Terms & Condition
This document (together with the documents mentioned herein) contains the terms and conditions for the use of this website (http://dynamoshop.it/it/) and the purchase of the items contained therein (hereinafter the “Terms”). Please read the Terms and Conditions, the Cookies Policy and the Personal Data Protection Policy (hereinafter jointly referred to as the “Data Protection Policies”) carefully before using this website. The use of this website or the transmission of an order through this website implies your acceptance of the Terms and Conditions and Data Protection Policies. If you do not agree to the Terms and Conditions and Data Protection Policies, please do not use this website and/or place any purchase orders for items. If you have any questions, concerns or queries regarding the Terms and Conditions and Data Protection Policies, please contact us at the following link or email: firstname.lastname@example.org.
2. OUR DATA
The sale of products through this site is managed by Pro Dynamo S.r.l. with registered office in Foro Buonaparte 44, Milan, registered in the Register of Companies, tax code and Part. VAT 09014570965, telephone number 344/2899483, e-mail address email@example.com.
3. YOUR DATA AND YOUR ACCESS TO OUR WEBSITE
The information or personal data provided by you will be processed in accordance with the Data Protection Policies. By using the website, you authorize us to process such information and personal data and declare that all information and/or personal data provided to us is accurate and truthful.
4. USE OF OUR WEBSITE
By using this website and/or placing orders through it, you agree to:
(i) use the Website only to make legally valid searches or orders;
(ii) not to place any false or fraudulent orders. If we have reasonable grounds to believe that an order of this nature has been placed, we will be entitled to cancel the order and notify the relevant authorities;
(iii) provide us with your e-mail address, postal address and/or other contact details in a truthful and correct manner. You also consent to our use of this information to enable us to contact you (for this purpose, please refer to the Personal Data Protection Policy). If you do not provide us with all the information requested, we will not be able to process your order. By placing an order through this website, you warrant that you are of legal age and have the ability to act to enter into binding contracts.
5. SERVICE AVAILABILITY
The items offered through this website are available exclusively for delivery on Italian territory. Deliveries outside the Italian territory can be made by sending an express written request to the following link: “Contacts”. We will reply to you specifying the relevant shipping cost and delivery time based on the quantity and type of products you wish to purchase and the country of delivery, as well as payment terms.
6. MODALITIES OF CONCLUSION OF THE CONTRACT
These Terms and Conditions and the details contained on the website do not constitute an offer to the public, but merely an invitation to make a contractual proposal.
The contractual proposal will be finalized by sending the purchase order for the items you have chosen through the procedure below and may only be modified and/or revoked by and no later than 9.00 a.m. on the day following the date of the Order (as defined below).
To place a purchase order (the “Order”), you must follow the online purchase procedure specified in the article below. After submitting your Order, you will receive an email from us confirming receipt of your Order (the “Order Confirmation”), which will not yet constitute acceptance of your Order by us. All Orders correctly received are subject to our acceptance, of which you will be informed by sending a second e-mail confirming that your Order is being shipped (the “Shipment Confirmation”).
The contract for the purchase of the items you have chosen and ordered (the “Contract”) will be considered concluded and finalized only and exclusively when your order has been explicitly accepted by us by sending the Shipment Confirmation. Only the products indicated in the Shipment Confirmation will be subject to the Contract. If your Order is not accepted and your account has already been debited, the full amount of your Order will be refunded to you.
7. ORDER CHANGES
The Order may be modified by you, in whole or in part, only by 9.00 am on the day following the date of the Order through this link, with the indication of the Num
8. LIABILITY AND DISCLAIMER
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless expressly stated otherwise. All product descriptions, information and materials appearing on this website are provided “as is” and without any express or implied warranties, except as required by law. In this sense, if you are contracting as a consumer or user, we undertake to deliver items that are in conformity with the Contract, remaining responsible for the lack of conformity existing at the time of delivery. It is understood that the articles are in conformity with the Contract when:
1. (i) they comply with the description provided by us and possess the qualities presented on this website,
2. (ii) are suitable for the use for which the articles are normally intended,
3. (iii) show qualities and characteristics which are normal in articles of the same type and which can reasonably be expected.
To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded with respect to consumers and users. Our articles, especially those made by hand, have the natural characteristics of the materials used in their manufacture. Natural characteristics such as grain, surface texture, knots or colour variation should not be understood as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials must be expected and appreciated. We only select products of the highest quality, but this type of variation is inevitable and must be accepted as part of the characteristic appearance of the article.
These provisions do not in any way limit the rights granted to consumers under applicable law or your rights to terminate the Contract.
9. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks and any intellectual property rights in the materials or content presented as part of the website are owned by us and those who have licensed them to us for use. You may only use such material in the manner for which you have express permission from us or those who have licensed us for their use. This will not prevent you from using this website to the extent necessary to copy your order or contact information.
10. VIRUSES, PIRACY AND OTHER RISKS OF CYBER ATTACK
You must avoid any misuse of this site and avoid the introduction of viruses, trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If you do not have permission, you must not access the website or the server on which it is hosted or any other server, computer or database related to our website. You agree not to perpetrate DoS attacks against this website. Failure to comply with this clause may result in violations defined by law. If you fail to comply with this policy, we will inform the relevant authorities with whom we will cooperate to identify those responsible for the attack. Likewise, in the event of failure to comply with this Article, your authorization to use the website will be immediately withdrawn. We shall not be liable for any damage or loss resulting from a DoS attack, virus or other program or materials that may cause technological damage to your computer, computer equipment, data or materials as a result of the use of our website or the downloading of content from it or redirecting you to it.
11. LINKS FROM OUR WEBSITE
If our site contains links to other pages or materials of third parties, such links will be provided for information purposes only, without our control over the content or materials on such pages or sites. Therefore, we accept no liability for any damage or loss resulting from their use.
12. WRITTEN COMMUNICATIONS
Under applicable law, some of the information or communications we send you will be in writing. By using this website, you agree that the majority of communications exchanged with us will be in electronic format. We will contact you by email or by providing you with information by setting up notices on this website. For contractual purposes, you consent to this electronic means of communication by acknowledging that all contracts, notices, information and other communications we provide to you electronically will comply with the legal requirement that such communications be in writing. This provision does not in any way limit your rights under applicable law.
All communications addressed to us should be sent preferably using our online form that you will find in the “Contact Us” section or by sending an e-mail to firstname.lastname@example.org.
We reserve the right to send any communication to you by e-mail to the address provided at the time of order submission. Communications will be deemed to have been received and properly notified respectively when posted on our website, 24 hours after an e-mail has been sent. To prove that a communication has been served, it will be sufficient to prove that it was sent to the recipient’s e-mail address.
14. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding for you and for us, as well as for our respective successors and assigns. You are prohibited from transferring or assigning in any way the Contract, or any of the rights or obligations arising under it, without our prior written consent. We shall be entitled to transfer, assign, sub-contract or dispose freely in any way and at any time of the Contract or any right or obligation arising under it. For the avoidance of doubt, any transfer, assignment, sub-contract or other act of disposition of the Contract shall not affect your rights as a consumer or shall not in any way reduce or limit any of the warranties or liabilities offered by us, either expressly or impliedly.
15. FORCE MAJOR
We shall not be liable in any way for any failure or delay in performance of any of our obligations under the Contract caused by events beyond our reasonable control (“Force Majeure Events”). Force Majeure Event means any act, event, failure to act, omission or incident beyond our reasonable control, including but not limited to the following:
1. Strikes, lockouts or other labour unrest.
2. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (whether declared or not), or threats of war.
3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.
4. Inability to use railways, shipping, air, motor transport or other means of public or private transport.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations or restrictions of any government.
7. Any strike, disaster or accident at sea, post office or other relevant means of transport.
It is understood that the obligations under the Contract shall be suspended for the duration of the Force Majeure Events. We shall be granted an extension of the Contract for the duration of such period. It is understood that, even if Force Majeure Events are pending, we shall endeavour to find a solution by which to fulfil our contractual obligations.
If we fail, during the performance of the Contract, to demand the performance of any of your obligations, or of any of the obligations under these Terms and Conditions, or if we fail to exercise any of the rights or actions to which we are entitled under the Contract or these Terms and Conditions, this shall not constitute a waiver of such rights or actions and shall not relieve you from the performance of your obligations.
Our tolerance of your default shall not constitute a waiver of any subsequent default.
No waiver by you in respect of any of your obligations under the Contract or these Terms and Conditions will be valid unless you provide us with written notice.
17. PARTIAL NULLITY
If any article of the Terms and Conditions, or any part thereof, or any provision of the Contract is held by the competent authority to be invalid, illegal or unenforceable, such article, clause or provision shall be deemed to be unenforceable and the other articles, clauses and provisions shall remain in full force and effect to the fullest extent permitted by law.
18. INTEGRITY OF THE CONTRACT
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us with respect to the subject matter of the Agreement and supersede any prior agreement, understanding or agreement between us, whether oral or written.
Both you and we acknowledge that, in entering into the Contract, neither you nor we have relied on any representation, undertaking or promise made by the other party, or inferred from anything said or written during negotiations prior to the Contract, but only as expressly stated in these Terms. Both you and we shall be entitled to remedy any misrepresentation made by the other party, whether orally or in writing, prior to the date of any Contract (unless such misrepresentation was made intentionally) and the only action the other party may take shall be for breach of Contract as set out in these Terms.
19. RIGHT TO AMEND THESE TERMS AND CONDITIONS
We reserve the right to review and modify these Terms at any time. You will be subject to the General Terms and Conditions in force at the time of the order, unless a change to the General Terms and Conditions or Data Protection Policy is required by law or at the request of a governmental authority (in which case it will also apply to orders already placed with us).
20. APPLICABLE LAW AND PLACE OF JURISDICTION
The use of our website and contracts for the purchase of products through this website are governed by Italian law. Any disputes arising out of or relating to the use of the website or such contracts shall be submitted to the exclusive jurisdiction of the Court of Milan, expressly renouncing the parties to any other competing and/or alternative forum. If you are entering into the Contract as a consumer, this clause does not in any way affect your rights as a consumer under the law.
21. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send them through our contact form which you will find in the “Contact” section.