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Legal Info

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 Terms and Conditions

1. RIGHT OF WITHDRAWAL

1.1.      These conditions apply to all purchases of products or services that are sold through this website by DIORAMAS of Dario D'Alessandro, as a seller, to the consumer. These terms and conditions are governed by Italian Legislative Decree no. 22 May 1999, n. 185 on the protection of consumers in respect of distance contracts and by Italian Legislative Decree no. 9 April 2003, n. 70 in implementing the European Directive on Electronic Commerce no. 2001/31/EC, together with any other applicable laws and regulations.

1.2.      To the consumer, it is recognized as a "cooling off period" during which he can cancel his order for any reason without having to incur the payment of any penalty. This period is up to ten (10) working days after the delivery of the products and up to ten (10) business days following the date of acceptance by us for orders relating to services.

1.3.      The right of withdrawal, for orders relating to services, will no longer be exercisable if the usability of such services to be started before the end of the expected cooling off period. The right of withdrawal will not apply in relation to products tailored or customized to the order. The right of withdrawal will not apply in relation to products that are returned damaged. It is understood that any material that is supplied with the product or service must be returned sealed together with the other items received.

1.4.      All notices of cancellation must be sent by e-mail to DIORAMAS of Dario D'Alessandro, to the address info@dioramas.it. The notice of withdrawal shall be deemed made on the day of shipment with notification of the shipping code by e-mail.

1.5.      If the consumer makes use of this right of withdrawal, he has to prepare the necessary precautions designed to preserve the product in his possession and also, at his own expense and within 10 working days of receipt of goods: return goods directly to us or to our authorized representatives or make them available for collection as requested. If he  paid in advance, he will be refunded promptly and free of charge within 30 days of the date on which we become aware of his withdrawal.

2. ORDERS

2.1.      Any prices, quotations and descriptions made on the site or that the site references, is subject to availability, do not constitute an offer and may be withdrawn or amended at any time prior to acceptance of your order (as described below).

2.2.      DIORAMAS makes any reasonable efforts to ensure that the items declared on this website is actually available, but in any case we cannot guarantee that all items are in stock or immediately available when placing your order. We may reject your order without any liability if we are not able to undertake the course or do the same. In this case we will inform you and you will be refunded any monies paid in advance for the item in accordance with the provisions of law.

2.3.      Orders placed shall be construed as an offer sent to us for the purchase of products or services on the basis of these Terms and Conditions. The completion of the orders requires our acceptance. Once the consumer has completed his order, he will see a page where he will be asked to verify the information submitted, he must then check that the information is correct and, if necessary, correct it before submitting his order.

2.4.      Before our acceptance, it will be generated an automatic email confirmation of the order. Please note that such automatic acknowledgment, does not constitute a formal acceptance of the order.

2.5.      The acceptance of the order will take effect and the contract will be considered completed when the offer will be accepted by us through evasion of the order or the beginning of the performance of the services required and acceptance of the credit card or other payment method ("Acceptance").

2.6.      We may keep a record of orders received, of any acknowledgment, acceptances, contracts and any other contract documents for a reasonable period after Acceptance, within the law. The documentation will be stored electronically our offices in our processor and will be accessible to our staff who needs to consult in relation to their duties for the proper performance of the Terms and Conditions and any third party to which we may use for performance of the terms and conditions, in addition to those entitled to access under the law. We can provide copies of the documentation in response to a written request, but in any case the consumer will be required to print a copy of all the above mentioned documents and the Terms and Conditions for his records. Notwithstanding the foregoing we will respect the law concerning the information, which will be necessarily provided.

3. REPRESENTATIONS

3.1.      The consumer states that the information provided in the order, is date, materially accurate and sufficient for us to fulfill his order. Also he represents that he has got the legal capacity to enter into a contract.

3.2.      Unless otherwise agreed or otherwise provided by law, any warranties provided in relation to the goods or services, have value to it if and only if compared to the products or services, the consumer is a user and not a reseller.

3.3.      Without our prior written consent, the consumer cannot hold any existing warranty, commitment or other obligation on our part or producers, licensors or suppliers of the products.

4. PRICES AND TERMS OF PAYMENT

4.1.      The prices cannot be confirmed prior to acceptance of the order.

4.2.      The prices fixed for the products or services are those in effect at the time of the receipt or delivery, unless otherwise agreed expressly agreed. Prices may be indicated on the site or in the notice of confirmation of the order but in case of divergences, the price that will prevail, will be notified at the time of our acceptance.

4.3.      Prices, unless otherwise agreed, will be considered in the currency indicated on the website and will remain in force for a period of 30 (thirty) days.

4.4.      We will have the right, at any time prior to Acceptance to withdraw any discount and / or modify the prices in order to take account of increases in costs included as costs of materials, transport, labor, increases in the tax burden, the imposition of any tax, duty or other levy and any variation in exchange rates. Upon the occurrence of such circumstances, we will inform the consumer promptly. Prior to our acceptance, we reserve the right to disclose errors in the description of the product or errors in the price. In this case, it will be given the consumer the right to confirm or cancel his order as we will ask to confirm his order, taking into account any changes or to cancel it. If he decides to place the order, however, he agrees that the product or service will be provided in accordance with the amendments made in relation to the description or price of the product or service.

4.5.      The places that we deliver to, are listed on the site ("Country"). Unless otherwise specified, prices quoted are net of the costs of shipping or carriage to the agreed place of delivery within the country where the costs are listed on the site. In this case, the consumer agrees to pay the costs of shipping or carriage of products as specified by us prior to his purchase. If the costs of shipping or carriage relative to his country were not present on the site, will be notified by e-mail prior to shipping in order to obtain confirmation of his order.

4.6.      Payment must be made prior to delivery by credit card or debit card or in any other manner indicated on the website and not through other means without our prior consent.

4.7.      Except as expressly provided in these Terms and Conditions or on the site and to the maximum extent permitted by law, payment may be withheld entirely notwithstanding any claim for incorrect delivery or defects.

4.8.      The charge on credit card or debit card of the consumer, will take place at the time of shipment of the products or beginning of the provision of services. We reserve the right to verify the payments made by credit card or debit card prior to Acceptance.

4.9.      If the amount due is invoiced, payment must still be made before delivery.

4.10.   Any extension of credit that may be granted, may be modified or withdrawn at any time. Interest will accrue on the amount due and shall be calculated on a daily basis at the maximum rate permitted by law from the date on which the sums payable to prove balance (whether before or after the issuance of a judgment). At our request the consumer shall indemnify for any expenses incurred in relation to recovery of any overdue amounts.

5. RESOLUTION

5.1.       If the consumer is subjected to bankruptcy or insolvency or enters into a composition with his creditors or he is issued against him a court order of liquidation or undertakes or suffers any similar action by reason of his debt or at least there may be reason to believe that he will fail to meet his obligations when they become due, or fails to make payment of any amount due on the date or breach any provision of these Terms and Conditions we, to the extent permitted by law and without prejudice to any of our other rights: stop any products in transit and / or suspend the delivery of additional products and / or terminate or suspend provision of services and / or by written notice, cancel orders made by and fix any other contracts to be.

6. DELIVERY AND RISK

6.1.      The dates and times listed on the site, in any acknowledgment, acceptance of order or elsewhere, shall be construed as estimates only. If we endeavor to meet such timescales or dates, we do not undertake to dispatch the products and / or begin the performance of services under specific dates and times, and therefore, to the maximum extent permitted by law, we will not be responsible for any delays or the inability to comply with the dates and times indicated.

6.2.      Delivery will be made to a valid address within the country indicated from the consumer and subject to Acceptance ("Delivery Address"). It is to bear the burden of verifying the delivery address on any acknowledgment or acceptance we will provide and notifying us, without delay, any errors or omissions. We reserve the right to charge for any extra costs arising from changes the consumer make to the Delivery Address after he submits an order.

6.3.      If the consumer refuses or fails to take delivery of the product in accordance with the provisions of these Terms and Conditions, all risk of loss or damage to the products will still be against him and without prejudice to any of our other law. On request, he will be required to pay all costs of storage of the products and any additional costs incurred by reason of such refusal or failure to take delivery. To the fullest extent permitted by law we are entitled, 30 (thirty) days after the agreed date for delivery to dispose of products in such manner as we determine and the proceeds from the sale of the same may be set off against the sums due.

6.4.      Except for the statutory rights recognized to the consumer by the law, he will have no right to reject the products as a whole or even in part to incomplete delivery and will still be held to pay for the whole despite the delivery has taken place or is incomplete.

6.5.      When the delivery of the goods is by installments, each consignment shall be deemed to include reference to a contract separate and distinct. Any defect in any one or more installments will not entitle the consumer to repudiate the contract as a whole nor to cancel any orders for the next deliveries.

6.6.      Except as otherwise provided in these Terms and Conditions, the risk of loss or damage of the goods will be borne by the consumer on the occurrence of the first of the following circumstances: the delivery of products or the time when the products come into his possession or in the possession of a courier or other transport available to the consumer.

7. REJECTION, DAMAGE OR LOSS IN TRANSIT

7.1.      The consumer must inspect the products upon delivery and verifying that the conditions of the products are satisfactory in relation to those indicated in the description and that the goods are complete. The consumer may return the products purchased in accordance with the Terms and Conditions or the Regulations of return (Return Policy) on the site.

7.2.      Except as specified above or as provided by the regulations of the applicable refund and subject to the rights that are recognized by law and which can not be excluded or limited by the Terms and Conditions, we will not be liable and the consumer has no right to refuse products and services, unless the damage or loss of the goods or part of them occurred during transport (where the goods are transported in our vehicles or couriers we charge) when that event will be notified within 8 working days from the upon receipt of the products. The defects of the products (which are not caused by his act, neglect or omission) are communicated in writing within 30 days from the date of receipt of goods. The incorrect provision of services (provided that it is not of inaccuracies caused by his act, neglect or omission) will be notified in writing within 15 days of its discovery. We will not be responsible for any damages or losses arising from defective installation of the products, for use of the products with other units that are defective, unsuitable or defectively installed equipment for consumer negligence, misuse or in any manner inconsistent with the specific or the manufacturer's instructions. If there is a shortage of stocks or non-delivery or any defects or damage affecting a product or service, without prejudice to any other provision of law we may, at our discretion (in case of failure of products or non-delivery) make up such failure or non-delivery and / or in case of failure or incorrect operation of the service, to remedy that lack or inaccuracy of operation in case of damage or any defect in the product and compliance with the applicable Rules of Restitution, we will replace or repair the product provided that it is returned or refund the price paid for each product that has proven to be damaged or defective.

8. SOFTWARE

8.1.      If any product supplied is or includes software, the software must be understood licensed by us or licensor / owner thereof, within the terms of the end user license or other license terms that accompany the software ("License Terms ") and / or the product. In addition, the software may not be copied, adapted, translated, made available, distributed, varied, modified, subjected to disassembly, compiled, subject to a process of reverse engineered or combined with any other software, except to the extent permitted by the Terms of Service License, or that this right is expressly provided for by law and which cannot be excluded by contract. Except as required by any provision of the Terms of the License Agreement, consumer rights to return and / or refund under the Terms and Conditions and any Regulations refund will not apply if he opens the box or the software and / or destroys the license seal and / or using the software. Except as otherwise expressly permitted by us in writing or under relevant License Terms, the software will be provided in the state of fact and law on which it is located ("as is"), without any warranty, term or condition in relation to its quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or representations about the installation, configuration, or the correction of an error / defect in the software. We inform the consumer with regard to the determination of his rights against a manufacturer, licensor or supplier of the software he must make reference to all the terms and conditions contained in the License Terms.

9. LIMITATION OF LIABILITY

9.1.      To the fullest extent permitted by applicable law our aggregate liability (whether due to negligence, breach of contract, misrepresentation - unless intentional - or otherwise) shall not in any case exceed the cost of products or services faulty, damaged or not delivered (the value of which shall be determined by the net amount of the price stated in the invoice / charge) in relation to any event or series of events. Although aware of, to the maximum extent permitted by law, we will not be liable for any special, punitive, incidental, indirect or consequential damages, or for his failure in carrying out orders or loss of income, revenue, profits, contracts, data, goodwill or savings.

9.2.      Except as otherwise provided in these Terms and Conditions and to the maximum extent permitted by law, and any terms, conditions, warranties and statements (whether express or implied by law, common law or other source) must not fall. We cannot be held responsible for any loss, damage or injury whether resulting from defective material, workmanship defect or other cause, regardless of whether or not this is due to our (or our employees or agents) negligence, subject to the exclusion or limitation of liability for gross negligence or intentional abuse or other offenses under the law.

9.3.      Nothing in these Terms and Conditions is or shall be construed to limit or exclude our liability or that of the manufacturer, the licensor or the supplier to the consumer, if the law in his territory that liability cannot be excluded or limited by contract.

9.4.      These terms and conditions are not going to affect the rights recognized by law for consumer protection. He may exercise such rights at his discretion.

10. CONSERVATION OF PROPERTY

10.1.   If, for any agreements, notwithstanding these Terms and Conditions, the products were delivered or started to use the services before payment, the right to own the product or service, will not be transferred to the consumer until the full payment of the relative price of the order (including any interest or other amounts due in respect of the products and / or services). Until the entire payment for the products and / or services will not be made, the consumer will retain possession of the products and / or services as our agent and keep (in accordance with clause 10.2 of the Terms and Conditions that follow) products so that it is possible immediately recognize that they are our property, and he keep proper and accurate records to enable us to distinguish the goods for which payment has been made in full from those for which payment is pending.

10.2.   If a consumer sells a product, to the fullest extent permitted by law, he shall keep (on a fiduciary basis) all proceeds of such sales in trust for us and in a separate account. The consumer agrees that as soon as they are asked by us to assign all rights to such proceeds and that separate account and / or all rights and claims which may have against any customers because of such sales until payment above is not fully executed, he also agrees that such rights or claims cannot be assigned to any third party without our prior written consent.

10.3.   We reserve the right (within the law) to repossess any products and / or services in respect of which the payment is overdue, declined or lapses and thereafter to resell the same and for this purpose, the consumer gives us an irrevocable right and license to our employees and agents to enter upon its premises during normal working hours. This clause 10.3 of the Terms and Conditions shall remain in force even after the termination, for whatever reason, the contract.

10.4.   This clause "10. CONSERVATION OF PROPERTY '" of these Terms and Conditions will apply only if permitted by law and to the maximum extent permitted by the same.

11. THIRD PARTY RIGHTS

11.1.   The consumer shall indemnify us against all liabilities, claims and costs incurred by or as a direct or indirect result of providing the services or carrying out any work on or to the products where this has been done to his (or its representatives) specific requirements or specifications causing an infringement or alleged infringement of the intellectual property rights of third parties.

11.2.   To the fullest extent permitted by law and save where expressly set out in any License Terms or elsewhere, we will not be liable to the consumer where the goods or services infringing or being alleged to infringe the intellectual property rights of third parties. If the items are or may be the subject of patent, copyright, database right, registered design, trade mark or other rights of third parties, you should refer to the specific terms of the manufacturer and / or licensor / owner of the product. We shall be obliged to transfer only such right or title as we have.

12. WARRANTY

12.1.   All product descriptions, illustrations, drawings, particulars, dimensions, performance data and other information available on the website or by us are intended as a general illustration of the products and do not represent in any way a our guarantee or declaration of conformity of the products to them. To determine the content of their rights and means of redress acknowledged to the consumer, he should refer to the manufacturer's specifications or warranty documentation.

12.2.   The consumer will have the benefit of the warranty provided by the manufacturer, licensor or supplier of the products supplied, and he will have to refer to the documentation supplied with the product. (If applicable, the Rules of Return (Returns Policy) may also set out procedures applicable to repairs or replacement of defective products).

12.3.   The consumer's right to repair or replacement of any product or any component found to be defective will be refused unless otherwise provided herein and in accordance with law, or rendered void if the products have been repaired or altered by persons other than the manufacturer, us or any other authorized person, and / or the defective product or defective products have not been returned together with full details in writing of any defect within 30 days from the date of notification of defects, carried out in compliance with the provision of the Terms and Conditions above, and / or defects are due, in whole or in part, to misuse, improper use or storage or maintenance or installation, or failure to follow instructions provided by the manufacturer or other instruction given by us or supplied with products delivered.

13. APPROVALS, CUSTOMS DUTIES AND EXPORTS

13.1.   Should it be necessary to the issuance of any license or consent of any government or other authority for the acquisition, carriage or use of the products by the consumer, he shall obtain such license or consent at his own expense and if necessary, at our request, shall provide evidence. Failure to comply with this obligation does not not entitle him to withhold or delay payment of the price. Any additional expenses or charges incurred by us resulting from such failure, shall be borne by the consumer.

13.2.   The products that will be licensed or sold in execution of the Terms and Conditions may be subject to the laws and regulations on export controls applicable in the country or other jurisdiction where the products are delivered or where they will be used. The consumer will be responsible for compliance with applicable law and shall not engage in any conduct contrary to or sanctioned by itself.

13.3.   Articles imported into the territory of the European Economic Area (EEA) that exceed a certain value will be subject to customs duties (particularly when the costs exceed its limits personal exemption of import). Shall be subjected to customs duties, import taxes, and taxes, levied when the product reaches the destinations listed by the consumer. Any additional costs for customs clearance or for import taxes or applicable taxes will be borne by the consumer, as we have no control over this type of taxation. The consumer will therefore contact the customs offices of the various jurisdictions to receive more information on the rules and duties of specific interest.

 14. COMMUNICATIONS

14.1.   Except as stated above in relation to cancellation of orders placed by a consumer, any communication or notice in relation to the contract, shall be made by hand delivery, pre-franked mail, fax or e-mail to the last address or contact that each party has notified the other in writing. This will also be the address to which communications should be addressed prescribed by law in relation to legal proceedings. Except as provided above in relation to cancellation of consumer orders, such notices or warnings, if properly addressed, will be considered if received in relation to hand delivery, on the date of delivery to the relevant address (or, in the case of non-working days on the first working day after) if they sent by post within 5 working days from the date of dispatch, if they sent by fax, the date of transmission if proven by the ratio of shipping (or, if it is not a business day, the first working day following); if they sent by e-mail, to the realization of one of the following circumstances that comes first and that is, at the time of confirmation of receipt by the recipient of the e-mail, or at the time when the sender has received notice that the sending of e-mail has been successful or that the e-mail sent has been opened, or, after a period 48 hours of submission, unless the sender has received notice that the transmission has been successful.

15. PERSONAL INFORMATION AND PRIVACY POLICY

15.1.   We respect the law on the protection of personal data and use the information that identifies you personally or that may personally identify you ("Personal Information") only in accordance with the provisions of our Privacy Policy, available on the homepage of our website under "Privacy. "By submitting his personal data, consumers recognize that such data will be treated to comply with his order and for the purposes specified in the Privacy Policy.

15.2.   In relation to security of orders placed, our security software will protect, means of encryption codes, your personal data, including numbers of credit cards or debit cards, name, phone number and address. This means that the data entered by the consumer, will be converted into codes which will be transmitted securely over the Internet.

16. GENERAL PROVISIONS

16.1.   The consumer shall not assign, transfer, ascribe, assign, or declare assign, transfer, attributable to assign rights granted him by the Terms and Conditions.

16.2.   It cannot be charged to us any liability to the consumer, or any breach of contract for any loss or damage suffered to the extent that such loss or damage has been direct or indirect result of events which prevented, hindered or delayed in the fulfillment of our circumstances beyond our control, including, but not limited to war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance of workers, breakdown of plant or machinery, interruption in the supply of power or materials and in such event, under the law, we may cancel your order and reimburse you for any payments made.

16.3.   The consumer acknowledges that these Terms and Conditions supersede and cancel all previous contracts, agreements or understanding to work oral or written, express or implied, between us. These Terms and Conditions prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent permitted by law. To the fullest extent permitted by law, we reserve the right to change these Terms and Conditions without prior notice.

16.4.   No relaxation, forbearance, delay or indulgence on the part of the consumer or us in enforcing these Terms and Conditions or the granting of a party to the other, shall prejudice or restrict such rights and powers.

16.5.   No waiver of any term or provision of these Terms and Conditions, shall be effective unless in writing and signed by us. The waiver of a breach of any provision of these Terms and Conditions shall not be construed as a waiver of any subsequent breach or provisions.

16.6.   If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these Terms and Conditions is illegal, unenforceable or invalid under the law of any relevant jurisdiction, these Terms and Conditions will not be affected and their effectiveness in other jurisdictions to extent that such determination or finding has no application and the relevant jurisdiction, the part of these Terms and Conditions shall not affected by these vices, to the fullest extent permitted by law, shall remain in full force and effect.

17. APPLICABLE LAW AND JURISDICTION

17.1.   The validity and performance of these Terms and Conditions shall be governed by Italian law and the parties submit to the exclusive jurisdiction and expressly accepted by the competent Italian courts for any action arising out of disputes.

17.2.   The languages of these Terms and Conditions are Italian and English. In accordance with the law, the language that will be used in case of disputes or any other procedure will be the Italian one.

17.3.   Clauses 17.1. and 17.2 of these Terms and Conditions shall not apply where the law of the place of residence of the consumer requires the application of another law and / or jurisdiction and / or language the application of which cannot be contractually excluded.