Supplier Identification
The goods covered by these general conditions are offered for sale by KEY5 Di Delbono Nicola, registered office in Rovato (BS), via Verdi 3/C, and operating office in Rovato (BS), via Cesare Cantù 47, registered with the Chamber of Commerce of Brescia, VAT number 02085470983 and tax code DLBNLN72E21B157X, hereinafter referred to as the “Seller”.
Art. 1 – Definitions
The term “online sales contract” refers to the purchase and sale agreement relating to the Seller’s tangible movable goods, entered into between the Seller and the Buyer within the context of a distance sales system through telematics tools, organized by the Seller. The term “Buyer” refers to the consumer, a natural person, who makes the purchase under this contract for purposes unrelated to any commercial or professional activity carried out. The term “Seller” refers to the party indicated in the preamble or the provider of information services.
Art. 2 – Object of the Contract
Under this contract, respectively, the Seller sells and the Buyer purchases at a distance via telematics tools 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 site within the individual product information sheets and, if purchased by a non-professional buyer and not as part of a professional activity, benefit from the legal guarantee of conformity of goods (Articles 128-135 of the Consumer Code – Legislative Decree 6/09/2005, no. 206 and subsequent amendments).
Art. 3 – Method of Executing the Contract
The contract between the Seller and the Buyer is concluded exclusively via the Internet through the Buyer’s access to www.delbonodesign.com, where, following the procedures indicated, the Buyer will formalize the offer for the purchase of goods and the contract for the purchase of 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 expressing consent to the purchase via online submission, or by filling out the form attached to the online electronic catalog and subsequently submitting it, always subject to viewing a web page summarizing the order containing the details of the purchaser and the order, the price of the purchased item, shipping costs and any additional charges, payment terms and methods, and the delivery address. Upon receiving the order from the Buyer, the Seller sends a confirmation and summary email containing the data mentioned in the previous point. The contract is not considered finalized and effective between the parties in the absence of what is indicated in the previous point.
Art. 5 – Payment and Refund Methods
Any payment by the Buyer can only be made using one of the methods indicated on the dedicated web page by the Seller. Any refund to the Buyer will be credited promptly using one of the options proposed by the Seller and chosen by the Buyer, and in the case of exercising the right of withdrawal, as governed by Art. 12 of this contract, at the latest within 14 days from the date on which the Seller became aware of the withdrawal itself. The refund may be withheld beyond 14 days only until the Buyer has proven that they have returned the goods, or until the goods have been received by us, whichever occurs first.
Art. 6 – Delivery Times and Methods
Shipping methods, times, and costs are indicated and clearly highlighted on the summary page prior to order completion and may vary depending on the destination location of the goods.
Shipments cannot be delivered to PO boxes or postal codes. Shipments will be delivered to the recipient’s address specified by the Buyer, but not necessarily to the specific individual named as recipient, as the courier reserves the right to deliver to persons whom the courier can reasonably deem authorized to accept the goods (e.g., concierge, warehouse worker, receptionist, etc.). The Buyer acknowledges that the Seller does not and cannot exercise any prior control or supervision over the actions of the delivery personnel assigned by the courier. The Buyer therefore waives in advance any claims or compensation against the Seller for direct or indirect damages of any kind connected to the shipping and delivery service performed by the courier or assigned third parties. For shipments destined outside the Italian territory, all customs charges and costs resulting from redelivery attempts after the first, due to causes not attributable to intent or gross negligence of the courier, are to be borne by the Buyer.
Art. 7 – Prices
All sales prices of products displayed and indicated on the site are expressed in Euros or other currencies available on the site and constitute a public offer pursuant to Art. 1336 of the Italian Civil Code. The sales prices mentioned in the previous point include VAT and any other applicable tax. Shipping costs and any ancillary fees are indicated and calculated during the purchase procedure prior to order submission by the Buyer and are also contained in the web page summarizing the order placed. Product prices on sale may change at any time without notice, whereas prices for products for which an order confirmation has been received remain fixed.
Art. 8 – Product Availability
The Seller ensures through the telematics system used the processing and execution of orders without delay. For this purpose, the Seller indicates available and unavailable products in real time in its electronic catalog. Should an order exceed the quantity available in the warehouse, the Seller will inform the Buyer via email whether the item is no longer reservable or what the waiting times are to receive the chosen item, asking if they wish to confirm the order or not.
Art. 9 – Limitations of Liability
The Seller assumes no liability for service disruptions attributable to force majeure in the event of failure to execute the order within the timeframes stipulated in the contract. The Seller cannot be held liable to the Buyer, except in cases of intent or gross negligence, for disruptions or malfunctions connected to the use of the Internet beyond its control or that of its sub-suppliers. Furthermore, the Seller shall not be liable for damages, losses, and costs incurred by the Buyer as a result of non-performance of the contract due to causes not attributable to the Seller, the Buyer being entitled only to a full refund of the price paid and any ancillary charges incurred. Notwithstanding the above, in any case of established liability of the Seller arising from its exclusive responsibility and characterized by negligence, the reimbursable damage to the Buyer shall be limited to the total amount (goods and services) not yet utilized by the Buyer and in any case shall not exceed the value of the order that remained unfulfilled. In all cases, atypical contractual damages, consequential damages, and any loss of profit by the Buyer are excluded from such liability.
Art. 10 – Right of Withdrawal, Guarantees, and Support Methods
10.1 – Exercise of the Right of Withdrawal and Information Pursuant to Legislative Decree no. 206 of 06/09/2005 (Consumer Code) as amended
The Buyer has the right to withdraw from the contract, without specifying reasons, within 14 days. (In order to improve our service, a note regarding any issues related to your purchase is nevertheless appreciated).
The withdrawal period expires after 14 days from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the goods. Please note that in the case of promotional offers (promotions) where the purchase of a item is paired with another item sold at a nominal price or given for free, the right of withdrawal can only be legitimately exercised by returning both items covered by the purchase, given the ancillary nature of the promotional item to the primary one.
10.2 Guarantee for Lack of Conformity
In the event of a lack of conformity, the Buyer customer may request, at their choice, that the Seller repair or replace the product, free of charge in either case, unless the requested remedy is impossible or imposes disproportionate costs on the seller.
The Buyer customer is entitled to a proportionate price reduction or termination of the sales contract, in accordance with Art. 135 bis, paragraph 4, of the Consumer Code and, in particular, if: the Seller has not carried out the repair or replacement within the terms and under the conditions provided by 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 manifests despite the Seller's attempt to restore the conformity of the goods; if the Seller has declared (or it is clear from the circumstances) that it will not restore conformity within a reasonable time or without significant inconvenience.
The Buyer customer does not have the right to terminate the contract if the lack of conformity is minor or if it manifests after 24 months from the receipt of the goods.
To benefit from the guarantee for lack of conformity, the Buyer customer must notify the Seller of the defect with formal communication detailing the defects found within a maximum of 2 months from the date on which such defects were discovered.
The inspection phase of the dispatched and received goods as well as the packaging process are video-recorded to settle any disputes.
10.3 – Procedure for Exercising 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 through an explicit statement (for example, a letter sent by post or email). For this purpose, they may optionally use the withdrawal form set out in Annex I, part B, Legislative Decree 21/2014, returning it to us fully completed. Our contact details for sending the communication are as follows:
KEY5
Via C. Cantù, 47
25038 Rovato (BS)
Tel.: 0303375132
email: info@delbonodesign.com
To meet the withdrawal deadline, it is sufficient for the Buyer to send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
10.4 – Entitled Parties
The right of withdrawal can only be exercised by natural persons (consumers) acting for purposes that can be considered unrelated to their trade or profession. Therefore, the right of withdrawal cannot be exercised by legal entities and natural persons acting for purposes related to a commercial or professional activity. Purchases made by resellers or entities purchasing for resale to third parties under any title, or users who have entered their VAT number in the registration form, are also excluded from the right of withdrawal.
10.5 – Exclusions
In compliance with Art. 59, letter "e" of Legislative Decree 21 of 21/02/2014, the right of withdrawal cannot be accepted for sealed goods that are not suitable for return for hygienic or health protection reasons and were unsealed after delivery. The removal or damage of the packaging and/or the "integrity guarantee seal" applied to protect the product will result, without exception, in exclusion from the right of withdrawal or replacement.
10.6 – Effects of Withdrawal
Return shipping costs are to be borne by the customer, even if the order benefited from a free shipping promotion. If the Seller provides a prepaid return label, the cost of shipping will be deducted from the total refunded amount. Return shipping costs vary based on location and product type, and can be viewed by adding the product to the cart and proceeding to the final pre-order summary step on the Seller's website.
The Seller will process the refund for the products subject to withdrawal within a maximum period of 14 (fourteen) days from receipt of the returned goods.
The goods must be returned intact, unused, in their original packaging, complete in all parts, and accompanied by any tax documentation. The Seller reserves the right to verify compliance with these conditions before proceeding with the refund.
Such refunds will be carried out using the same payment method used by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise by selecting a different available payment method at the time of purchase; in any case, the customer will not incur any fees as a result of such refund.
The Buyer is requested to contact us beforehand to obtain a return management number to apply to the package, and to send back the goods without undue delay and in any case within 14 days from the day they communicated their withdrawal from the contract to us. The deadline is met if the Buyer sends back the goods before the 14-day period has expired. Direct charges, costs, and risks associated with returning the goods, including any customs duties and other costs whether customs-related or not, will be fully borne by the Buyer.
The Buyer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. To prevent impediments to exercising the right of withdrawal, the goods must reach us intact in their original packaging, which must also be intact and suitable for resale. We therefore recommend carefully packing the returned goods and using a courier or other suitable means that allows shipment tracking. It is also advisable to insure the shipped goods, as no refund will be possible if, for any reason, delivery of the products subject to withdrawal is not received. The inspection phase of dispatched and received goods as well as the packaging process are video-recorded to settle any disputes.
10.7 – Damage to Packaging and Transfer of Risk
Pursuant to Art. 63 of the Consumer Code, any damage to the packaging/container of the Products must be immediately contested by the Buyer by placing a written reservation of control on the proof of delivery. It is understood that once the delivery document is signed without any reservation, the Buyer will be precluded from making any objection regarding the external characteristics of the delivered items. If the carrier was chosen by the Buyer outside of those offered during purchase, the risk of damage and loss of the Products transfers to the Buyer at the time of delivery to the carrier itself, precluding any objection regarding the external characteristics of the delivered items. In this case, any claim must be raised directly by the Buyer against the carrier.
10.8 Right of Withdrawal for Buyers Domiciled Outside the European Union
For international purchases made outside the European Union, the right of withdrawal provided for under European legislation to protect Buyers does not apply. The right of withdrawal can only be exercised in the event of defective goods and in any case within 30 (thirty) days from the delivery date.
10.8.1 Exercise of the Right of Withdrawal for Buyers Domiciled Outside the European Union
For a valid exercise of the right of withdrawal for defective goods, a Buyer residing outside the European Union must prove that the defect was already present at the time the goods were delivered by the courier (courier declaration or technical appraisal). The Buyer must communicate their intention to exercise the right of withdrawal by sending written notice, via email or paper copy, within the aforementioned deadline. The communication must clearly and specifically detail the defects found, as well as provide adequate supporting documentation (such as, but not limited to, photos or videos of the item).
10.8.2 Exercise of the Right of Withdrawal for Buyers Domiciled Outside the European Union in Case of Change of Mind
As a commercial courtesy and without constituting an acknowledgment of a legal obligation, a customer (natural person or legal entity) residing outside the European Union may exercise the right of withdrawal due to a change of mind exclusively for goods with a value exceeding €200.00 (two hundred/00). In this case, the customer (natural person or legal entity) is entitled only to a refund of the price of the purchased item(s). In the event of withdrawal due to a change of mind, the customer (natural person or legal entity) is required to ship the goods to the Seller's warehouse at their own expense, taking care of all necessary customs documentation. Under no circumstances will shipping costs, customs duties, or any other ancillary costs (customs clearance, storage, taxes, etc.) be refunded. Returns that incur shipping costs, customs duties, VAT, or ancillary charges borne by the Seller will not be accepted. Such shipments will be systematically rejected and returned to sender.
10.8.3 Costs Arising from the Exercise of the Right of Withdrawal for non-EU Residents in Case of Change of Mind
It is the responsibility of the customer (natural person or legal entity) to obtain all necessary information in advance and arrange the return shipment correctly and in compliance with applicable legislation, in order to avoid, as far as reasonably possible, incurring costs for the Seller. If receiving the return results in costs to the Seller, such costs will be deducted from the amount to be refunded to the customer (natural person or legal entity). Should the value of the item be insufficient to fully cover these costs, a dedicated payment link will be sent to the customer (natural person or legal entity) to settle the remaining balance; the Seller reserves the right to suspend further orders until the accounting position is resolved.
Art. 11 – Buyer's Obligations
The Buyer agrees to pay the price of the purchased item within the times and methods indicated in the contract. Once the online purchase procedure is completed, the Buyer agrees to print and retain this contract. The information contained in this contract has already been viewed and accepted by the Buyer, who acknowledges it, as this step is mandatory prior to purchase confirmation.
Once the purchase procedure is completed and the goods subject to that procedure have been shipped, should it be impossible to deliver the goods to the recipient due to absence, refusal to accept the package, incorrect address, unknown recipient, or generally due to fault or intent of the recipient (determination of fault or intent being verified by the delivery report compiled by the courier and viewable with the tracking code sent to the recipient after shipment dispatch, and visible in the order details within the Buyer's personal area on this site):
In all the aforementioned cases attributable to the recipient, the Seller may retain from the Buyer's credit the non-refundable sum of 15 Euros as reimbursement for shipping expenses.
The Seller reserves the right to refuse any Order from a Buyer with whom a dispute is ongoing regarding payment of a previous Order, or relating to Products where there was an obvious error in the Sale Price, or where there is a clear impossibility of delivering the goods (incomplete/incorrect address / unavailability of the recipient 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 proceed to refund the Order if it has already been paid for by the Buyer.
Art. 12 – Protection of Confidentiality and Buyer Data Processing
The Seller protects customer privacy and guarantees that data processing complies with privacy regulations under Legislative Decree no. 196 of June 30, 2003. The personal data processing policy is specified in greater detail https://delbonodesign.com/privacy-policy/">at the following address.
Art. 13 – Dispute Resolution
For Buyers residing in Europe, the European Commission has established a platform to find information and contacts to better address a dispute. The relevant website can be reached by clicking the following link: https://consumer-redress.ec.europa.eu/index_it. This tool can be used by European Buyers to resolve out of court any dispute relating to and/or arising from sales contracts for goods and services entered into online.
Art. 14 – Judicial Dispute Resolution
Action by the Buyer against the other party to the contract may be brought before the courts of the Member State in which that party is domiciled or, regardless of the other party's domicile, before the courts of the place where the Buyer is domiciled, in accordance with Regulation (EU) No. 1215/2012. For all other cases, including those where customers are not natural persons and are domiciled outside the European Union, the parties agree that the court of Brescia (Italy) shall have exclusive jurisdiction.
Art. 15 – Severability Clause
The invalidity, ineffectiveness, or nullity of one or more clauses of these General Conditions of Sale will not affect the validity of the remaining provisions, which will continue to have full force and effect between the parties.
Art. 16 – Applicable Law and Reference
This contract is governed by Italian law. For matters not expressly provided for herein, legal provisions applicable to the relationships and situations covered by this contract shall apply, in particular Art. 5 of the 1980 Rome Convention. Pursuant to Art. 60 of Legislative Decree 206/2005, the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are explicitly referenced herein.
Art. 17 – Final Clause
This contract supersedes and replaces any previous agreement, understanding, negotiation, whether written or oral, made between the Parties concerning the subject matter of this contract. Use of this e-commerce website implies acceptance of the sales terms set out above.
Notes:
Please note that it will not be possible to accept returns of products that:
have been returned with shipping payment charged to the recipient.
have undergone return procedures without following the methods required by law.
Please note that a reduction in refund value will apply to returned products that:
have undergone handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Examples include, but are not limited to, products lacking intact original packaging and tags, or products that have been used, washed, or otherwise returned in conditions different from delivery, or damaged due to negligence or improper use by the Buyer. (The inspection phase of dispatched and received goods as well as packaging process are video-recorded to settle any disputes).
are missing protective materials inside the packaging (for example: tissue paper, double protective plastic bag, protective inserts, etc.) or where such packaging is not intact.
are missing one or more accessories included in the original packaging.
have packaging that is not perfectly intact and complete in all its parts ("packaging" refers to the wrapper featuring the product code, its photograph, or the manufacturer's brand, not the carrier box or envelope used for shipping, which may be disposed of, though conscious reuse or recycling is recommended).
How to Ship Products for Return
After activating the withdrawal procedure, place the goods to be returned inside a box or other suitable container to protect the original product packaging from any damage, writing, or alteration. It is recommended to add filling material to minimize the risk of shaking damage during transit.
Write the return tracking number provided by customer service clearly and visibly on the outer package of the shipped items.
Ship the goods at your own expense within 14 days of notifying the Seller of your intent to exercise the right of withdrawal.
Attention: it is recommended to use a courier or other suitable service that enables tracking for the shipment. In the event of non-delivery, no refund or voucher can be issued.
