Method, Costs and Terms of Delivery
10.1 Products are delivered by GLS or DHL.
10.2 At the time of shipping, the user will be informed by email of the link containing a tracking number for the user to check the status of the shipment.
10.3 Delivery depends on payment and, unless otherwise agreed, the costs are charged to the user. The delivery costs owed by the user for a specific order, are expressly and separately stated (in euro and inclusive of VAT) during the purchase process, in the order summary, and in any case, before the user can proceed with order transmission. In case of partial cancellation of Multiple Orders, the amount charged for delivery to be refunded to the user will be equivalent to the delivery costs that the user would have paid for the single Product that has been cancelled, as resulting from the Product Sheet, with regard to the specific delivery method chosen. Under no circumstances will the delivery charge to be refunded be permitted to exceed the amount of costs actually paid by the user for delivery.
10.4 In the order summary and therefore, before the user proceeds to transmit same, the total price of the order will be stated with separate entry for the delivery charge and any additional charges. This total, which will also be indicated to the user in the order confirmation email, is the total amount owed by the user with regard to the Product. For each sale made on the Website, DAUREKA SRL will issue an invoice, sending same to the addressee of the purchase order by email. For the issue of the invoice, the information provided by the user at the time of transmitting the order through the Website and which the user guarantees to be a true reflection of the situation. No variations to the invoice will be possible after the issue of same. The user undertakes to hold DAUREKA SRL free and harmless against any damage that can arise, including any sanctions, in the event that the information provided by the user through the Website for issue of the invoice does not reflect the truth.
10.5 Products purchased through the Website will be delivered to the postal address specified by the user in the order form.
10.6 Home Delivery
10.6.1 In the event that the user chooses Home Delivery, the Products will be shipped and delivered to the postal address provided by the user in the order form. Different methods of Home Delivery are made available to the user (e.g.: Express Courier) and for each one, the relevant costs are stated during the purchasing process, before the user proceeds to transmit the order.
10.6.2 Home Delivery of the Product is understood as being at street level, unless otherwise stated.
10.6.3 The user acknowledges that collection of the Product is obligatory. In the event that the Home Delivery method chosen by the user does not include delivery at a chosen time, in case of non-delivery due to the absence of the recipient, the courier will leave a note to record the delivery attempt (transit advice note). The note will also contain the addresses at which the user can contact the courier to arrange a new delivery or to collect the package. After a failed delivery attempt, the package will be stored with the courier. The user is obliged to collect the package within 3 calendar days from the second day after the date on which the Transit Advice Note was left. If the user should fail to collect the Product within this time, the purchase agreement can be considered as terminated by law, pursuant to Art. 1456 of the Italian Civil Code. DAUREKA SRL will therefore proceed, within 15 successive working days from the termination of the agreement, to refund the Total Amount Owed, if already paid by the user, minus the costs of the unsuccessful Home Delivery, storage costs, costs to return the items to DAUREKA SRL and any other costs accrued due to the lack of delivery on account of the recipient’s absence. Termination of the contract and the total amount of the refund will be communicated to the user by email. In case of payment using credit card or PayPal, this amount will be credited to the same payment method used to make the purchase. Any delays in payment or release may depend of the banking institute, credit card type or payment solution used. In the other cases, DAUREKA SRL will ask the user to provide, via email, bank details as needed to make the refund.
10.6.4 The user is obliged to point out any specific characteristics regarding the place of delivery for the Product and/or the location, adding a note to the order in the specific space made available at the end of the purchase procedure
and before shipping the order. In case these indications are not provided or are incorrect, any additional costs incurred by DAUREKA SRL to deliver the Product will be met by the user.
10.7 Provisions common to all types of delivery
10.7.1 During the purchasing process, before the user transmits the order, the terms by which DAUREKA SRL undertakes to deliver the Products ordered by the user will be provided, taking into account, as well as the delivery area and method, the possibility that the user will be purchasing more than one Product in the same order. The terms of delivery will commence on the conclusion of the contract (i.e., shipping of the order), unless otherwise stated. The terms of delivery for the specific order will also be stated in the order confirmation. In case of failure to state the terms of delivery, this will fall due in any case, no later than thirty days from the date of conclusion of the contract. This is without prejudice to that stated in the above Art. 9.03 with regard to Mixed Orders or Orders within the Mixed Order.
10.7.2 In the event that the purchased Product is not delivered or is delivered late compared to the terms of delivery stated during the purchase process and order confirmation, the user, pursuant to Art. 61 of the Consumer Code, invites DAUREKA SRL to make delivery within an extended delivery time, suitable to the circumstance (“Extended Term ex Art. 61, subsection III, Consumer Code“). If this additional term falls due without delivery of the Products, the user is legally entitled to terminate the agreement (“Termination of Agreement ex art. 61, Subsection III, Consumer Code“), without prejudice to the right to compensation for damages. The user does not have to grant DAUREKA SRL the Extended Term, as per Art. 61, subsection III, Consumer Code (“Excluded Cases“) if:
a) DAUREKA SRL has expressly refused to deliver the Products;
b) compliance with the term of delivery stated during the purchasing process and in the order confirmation must be seen as essential, taking into account all of the circumstances that accompanied the conclusion of the contract;
c) the user has informed DAUREKA SRL, before conclusion of the contract, that delivery within or on a specific date is essential.
In Excluded Cases, if the Products are not received within the delivery term stated during the purchasing process and order confirmation, the user is entitled to terminate the contract with immediate effect, without prejudice to compensation for damages (”Termination of Contract in Excluded Cases”). Indication of the Extended Term, as per Art. 61, subsection III, Consumer Code and notification of Termination of the Contract as per Art. 61, subsection III, Consumer Code or Termination of the Agreement in Excluded Cases, shall be made known to DAUREKA SRL, by the user, at the addresses in Art. 15 below. In case of Termination of Contract, as per Art. 61, subsection III, Consumer Code or Termination in Excluded Cases, DAUREKA SRL will refund the full Amount Owed to the user without any undue delay. The refund will be made according to the methods stated in Art. 10.9.6 below.
In any case, DAUREKA SRL undertakes to inform the user in due time and by email, of any delay in delivery (”Delay Notification Email”), stating the new term of delivery, if available (”New Term of Delivery”) and, in case the user does not proceed to set the Extended Term as per Art. 61, subsection III, Consumer Code or, given the necessary conditions, to Termination of the Contract, as per Art. 61, subsection III, Consumer Code or Termination of the Contract in Excluded Cases, without prejudice to the possibility for the user to make recourse to these means and/or ordinary means of protection made available by law and specifically, Section XIV of Title II, Book IV of the Italian Civil Code, DAUREKA SRL undertakes, in any case:
(i) in case of delivery delays between 1 and 3 working days regarding the New Delivery Term, to refund the user who requests it, the delivery costs, if already paid, within the term of 10 working days from the expiry of the New Delivery Term, or, not to request payment of the user requesting same, if not yet paid;
(ii) in case of delivery with a delay between 4 and 10 working days with regard to the New Delivery Term, to allow the user making request, to refuse to accept delivery and to terminate the agreement, with resulting refund of the Total Amount Owed, if already paid and in any case, no more than 10 working days from the request to terminate the contract, or alternatively, in the event the user does not wish to terminate the contract, to refund the user requesting same, with the delivery costs, if already paid, before the deadline of ten working days from request or not to request payment of the user making a request to this regard, if not already paid;
(iii) in case of delivery delays above 10 working days with regard to the New Delivery Term or in any case, more than 20 days from the original delivery term, offer the user who requests it, in addition to that set down in the above Art. 10.10.2 (ii) the supply of a different Product of equivalent or superior value product, subject to payment, in this latter case, of the difference and to the express consent of the user.
10.7.3 In the event of failure to send the Delay Notification Email or failure to set the New Term of Delivery in same, all terms as mentioned in the above Arts. 10.10.2 (i), (ii) and (iii) and 10.10.3 (i), (ii) and (iii) will run from the original term of delivery.
10.7.4 Acceptance of the New Term of Delivery in the case in which Articles. 10.10.2 and 10.10.3 and the user’s choice, in the case in which Articles 10.10.2 (ii) and (iii) and 10.10.3 (ii) and (iii), shall be communicated to DAUREKA SRL in good time and by email at the address as stated in Art. 15 below.
10.7.5 In all cases as stated in the abovementioned Articles 10.10.2 and 10.10.3 in which the user is entitled to a refund, the amount will be communicated to the user by email. It will be accredited to the same payment means used by the user to make the purchase, in case of payment using credit card or PayPal. In the other cases, DAUREKA SRL will ask the user to provide the bank details needed to make the refund. Any delays may depend of the banking institute, credit card type or payment solution used.
10.7.6 It is the user’s responsibility to check the condition of the product on delivery of same. Without prejudice to the fact that the risk of Product loss or damage, for reasons that cannot be attributed to DAUREKA SRL is transferred to the user, when same, or a third party appointed by same or other than the carrier, enters into material possession of the Products, the user is advised to check the number of Products received and to ensure that the packaging is whole, undamaged, and not wet or altered, including the material used for closure (adhesive tape or metal clips), the user is also invited, in their own interest, to state any anomalies found on the carrier’s transport document, accepting the package with reservation. Receipt of the Products without reservation does not allow the user to act legally against the courier in the case of lost or damaged Products, except in the case in which said loss or damage is caused by gross negligence on the part of the courier and with the exception of the partial loss or damage that cannot be seen at the time of delivery, provided, in this latter case, that the damage is reported as soon as it becomes evident and not later than eight days after receipt. In case the packaging has evident signs of tampering or alteration, the user is advised to communicate this immediately to the Customer Service Dept. This is without prejudice, in any case, to the application of regulations concerning the right to withdraw from contract and to statutory conformity guarantees.