened after delivery;
- supply of made-to-measure or clearly personalized goods;
- supply of goods which are likely to deteriorate or expire rapidly;
- service contracts after the complete provision of the service by Digital Butik, if you have expressly consented to the execution of the service by us by accepting the loss of the right of withdrawal following the full execution of the contract;
- supply of digital content (including applications, software, ebooks, MP3s, etc.) through non-material support (for example a CD or a DVD) if at the time of placing the order you have expressly consented at the beginning of the execution accepting the loss of the right of withdrawal as a result of the start of execution;
3.4 DIGITAL BUTIK RETURN POLICY
In addition to your statutory rights, products sold by Digital Butik
they can be returned to Digital Butik within 25 days of delivery, subject to exceptions to the right of withdrawal, provided they are intact and in the same condition in which they were delivered to you. Further information can be found on page Our return policies. The products must be returned using the instructions available in our Returns Area.
In these cases we will only refund the price paid for the purchase. However, we will not refund the shipping costs incurred to receive the item you are returning (except in the case of returning clothing, shoes and bags). The risks deriving from the transport and the return costs will be at your sole expense. Specific return policies apply to the return of fashion category products (shoes, clothing, bags, jewelery and watches), for more information visit our page Free returns for fashion products. These provisions are additional and do not affect your rights deriving from the law, nor the right of withdrawal within 14 days described above.
Return details and working examples can be found on page Our return policies.
You can return the products you purchase within 25 days, the return costs are at your expense and you will be reimbursed.
You cannot request a return for the Services provided and for Personalized products.
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Art. 4 PRICES AND AVAILABILITY
All prices are inclusive of VAT applicable in accordance with the law
and may vary according to market fluctuations.
Information on the availability of the products and services we sell is listed on the site, as well as on the presentation page of each product. Apart from the information provided on that page or elsewhere on the site, we are unable to give more precise information regarding the availability of products.
Please consider that the estimated shipping and delivery times for the products are purely indicative and cannot be fully relied upon. Once we have received your order, we will notify you by email or by posting a notice in theNotifications of the site
if some of the products you ordered are not available.
We cannot exclude the presence of products or services with a price different from the actual one, indicated by mistake on the site. In any case, we will check the correctness of the product prices during the order verification process and subsequent shipment of the products. If, due to misunderstandings or other inconveniences, the price indicated on the site should be lower than the correct selling price, we will be able to contact you to check whether you still wish to proceed with the purchase at the correct price or we may not accept your order. If the correct price is lower than the one indicated on the site, we will charge you only the lower correct price and we will still provide you with the service or we will still send you the product.
Our prices may change and we cannot guarantee shipping times.
We may make pricing errors
if it happens
we will notify you
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Article 5 CUSTOMS
If the goods ordered from Digital Butik were to be delivered outside Italy, you may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional customs clearance costs will be at your expense. We have no control over these costs and cannot predict their amount. Customs policies vary considerably from country to country and you should therefore contact your local customs office for more information. Please also bear in mind that when you place orders on the site, you are considered as an importer and are therefore required to comply with all laws and regulations of the country in which you will receive the goods. Your privacy is important to us and we know you care about how information about your order is used and shared. We would like our international customers to be aware that cross border deliveries are subject to opening and inspection of products by customs authorities. For further information, please read the information contained in the page Customs information.
If you buy from abroad
you may be subject
at customs costs.
We have no control
on those costs, we invite you
to view the regulations
of the country you buy from.
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Art. 6 WARRANTIES ON PRODUCTS SOLD BY DIGITAL BUTIK AND LIMITATIONS OF LIABILITY
The warranty regime on products sold by Digital Butik differs depending on whether the purchaser is a "consumer" or a "professional" within the meaning of Directive 1999/44/EC concerning "certain aspects of sales contracts and guarantees concerning goods of consumption".
If you buy as a "consumer", you benefit from the legal guarantee of conformity to which the seller is required by law on all goods sold ("Legal Guarantee").
The Legal Guarantee - to which Digital Butik is required as seller - guarantees the goods from lack of conformity with respect to the sales contract.
Pursuant to the law, in the event of applicability of the Legal Guarantee, you will have the right to restore the conformity of the goods without charge by repair or replacement, or, if this is not possible, to a reduction in the purchase price or termination of the contract. Digital Butik is therefore liable for lack of conformity if they occur within the term of two years from the date of delivery of the goods. You will still have the burden of reporting the lack of conformity within two months of its discovery.
You can find more information on the rules of exercise and operation of the Legal Guarantee, with case studies, by visiting our section Legal guarantee or by contacting our Customer Service via the function Contact us.
In the event that you find a lack of conformity on the goods purchased from Digital Butik during the period of validity of the Legal Guarantee, please contact Customer Service via the function Contact us.
Within the limits permitted by law, Digital Butik declines all responsibility in the event that the delivered product does not comply with the legislation of the country of delivery other than Italy. Digital Butik will not be liable in the event of a delay in delivery of the purchased goods due to lack of stock at the publisher or supplier.
Furthermore, we will not be liable in the event of non-substantial differences between the goods purchased and their illustrative images and text descriptions published on our site.
Except in cases of willful misconduct or gross negligence, we are solely liable for any direct and foreseeable damage at the time of concluding the sales contract. We will therefore not be responsible for any losses suffered, lost profits or any other damage that is not an immediate and direct consequence of our default or that was not foreseeable at the time of conclusion of the sales contract. Digital Butik is in no way responsible for the fulfillment of the obligations of third parties who may offer commercial guarantees in relation to the products on sale on the site.
If you buy as a consumer you are covered by the Guarantee.
Digital Butik Services have no warranties,
the service is "as is".
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Art. 7 APPLICABLE LAW
AND COMPETENT COURT
These Terms of Sale are governed by and must be interpreted in accordance with Italian law (with the exception of provisions regarding conflict of laws) and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Any and all claims and disputes must be presented before and the Customer accepts that it is exclusively decided by a court of competent jurisdiction based in Caserta, Italy.
The European Commission provides a online dispute resolution platform, called ODR (Online dispute resolution) which you can access via this link: https://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please let us know using the form Contact us.
The Terms and our relationship will be governed by the laws of the state of Italy.
All disputes between us may only be brought before the Courts of Caserta, Italy.
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Art. 8 CHANGES TO THE TERMS OF SALE
We reserve the right to change the site, policies and these Terms of Sale
at any time to offer new products or services, or to comply with legal or regulatory provisions. You will be subject to the policies and Terms of Sale in effect from time to time at the time you order products from us, unless any changes to such policies and terms are required by applicable law or the relevant authorities (in which case, the also to orders you have previously placed). If any provision of these conditions is deemed invalid, void or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other provisions.
We may make changes to our services or these Terms at any time.
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Art. 9 WITHDRAWAL
In the event of your failure to comply with these Terms of Sale, our failure to exercise the right to act against you does not represent our waiver of action for the violation of commitments assumed by you.
Even if we don't take legal action against you right away that doesn't mean we couldn't do it in the future.
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Art. 10 MINORS
We do not sell products to minors. We sell products and services to minors that can only be purchased by adults. If you are under 18, you can use DigitalButik.it only by involving a parent or guardian
You may not buy from us and/or use the website if you are under the age of 18 and without involving an adult.
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Art. 11 INTERPRETATION
Any heading, sub-heading or paragraph contained herein, as well as any explanation or summary contained in the right-hand column labeled “</It's simple>”, are provided for convenience only and do not in any way define or explain any paragraph or any provision of this Agreement, nor are they legally binding on any of us in any way.
These Terms of Sale have been drawn up in Italian and translated into other languages for the convenience of the Customer. The Customer can access and view the other language versions by changing the language settings of the Digital Butik Website.
If a translated (non-Italian) version of these Terms of Sale conflicts in any way with the respective Italian version, the provisions of the Italian version will prevail.
Only the column on the left is legally binding (this column is reproduced for clarity only).
The translated (non-Italian) versions of these Terms of Sale are provided for information only for the convenience of the Customer.
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DIRECT CONTACTS
Digital Butik, Street, City, Zip Code, Country
VAT number
Register of Companies of the City - REA n.
Tel:
Mobile:
PEC:
Email: