GENERAL TERMS AND CONDITIONS

This general terms and conditions (hereinafter the “Terms and Conditions”) rule any and all the purchases of our products made on this present website und1c1.com (hereinafter the “Website”).

 

By accepting them and effectively purchasing a product of our company, You are fully entering into a sale and purchase agreement (hereinafter the “Contract”) with DM Giochi S.r.l.s., an Italian Company with registered office in Udine (UD), Via Anna Muratti Moretti n. 7/01, Fiscal Code and VAT no. 10127950961 (hereinafter “DM”), duly represented by its time-to-time pro tempore legal representative.

 

The object of the Contract is a sale from DM, and a purchase by You (hereinafter, “You” or the “Purchaser”) of a product and/or service of DM (hereinafter, “Product”).

 

The relationship between You and DM, the Contract and this Terms and Conditions are regulated by the Italian Law, including the Italian Civil Code regulations on sale and purchase of goods (“vendita”) and the Italian “Codice del Consumo” (D.Lgs. no. 206/2005) if applicable due to Your nature of consumer (“consumatore”). Any other Law and/or Regulation, both Italian or International, shall be applied if its implementation on the specific relationship has to be considered mandatory.

This general terms and conditions (hereinafter the “Terms and Conditions”) rule any and all the purchases of our products made on this present website und1c1.com (hereinafter the “Website”).

  1. The Contract is entered between You and DM. By entering into the Contract You are purchasing a Product of DM under the previous and following terms and conditions.

  1. The price indicated into the Website in the purchasing process represent the final price for a Product to be paid by the Purchaser, including taxes, VAT if any and additional costs, but excluding custom duties costs. Transport costs shall be applied to, and paid by the Purchaser in the amount disclaimed in the Website during the above purchase process. As a general rule, the Purchaser shall not be charged for any further costs, exception made for those objective extra costs, even if previously forecastable or estimable, of which DM has informed the Purchaser before the purchase or in a reasonable term.

  1. The parties are not bound by the Contract if there are orthographical or typological errors pertaining the Product’s details (price too) in the Website. In such case DM will have the right to cancel the order and terminate the Contract not bearing any indemnification liability, nor other kind of liabilities, vis-à-vis to the Purchaser, only grating the latter with the reimburse of the price if paid in advance.

  1. The Product purchased by a Contract entered by the Website has to be paid by the Purchaser exclusively through the payment methods indicated into the Website. In case of payment by credit or debit card, or by other electronical instruments of payment, DM may hold the funds until the receipt of the payment is effective and definitive. As a general rule, payment date will be the same of the Contract. Payment terms are in advance, consequently DM will supply the Product only after their payment. Requests of invoices by the Purchaser can be submitted to DM only in advance, before terminating the purchase process on the Website. DM will apply any Law or Regulation ruling payments made by purchasers under the age of 18.

  2. Delivery terms should be shown on the Website during the purchase process. Such terms have to be considered expected delivery terms, depending on many factors and so accepted by the Purhcaser as merely forecast ones and not binding. In case the delivery terms are not represented into the Website, DM will deliver the Product to the Purchaser within a reasonable time frame and no later than 30 days after the Contract is effective. The Products shall be delivered exclusively to the address indicated by the Purchaser when finalizing the purchase process.

  3. In accordance with previous art. 2, the relative transport costs will be borne by Purchaser; the latter shall bear the custom duties costs too, if any; no liability shall be borne by DM about any custom process or procedure. The transport of the Product will be at Purchaser’s risk.

  4. DM recognizes to the Purchaser’s rights to cancel and/or the Contract in accordance with the abovementioned Italian Law and, if applicable, the “Codice del Consumo”. Such rights can be exercised by a written communication, to be sent via e-mail at info@und1c1 within the terms stated by Law, e. within 14 days after the Contract’s and order’s date. In case the Purchaser exercises such right, the same shall return the Product in perfect conditions, unused and perfectly packaged, bearing the transport costs, managing the transport under his liability, following the eventual instructions (as sending to the indicated address) that DM could eventually submit him after the exercise of the right to cancel the Contract. After receiving back the Product, verified its conditions to be consistent with the above indicated ones, DM will promptly reimburse to the Purchaser the paid price, eventually deducting only effective costs borne due to the cancellation of the order (as administrative and logistic costs, if any).

  5. In case the purchased Product is defective, the Purchaser must notify DM that he/she wishes to invoke the defect within 8 days after the defect was discovered or should have been discovered, in any case no later than 1 (one) year – or 2 (two) year in case the Purchaser is identified as “consumer” (“consumatore”) under the Italian Law – after the delivery’s date. Passed the latter term, no warranty remedy could be invoked. Any defective Product shall be returned to the Supplier. The transport costs for the return of the Product shall be initially at the expense of the Purchaser; the latter will manage the transport under his liability, following the eventual instructions (as sending to the indicated address) that DM could eventually submit him after the exercise of the rights stated by this present section 8. If analysis by DM shows that the Product has been returned by the Purchaser wrongly, DM shall be entitled to deliver back the Product to the Purchaser and to charge the transport costs (both, the above return ones and the ones to deliver back the Product to the Purchaser) to the latter, only on submission of the analysis report showing that the detect was caused by client or that no defect exists. Instead the analysis effectively reports a defect, DM – at its sole discretion – shall deliver to the Purchaser a replacement Product or shall ensure the technical activity to solve the problem, in any case at its costs.

  6. Upon significant breach by the Purchaser, DM may terminate the Contract. 

  7. If the Purchaser fails to collect a Product sent by DM at the indicated address, the latter may charge the Purchaser any additional costs eventually arisen.

  8. Warranties given by DM are the ones – and exclusively the ones – stated in accordance with the applicable mandatory Law.

  9. Any claim regarding the Contract, a Product, this Terms and Conditions and the relationship between a Purchaser and DM shall be exclusively dediced by the Tribunal of Udine.