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General conditions of sale of the dragosrl.net website
These general conditions, available to the consumer for reproduction and storage pursuant to art. 12 of Legislative Decree 70/2003, have as their object the purchase of products, carried out remotely via an electronic network via the dragosrl.net website belonging to Drago s.r.l. (hereinafter also referred to as supplier), based in San Giorgio Jonico (TA) in SS. Appia - Contrada Baronia, Industrial Area, VAT number 00865320733.
Art. 1 - Definitions
1.2 Consumer means the natural person, whose personal data are better detailed in the registration form available at http://www.dragosrl.net, which purchases the goods for purposes not directly or even indirectly related to the professional activity carried out by the latter.
1.3 By professional user we mean the natural or legal person, whose personal data are better detailed in the registration form available at http://www.dragosrl.net, who purchases the goods for purposes directly or indirectly related to the professional activity carried out.
1.4 By buyer or user we mean both the consumer customer and the professional user without distinction.
Art. 2 - Acceptance of the conditions of sale
2.1 These general conditions are valid from 04.24.2023 and may be updated, integrated or modified, obviously having effect for the future, at any time by Drago s.r.l., which will communicate them through the pages of its website. The conditions set out in the introduction are an integral and essential part of this contract.
2.2 All contracts will be concluded directly through access by the consumer customer or professional user to the website corresponding to the address www.dragosrl.net, through which they will be able to purchase the desired goods by carefully following the instructions and procedures provided.
2.3 These general conditions of sale must be examined online, before completing the purchase procedure. The forwarding of the order confirmation therefore implies total knowledge of the same and their full acceptance.
2.4 The consumer customer and professional user, by electronically sending the confirmation of their purchase order, unconditionally accept and undertake to observe, in their relationships with Drago s.r.l. the general and payment conditions illustrated below, expressly declaring that they have read and accepted all the indications provided by the system regarding the order procedure as well as the rules mentioned above, also acknowledging that the supplier is not bound to different conditions unless previously agreed in writing.
2.5 Sales operations are regulated for the consumer by the provisions of Legislative Decree no. 206/2005 (Consumer Code), while the protection of confidentiality is subject to the discipline of EU Regulation 679/16 and Legislative Decree 30 June 2003, n. 196, and subsequent amendments and additions.
Art. 3 - Sales prices and purchase methods
3.1 The products, prices and conditions of sale present on the dragosrl.net website – within the limits of their availability – constitute an offer to the public for the consumer and, therefore, require, for the conclusion of the contract, the acceptance of the same consumer, expressed both through the exact compilation of all the sections contained in the forms present in the website, or by ticking the boxes with the words “I declare that I have read, fully understood and expressly accept the conditions of sale” and “I declare that I have read, fully understood and expressly accept the contents of the privacy policy”.
3.2 Professional users, on the other hand, formulate their purchase proposal to the supplier by accurately filling in all the sections contained in the forms on the website and ticking the boxes with the words "I declare that I have read and fully understood and to expressly accept the conditions of sale" and "I declare that I have read, perfectly understood and expressly accept the content of the privacy policy". In this case, receipt of the order does not bind Drago s.r.l. until the latter has expressly accepted the order in writing (for example, with an e-mail) or with the shipment of the goods.
3.3 The purchase proposal formulated by the professional customer is expressly agreed to be irrevocable for 30 days following the date of conclusion of the procedure referred to in the previous article.
3.4 In any case, the total cost of shipping to the buyer's home is the buyer's responsibility, subject to exceptions and exceptions which will be specifically advertised on the site. The cost will, in any case, be made known to the buyer before confirming the purchase.
3.5 The prices of the different types of transport refer to the weight, size, delivery destination and/or any other services requested (insurance, delivery times, etc...).
3.6 All users can pay for the products ordered using the payment methods indicated at the time of purchase.
3.7 The buyer expressly attributes to the s.r.l. Drago has the right to accept, even partially, the order placed, allowing the direct shipment of the goods within the limits determined by it. In this case, the contract will be considered finalized in relation to the goods actually sold.
3.8 Drago s.r.l. will have the right to confirm and/or modify the price indicated in the event that it has been erroneously published and this error is perceivable by the buyer as the price set is evidently lower than that normally charged.
Art. 4 - Delivery methods
4.1 Drago s.r.l. will deliver to the buyers, at the address indicated by them, the products selected and ordered, in the manner provided for in the previous article, via couriers.
4.2 The buyer may use a third party's credit card for payment, as long as he specifies the data both in the "Billing address" section and in the payment form prepared by the external manager (by way of example, but not limited to, Stripe or another banking or financial operator). Delivery, however, will take place to the address indicated by the user in the "Shipping address" section.
4.3 The purchased goods will be delivered within the deadlines set by Legislative Decree no. 206/2005. No responsibility can be attributed to the supplier for delayed or failed deliveries attributable to causes of force majeure or unforeseeable circumstances.
4.4 The user is required to verify, upon receipt of the goods, the conformity of the product delivered to him with the order placed; only after such verification and obviously without prejudice to the right of withdrawal provided for in clause no. 8, the customer must sign the delivery documents.
4.5 The supplier is not responsible for damage or delays in delivery caused to products purchased from the carrier, remaining totally unrelated to the relationships between the carrier and the user.
4.6 The consumer customer or professional user may choose another carrier of their choice, it being understood that, in this case, transport will take place at their sole risk, care and expense and that payment cannot be made by cash on delivery, but must be made in advance or carried out using other different methods indicated on the site. Furthermore, in this case, the buyer will not be able to benefit from any shipping promotions advertised on the site.
Art. 5. Product availability
5.1 The user will be able to purchase the products under the conditions indicated in the electronic catalog prepared by Drago s.r.l. and in the quantities existing in stock or available from its suppliers.
5.2 Drago s.r.l. does not guarantee the continued availability of the products at the conditions offered, remaining obliged, in the event of unavailability and payment for the goods, to promptly inform the buyer and refund the price, without additional charges, within 30 days from the date of said communication.
Art. 6 - Responsibility
6.1 Drago s.r.l. will not be in any way responsible for disservices attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which prevent, in whole or in part, from executing the contract within the agreed times.
6.2 Drago s.r.l. will not be liable to any party or third party for any damage or loss suffered and will in any case bear the costs following failure to execute the contract for the causes mentioned above, the buyer having the right only to a refund of the price paid.
6.3 Drago s.r.l. is not responsible for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, when paying for the products purchased. In fact, at no time during the purchase procedure is the company able to know the buyer's credit card number which is transmitted directly to the manager of the banking service or payment gateway chosen by the customer (for example, Stripe) via a secure connection.
Art. 7 - Guarantees and assistance methods
7.1 Drago s.r.l. sells high quality products. In any case, in the event that any product manifests defects in conformity in the two years following its delivery, the consumer customer may request its replacement or reimbursement of the price paid for its purchase.
7.2 For professional users, the duration of the guarantee is equal to a single year starting from delivery of the goods.
7.3 The buyer who wishes to make use of the guarantee must contact Drago s.r.l. to the contact details indicated in the "Contacts" section of the dragosrl.net website indicating the defects found. Drago s.r.l. customer service will inform him how to proceed with the shipment of the goods or how to collect them at the shipping address indicated by the user in the order form.
7.4 If the lack of conformity is actually found by Drago s.r.l., the user will receive the replacement of the defective good with another of the same or of equal or greater value or, upon his/her explicit request, the repetition of the price paid for his/her purchase, with the express exclusion of shipping costs. The guarantee does not apply due to the effects of normal wear and tear of the goods caused by its use.
7.4 The guarantee does not apply to products that are not correctly stored or, in any case, partially used.
Art. 8 - Obligations of the buyer
8.1 The consumer and professional user undertake and undertake, once the online purchase procedure has been completed, to print and keep these general conditions, which they have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product or products being purchased, and this in order to fully satisfy the conditions set out in Legislative Decree no. 206/2005 (Consumer Code).
8.2 These general conditions may be updated or modified at any time by Drago s.r.l., which will communicate them via its website. Whenever there is a modification to these general conditions, the consumer customer or professional user undertakes and undertakes to ensure that they are printed and stored.
8.3 The buyer is strictly prohibited from entering false, and/or invented, and/or imaginary data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; the personal data and the e-mail must be exclusively your real personal data and not those of third parties, or fictitious.
8.4 It is expressly prohibited to make double registrations corresponding to a single person or enter data of third parties. Drago s.r.l. reserves the right to legally prosecute any violation or abuse, in the interest and protection of all consumers and customers.
8.5 The Customer holds Drago s.r.l. harmless. from any liability deriving from the issuing of incorrect tax documents due to errors relating to the data provided by him, being solely responsible for their correct insertion.
Art. 9 - Right of withdrawal
9.1 Pursuant to art. 64 of the legislative decree lgs. n. 206/2005, the consumer customer can exercise the right of withdrawal by completing and sending to the e-mail address info@dragosrl.net the form for exercising the right of withdrawal which can be downloaded from the footer of the website. Said form must be filled in in its entirety and must be duly signed by the consumer customer.
9.2 Once this form has been sent, the consumer customer has a further 14 days to return the goods received in their original packaging, without tampering with any guarantee seal or simple opening and/or deterioration of the external packaging itself and obtaining a refund of the price paid for each good returned intact in its packaging. The withdrawal is exercised without any penalty and without specifying the reason. Once said deadline has elapsed, the consumer customer will automatically lose the right of withdrawal.
9.3 The goods must be returned to the following address: Drago s.r.l., c San Giorgio Jonico (TA) in SS. Appia - Contrada Baronia, Industrial Area.
9.4 All costs of returning the products are borne by the consumer customer who, directly or through another means, will deliver the same to the domicile of the seller indicated in the previous point 9.3. All items must arrive in the same conditions as they were received, equipped with the original packaging and any accompanying manuals and/or booklets that are part of the package and original packaging.
9.5 If the goods are returned without packaging or any accompanying manuals and/or booklets, Drago s.r.l. reserves the right to request the Customer to be reimbursed for the costs he will have to bear for restoring the packaging or the materials attached to it.
9.5 The transport costs incurred for delivery of the product to the customer and for any return to Drago s.r.l. they are not refundable.
9.6 The refund will be credited by Drago s.r.l. in the 14 days following receipt of the form referred to in point 9.1 on the same credit card, on the Stripe account or on the bank account from which the consumer customer made the payment.
9.7 The right of withdrawal is expressly excluded for professional users.
Art. 10 - Authorizations
10.1 By filling in the appropriate field in the payment form on the website, the customer authorizes Drago s.r.l. to use your credit card, or any other card issued to replace it, and to debit your current account with the total amount highlighted as the cost of the purchase made "online". The entire procedure is carried out via a secure connection directly connected to the banking institution that owns and manages the "online" payment service or by the payment system set up by Stripe, to which Drago s.r.l. cannot log in.
10.3 Similarly, if Drago has to refund all or part of the amount paid by the buyer, the refund will be made to the same credit card or Stripe account as the user.
Art. 11 - Contractual termination and express termination clause
11.1 Drago s.r.l. has the right to withdraw from the stipulated contract by simply notifying the customer indicating the reason; in this case the customer will have the exclusive right to a refund of any sum already paid, with the express exclusion of any further compensation requested for any reason.
11.2 The obligations assumed by the buyer pursuant to art. 8. (Purchaser's obligations), as well as the guarantee of successful payment, are of an essential nature, so that by express agreement, failure by the user to fulfill just one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the right of Drago s.r.l. to take action for compensation for further damage.
Art. 12 – Privacy (Brief information on the processing of personal data)
12.1 The data controller is Drago s.r.l. with registered office in San Giorgio Jonico (TA) in SS. Appia - Contrada Baronia, Industrial Area.
12.2 Personal data are collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications; such data are processed electronically in compliance with the laws in force and may only be exhibited upon request of the judicial authority or other authorities authorized for this purpose by law.
12.2 Personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and appointed as data controllers. The updated list of data controllers and authorized parties is available at the Data Controller's headquarters.
12.3 The interested party may exercise, at any time, the rights recognized by the GDPR. They are:
a) the right of access;
b) the right to rectify data;
c) the right to cancellation and oblivion;
d) the right to limit processing;
e) the right to data portability;
f) the right to object.
12.4 The rights deriving from the privacy legislation and the information obligations arising from it on the supplier must be examined online by the customer before completing the purchase procedure. The forwarding of the order confirmation therefore implies complete knowledge of the same. The consumer customer and professional user, by electronically sending the confirmation of their purchase order, expressly declare that they have been informed of all their rights pursuant to the above-mentioned regulations, extract of the complete privacy policy published at https://www.dragosrl.net/content/2-privacy-policy.
Art. 13 - Jurisdiction and Competent Court
13.1 Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated "online" via the dragosrl.net website is subject to Italian jurisdiction. These general conditions refer, although not foreseen, to the provisions of the Legislative Decree. lgs. n. 206/2005.
13.2. For any dispute between the parties regarding this contract, the Court in whose area the consumer has his domicile will also be competent alternatively, in accordance with current legislation; for all other customers (foreigners or non-consumers) it is expressly agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive jurisdiction of the Court of Taranto.
San Giorgio Jonico (TA), 24 April 2023