Identification of the Supplier

The goods covered by these general terms and conditions are offered for sale by KEY5 Di Delbono Nicola, with registered office in Rovato (BS), via Verdi 3/C, and operational headquarters in Rovato (BS), via C. Cantù 47, registered with the Brescia Chamber of Commerce, with VAT number 02085470983 and tax code DLBNLN72E21B157X, hereinafter referred to as the “Supplier.”

Art. 1 – Definitions

The term “online sales contract” refers to the contract of sale relating to the Supplier’s tangible movable goods, entered into between the Supplier and the Purchaser as part of a distance selling system using electronic means, organized by the Supplier. The term “Purchaser” refers to the consumer, a natural person who makes the purchase, as referred to in this contract, for purposes not related to any commercial or professional activity carried out. The term “Supplier” refers to the entity indicated in the epigraph or the entity providing the information services.

Art. 2 – Subject matter of the contract

With this contract, the Supplier sells and the Purchaser purchases, remotely via electronic means, the tangible movable goods indicated and offered for sale on the websites delbonodesign.com or www.delbonodesign.com. The products referred to in the previous point are illustrated on the website in the information sheets for each product and, if purchased by a non-professional buyer and not in the course of professional activity, are covered by the legal guarantee of conformity of goods (Articles 128-135 of the Consumer Code – Legislative Decree No. 206 of September 6, 2005, as amended).

Art. 3 – Contract conclusion procedures

The contract between the Supplier and the Purchaser is concluded exclusively via the Internet by the Purchaser accessing the website www.delbonodesign.com, where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of the goods, i.e., the contract for the purchase of the goods referred to in point 2 of the previous article.

Art. 4 – Conclusion and effectiveness of the contract

The purchase contract is concluded by accurately completing the request form and consenting to the purchase by sending the acceptance online or by completing the form attached to the online electronic catalog and then sending the form, always after viewing a web page summarizing the order, which shows the details of the customer and the order, the price of the goods purchased, shipping costs and any additional charges, payment methods and terms, and the address where the goods will be delivered. When the Supplier receives the order from the Purchaser, it will send a confirmation email summarizing the order, which will also include the information referred to in the previous point. The contract shall not be considered final and effective between the parties in the absence of the information indicated in the previous point.

Art. 5 – Payment and refund methods

All payments by the Purchaser may only be made using one of the methods indicated on the Supplier’s website. Any refunds to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in the event of exercising the right of withdrawal, as governed by Art. 12 of this contract, within a maximum of 14 days from the date on which the Supplier became aware of the withdrawal. The refund may be withheld for longer than 14 days only until the Buyer has demonstrated that they have returned the goods or until we have received them, whichever occurs first.

Article 6 – Delivery times and methods

The methods, times, and costs of shipping are clearly indicated and highlighted on the relevant page of the website at www.delbonodesign.com/spedizioni-e-resi/
Shipments cannot be delivered to PO boxes or postal codes. Shipments will be delivered to the address indicated by the Purchaser, but not necessarily to the person indicated by the recipient, as the courier has the right to deliver to persons whom the courier can reasonably consider authorized to accept the goods (e.g., doorman, warehouse worker, receptionist, etc.). The Buyer acknowledges that the Supplier does not and cannot exercise any preventive control or supervision over the work of the courier’s delivery personnel. The Buyer therefore waives any claim or compensation against the Supplier for direct or indirect damages of any kind related to the shipping and delivery service provided by the courier or third parties. For shipments outside Italy, all customs charges and expenses arising from attempts to redeliver after the first attempt, for reasons not attributable to wilful misconduct or gross negligence on the part of the courier, shall be borne by the Purchaser.

Art. 7 – Prices

All sales prices of the products displayed and indicated on the website are expressed in euros and constitute an offer to the public pursuant to Art. 1336 of the Italian Civil Code. The sales prices referred to in the previous point include VAT and any other taxes. Shipping costs and any additional charges are indicated and calculated in the purchase procedure before the Buyer submits the order and are also contained in the order summary web page.

Art. 8 – Product availability

The Supplier ensures, through the electronic system used, the processing and fulfillment of orders without delay. To this end, it indicates in real time, in its electronic catalog, the products that are available and those that are not available. If an order exceeds the quantity available in stock, the Supplier will notify the Buyer by email if the goods can no longer be reserved or how long the waiting time is to obtain the chosen goods, asking whether the Buyer intends to confirm the order or not.

Art. 9 – Limitations of liability

The Supplier shall not be liable for any disruption attributable to force majeure if it is unable to execute the order within the time specified in the contract. The Supplier shall not be liable to the Purchaser, except in cases of wilful misconduct or gross negligence, for any disruption or malfunction related to the use of the Internet beyond its control or that of its subcontractors. Furthermore, the Supplier shall not be liable for any damage, loss, or costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to the Supplier, as the Purchaser shall only be entitled to a full refund of the price paid and any additional costs incurred. Without prejudice to the above, in any case of proven liability of the Supplier depending on its exclusive responsibility and in any case characterized by fault, the damage reimbursable to the Purchaser shall be limited to the total amount (goods and services) that the Purchaser has not yet used and in any case for an amount not exceeding the value of the order that has not been executed. In any case, atypical contractual damages, consequential damages, and any loss of earnings by the Purchaser are excluded from this liability.

Art. 10 – Right of withdrawal, guarantees, and assistance procedures.

10.1 – Exercise of the right of withdrawal and information pursuant to Legislative Decree No. 206 of 06/09/2005, as amended (Consumer Code)

The Purchaser has the right to withdraw from the contract, without giving any reason, within 14 days. (In order to improve our service, we would nevertheless appreciate any feedback regarding any issues related to your purchase).
The withdrawal period expires after 14 days from the day on which the Purchaser or a third party, other than the carrier and the designated Purchaser, acquires physical possession of the goods. Please note that in the case of bonus offers (promotions), where the purchase of one item is combined with another item that is sold at a negligible price or even given away, the right of withdrawal will be legitimately exercised with the return of both items purchased, given the accessory nature of the promotional item in relation to the first.

10.2 Guarantee for lack of conformity

In the event of a lack of conformity, the Customer may, at his or her discretion, ask the seller to repair the goods or replace them, without charge in either case, unless the remedy requested is impossible or imposes disproportionate costs on the seller.
The Purchaser is entitled to a proportional reduction in price or termination of the sales contract, in accordance with the provisions of Article 135 bis, paragraph 4, of the Consumer Code and, in particular, if: the seller has not carried out the repair or replacement in accordance with the terms and conditions set out in the Consumer Code, or has refused to bring the goods into conformity; if the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract; if a lack of conformity becomes apparent despite the seller’s attempt to restore the conformity of the goods; if the seller has stated (or it is clear from the circumstances) that they will not restore the conformity of the goods within a reasonable period or without inconvenience.
The Purchaser does not have the right to terminate the contract if the lack of conformity is only minor.
To benefit from the guarantee for lack of conformity, the customer must report the lack of conformity by sending a notice to the seller indicating the defects and faults found.
Unless proven otherwise, any lack of conformity that becomes apparent within one year of the date on which the goods were delivered is presumed to have existed at that date, unless this is incompatible with the nature of the goods or the nature of the lack of conformity.

10.3 – How to exercise the right of withdrawal

To exercise the right of withdrawal, the Buyer is required to inform us of their decision to withdraw from this contract by means of an explicit statement (e.g., letter sent by post, email). To this end, they may use the withdrawal form available for download at the following link, returning it to us completed in full. Our details for sending the communication are as follows:

KEY5
Via C. Cantù, 47
25038 Rovato (BS)
Tel.: 0303375132
email: [email protected]

In order to comply with the withdrawal period, the Buyer must send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.

10.4 – Eligible persons

The right of withdrawal may only be exercised by natural persons (Purchaser) acting for purposes that can be considered unrelated to their commercial activity. The right of withdrawal, therefore, cannot be exercised by legal persons and natural persons acting for purposes related to a commercial activity. Purchases made by retailers or by persons who, for any reason, purchase for resale to third parties, or users who have entered their VAT number in the registration form, are also excluded from the right of withdrawal.

10.5 – Exclusions

In accordance with Article 59(e) of Legislative Decree 21 of 21/02/2014, the right of withdrawal cannot be exercised for sealed goods that cannot be returned for hygiene or health protection reasons and have been opened after delivery. The removal or damage of the packaging and/or the “integrity guarantee seal” placed to protect the product will, without exception, result in the exclusion of the right of withdrawal or replacement.

10.6 – Effects of withdrawal

If the Buyer withdraws from this contract, they will be refunded all payments made to us, including delivery costs (with the exception of additional costs arising from their choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any case no later than 14 days from the day on which we are informed of their decision to withdraw from this contract. The refund may be withheld for longer than 14 days only until the Buyer has demonstrated that they have returned the goods or until we have received them, whichever occurs first.

Such refunds will be made using the same means of payment used by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise by choosing a different payment method from those available at the time of purchase; in any case, you will not incur any costs as a result of such refund.

The Buyer is requested to contact us in advance to obtain the return management number to be applied to the package and to return the goods without undue delay and in any case within 14 days from the day on which they notified us of their withdrawal from the contract. The deadline is met if the Buyer returns the goods before the expiry of the 14-day period. The direct costs, expenses, and risks associated with returning the goods, including any duties and other customs costs, shall be borne entirely by the Buyer.

The Buyer is responsible for any decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods. To avoid impediments to the exercise of the right of withdrawal, the goods must be returned to us intact in their original packaging, which must also be intact and suitable for resale. We therefore recommend that you carefully package the goods to be returned and use a courier or other suitable means of shipping that allows the shipment to be tracked. It is also useful to insure the goods shipped, as it will not be possible to obtain a refund if, for any reason, we do not receive the return shipment.

10.7 – Damage to packaging and transfer of risk

Pursuant to Article 63 of the Consumer Code, any damage to the packaging/packaging of the Products must be immediately reported by the Purchaser by affixing a written control reserve on the proof of delivery. It is understood that, once the delivery document has been signed without any objection, the Purchaser will be precluded from making any exception regarding the external characteristics of the goods delivered. If the carrier has been chosen by the Purchaser from among those not proposed at the time of purchase, the risk of damage and loss of the Products is transferred to the Purchaser at the time of delivery to the carrier, precluding any complaint regarding the external characteristics of the goods delivered. In this case, any complaint must be made directly by the Purchaser to the carrier.

10.8 Right of Withdrawal for Non-EU Residents

For international purchases made outside the European Union, the right of withdrawal provided under European consumer protection law does not apply. The right of withdrawal may be exercised solely in the case of defective goods and in any event within 30 (thirty) days from the date of delivery.

10.8.1 Exercise of the Right of Withdrawal for Non-EU Residents

For the valid exercise of the right of withdrawal in the case of defective goods, a customer residing outside the European Union is required to demonstrate that the defect was already present at the time of delivery by the courier (e.g., courier statement or technical inspection report). The customer must notify their intention to exercise the right of withdrawal by submitting a written communication, either via email or on paper, within the aforementioned 30-day period. The communication must clearly and specifically describe the defects identified and include appropriate supporting documentation (such as, by way of example but not limited to, photographs or videos of the goods).

10.8.2 Exercise of the Right of Withdrawal for Non-EU Residents in Case of non-defective goods

As a commercial courtesy and without this constituting recognition of any legal obligation, a Purchaser residing outside the European Union may also exercise the right of withdrawal in case of non defective goods, but only for goods whose value exceeds €200.00 (two hundred euros). In such cases, the Purchaser is entitled to a refund of the purchase price of the goods only. In the event of withdrawal for of non defective goods, the Purchaser is required to return the goods to the seller’s warehouses at their own expense, also ensuring the preparation of all necessary customs documentation. Under no circumstances will shipping costs, customs duties, or any other ancillary charges (including, without limitation, customs clearance fees, storage fees, taxes, or other charges) be refunded.

10.8.3 Costs Arising from the Exercise of the Right of Withdrawal for Non-EU Residents in Case of non-defective goods

It is the Purchaser’s responsibility to obtain all necessary information in advance and to arrange the return shipment correctly and in compliance with applicable regulations, in order to avoid, as far as reasonably possible, any costs being incurred by the seller. Should the receipt of the returned goods result in costs being borne by the seller, such costs will be deducted from the amount to be refunded to the Purchaser. If the value of the goods is insufficient to fully cover these costs, the Purchaser will be sent a dedicated payment link to settle the outstanding balance; the seller reserves the right to suspend any further orders until the account is fully settled.

Art. 11 – Obligations of the Purchaser

The Buyer undertakes to pay the price of the goods purchased within the times and in the manner indicated in the contract. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract. The information contained in this contract has already been viewed and accepted by the Buyer, who acknowledges this, as this step is mandatory before confirming the purchase.
Once the purchase procedure has been completed and the goods covered by this procedure have been shipped, if it is not possible to deliver the goods to the recipient due to their absence, refusal to accept the package, incorrect address, or unknown recipient, and, in general, due to the recipient’s fault or wilful misconduct, the delivery report completed by the courier and detectable with the specific tracking code sent and known to the recipient after the shipment of the goods covered by the contract has departed, and visible in the order details in the Buyer’s personal area on this website, shall be considered valid for the purpose of determining wilful misconduct or fault.
In all the above cases attributable to the recipient, the Supplier may withhold the sum of €15 from the purchaser’s credit, which shall not be refundable as reimbursement for shipping costs.
The Supplier reserves the right to refuse any Order from a Buyer with whom there is an ongoing dispute regarding payment for a previous Order or relating to a Product for which there has been a clear error in the sale price, or in the event that it is clearly impossible to deliver the goods (incomplete/incorrect address/recipient unavailable during courier working hours, etc.).In this case, the Buyer will be informed by email of the measures taken by the Seller, who will automatically refund the Order if it has already been paid for by the Buyer.

Art. 12 – Protection of confidentiality and processing of the Buyer’s data

The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree No. 196 of June 30, 2003. The personal data processing policy is specified in more detail at the following address.

Art. 13 – Settlement of disputes

The European Commission has set up a platform where European Buyers can find information and contacts to help them resolve disputes. The relevant website can be accessed by clicking on the following link: https://consumer-redress.ec.europa.eu/index_it. This tool can be used by European Purchasers to resolve any disputes relating to contracts for the sale of goods and services entered into online and/or arising from them in a non-judicial manner.

Art. 14 – Settlement of disputes in court

The Purchaser may bring an action against the other party to the contract before the courts of the Member State in which that party is domiciled or, regardless of the domicile of the other party, before the courts of the place where the Purchaser is domiciled, in accordance with Regulation (EU) No. 1215/2012. For all other cases, including those where the clients are not natural persons and are domiciled outside the European Union, the parties agree that the exclusive competent court shall be the Court of Brescia (Italy).

Article 15 – Applicable law and referral

This contract is governed by Italian law. For anything not expressly provided for herein, the laws applicable to the relationships and cases provided for in this contract shall apply, and in particular Art. 5 of the 1980 Rome Convention. Pursuant to Article 60 of Legislative Decree 206/2005, as amended, reference is hereby expressly made to the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/2005, as amended.

Article 16 – Final clause

This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously entered into between the Parties and concerning the subject matter of this contract. Use of this e-commerce site implies acceptance of the above terms and conditions of sale.

Notes:

Please note that we cannot accept returns of products that:

  • have been returned with payment of shipping charges to the recipient.
  • have been returned without following the procedures required by law.

Please note that the value of the refund will be reduced for returned products that:

  • have been handled in a way other than that necessary to establish the nature, characteristics, and functioning of the goods. By way of example, but not limited to, those that do not contain intact original packaging and tags, or that have been used, washed, or otherwise returned in conditions other than those in which they were delivered, or that are damaged due to negligence or improper use by the Purchaser. (The inspection of goods sent and received and the packaging process are video recorded to resolve any disputes).
  • are missing protective materials inside the packaging (e.g., tissue paper, double protective plastic bag, protective molding, etc.) or that such packaging is not intact.
  • they are missing original tags that are intact and still attached to the garment.
  • are missing one or more accessories included in the original packaging.
  • have been used for more than just trying on, washed, or otherwise returned in conditions different from those in which they were delivered.
  • are damaged due to negligence or improper use by the Buyer. (The inspection and packaging of the goods is video recorded to settle any disputes).
  • are dirty, stained, marked, or smelly.
  • the packaging is not perfectly intact and complete in all its parts (by “packaging” we mean the wrapping bearing the product code or its photograph or the manufacturer’s brand name, not the box or courier envelope used for shipping, which can be disposed of, although we recommend reuse or conscious recycling).

How do I ship the products for return?

  1. After activating the return procedure, you must place the goods to be returned in a box or other suitable packaging to protect the original product packaging from any damage, writing, or alteration. We recommend adding filling material to limit the risk of damage due to shaking of the package during shipping.
  2. Write the return number provided by customer service in a visible position on the outside of the packages shipped.
  3. Ship the goods at your own expense within 14 days of notifying the supplier of your intention to exercise your right of withdrawal.

Please note: we recommend using a courier or other suitable means of shipping that allows the shipment to be tracked. If the shipment is not delivered, we will not be able to provide any refund or voucher.