General Conditions of Sale
1. OBJECT and DEFINITIONS
1.1. These General Conditions (" CG ") regulate the contractual relationship between Dynamopet S.r.l. , with registered office in Verona, via Dei Castagni n. 10, VAT number 04431160235, REA VR - 419851, in the person of the pro tempore legal representative (" Dynamopet " or the " Company "), owner of the website and related e-commerce platform www.dynamopet.com (the " Platform "), through which the Company offers for sale its food products and items for the care and well-being of pets (dogs, cats and other pets) developed according to the principles of phytotherapeutic medicine, using raw materials of natural origin (the " Products ") and the final user of the Platform (the " User "and, together with the Company, the" Parties ").
1.2. The GTC govern and regulate the use of the Platform by the User, cancel any previous provision between the Parties not expressly mentioned or attached and constitute the set of rights and obligations of the Company and the User. The GTC will be effective starting from the acceptance of the GC themselves through registration by the User and / or purchase of the Products, until the withdrawal or termination by one of the Parties according to the methods established below by the GC.
1.3. The use of the Platform is free of charge and allows the User to purchase Dynamopet Products. The User can make purchases through the Platform either after registration or without registration in "guest" mode.
1.4. The Platform and, in particular, the offers relating to the Products, may contain and / or possibly be accompanied by trademarks, information, text, photos, graphics and other material (the " Materials ") owned by Company and / or third party licensors.
1.5. In addition to the terms and words defined elsewhere in the GTC, the following are defined for the purposes of the GC itself:
- "Causes of Force Majeure" by way of example and without any limitative intent: natural disasters, lockouts, strikes, pandemics or any other event that is outside the reasonable sphere of control of Dynamopet and which prevents the full and correct fulfillment of obligations provided for by the GTC for the same;
- "Consumer Code" the Legislative Decree no. 206 of 6 September 2005 and subsequent amendments.
2. CONCLUSION OF THE GTC
2.1. By pressing the "Continue" button during registration and / or "proceed to purchase" when purchasing the Products or, in any case, using the Platform, the User declares to have read and expressly accepted the GTC. If the User does not intend to accept even one of the terms and conditions of the GTC, he is invited to refrain from using the Platform.
2.2. The User acknowledges and accepts that Dynamopet reserves the right to modify the GTC at any time, at its own discretion, by making the User aware of them through publication on the Platform. The mere use of the Platform after the modification will be valid as complete acceptance, by the User, of the modification itself. The User therefore acknowledges and accepts that it will be his / her responsibility to periodically check the Platform in order to check for any changes.
3. FINALIZATION OF REGISTRATION AND PAYMENTS
3.1. Registration ends following the timely completion of the Registration form by the User and / or by sending the purchase form completed by the Platform after the Products have been inserted into the electronic shopping cart (the " Shopping Cart "). The User acknowledges and accepts that the conclusion of the Registration or, in any case, the provision of their contact information, is a condition for proceeding with the purchase of the Products.
3.2. Before the final sending of the order concerning the Products (the " Order "), the User will be invited to check the contents of the Cart, in which summary will be reported: i) the data of the User or of any other recipient of the Order and of the Order in general, ii) the price of the selected Products, iii) the shipping costs and any additional accessory charges, iv) the methods and terms of payment, v ) any discounts and / or promotions applicable to the Order, vi) the address where the Order will be shipped and the billing address, vii) the timing of delivery of the Order and viii) the terms for exercising the right of withdrawal, as established below.
3.3. The User acknowledges and accepts that the purchase of the Products is possible only upon payment of the full price of the same, as specified in the Order, payment that can be completed by credit card and / or other means of electronic payments available on the Platform. The User acknowledges and accepts that the management of payments and billing are entirely delegated to third parties with respect to the Company such as, by way of example and not limited to, PayPal Holdings Inc. and / or Satispay Europe SA and are therefore governed by the general conditions of these third parties that the User undertakes from now to examine before concluding the purchase. In the event of payment by credit card, at the same time as the online transaction is concluded, the reference payment gateway will authorize the amount relating to the purchase made. The amount required for the purchase of the Product will be charged to the User's credit card at the time of purchase. In the event of a request for cancellation of the purchase by the User, Dynamopet will request the cancellation of the transaction and the release of the amount paid by the User. In this regard, the User acknowledges and expressly accepts that: i) the release times, for some types of cards, depend exclusively on the payment gateway system and can reach their natural expiry date (24 days from the date of authorization ) and ii) once the transaction has been canceled, in no case can Dynamopet be held liable for any direct or indirect damage caused by delay in the failure to release the amount committed by the payment gateway, giving up the User from now on to any claim in this regard.
3.4. The User acknowledges and accepts that the Company reserves the right to request additional information from the User on the User and / or on the payment data entered by them (e.g. identity document or copy of documents proving ownership of the credit used). In the event that the User does not provide the aforementioned information to the Company, the same reserves the right not to accept the Order.
3.5. The User acknowledges and accepts that at no time during the purchase procedure Dynamopet has access to the information relating to the User's credit card, transmitted via a secure connection directly to the payment gateway site that manages the transaction and no computer archive of the Company will keep. therefore, in this regard, the User renounces from now on to make any claim and / or dispute against the Company, which in no case can be held responsible for any fraudulent or improper use of the User's credit card by third parties.
3.6. The User acknowledges and accepts that it will be his responsibility, during the purchase of the Products, to indicate any reference to the tax code and / or VAT number and / or other data for billing in the event that he wishes to issue an invoice with this indication.
3.7. If the User is a consumer, as defined by the Consumer Code, that is a natural person who purchases the Products and uses the Platform for purposes not related to his professional activity or does not make the purchase by indicating a VAT number (the " Consumer "), once the online purchase procedure has been completed, Dynamopet will send the purchase summary via e-mail containing the link to the GTC that the User will print or save and still keep.
3.9. The User acknowledges and accepts that, if the contact information that he provides to the Company is not up to date and / or the User does not take care to communicate to the Company any updates of his information, including contact information, the User may not to receive the communications referred to in the previous article and, in this regard, waives from now on any claim against Dynamopet, including by way of reimbursement or compensation.
4. PRODUCT INFORMATION
4.1. The Products offered for sale by Dynamopet are made available through the Platform, at the prices and conditions indicated therein and subject to availability. In the event that, after the correct completion of the Order by the User, there is a total or partial unavailability of the Products ordered, the User will be immediately informed of this circumstance by Dynamopet via e-mail to the address indicated during registration or purchase. In this case, Dynamopet will ask the User to select one of the following options: total cancellation of the Order, with refund to the User of the full price of the Order; partial cancellation of the Order, with partial reimbursement of the price to the User, only for the unavailable Products; replacement of unavailable Products with other Products, which will only be effective once confirmed by e-mail by the User.
4.2. The User acknowledges and accepts that the prices of the Products offered for sale on the Platform are indicated in euros (€) and constitute the prices in effect at the time the Order is completed by the User and which include the applicable VAT at the time completion of the Order. The User acknowledges and accepts that any changes to the applicable VAT rate will be automatically reflected on the price of the Products shown on the Platform.
4.3. The User acknowledges and accepts that the prices of the Products do not include the shipping costs of the Order, which will be indicated in the summary of the Cart. The shipping costs of the Order will also be summarized in the confirmation e-mail sent by Dynamopet to the User after acceptance of the Order. The general information relating to the shipping costs of the Orders are shown in the footer of the Platform and, in this regard, the User acknowledges and accepts that the same can be changed at any time by Dynamopet, without prejudice to the shipping costs of the Orders already accepted. by the Company.
4.4. The User acknowledges and accepts that Dynamopet may at any time make changes to the information relating to the Products, such as prices, description or availability of the Products, without notifying the User in advance. In any case, Dynamopet will not make any changes to the price, availability or description of any Product after its acceptance of an Order.
4.5. The Products will comply with the applicable legislation in Italy in force at the time of purchase of the Products themselves.
4.6. The User acknowledges and accepts that Dynamopet does not guarantee that the information on the packaging of the Products will be translated into all the languages of the European Union. However, this information will be available at least in Italian.
5. DELIVERY OF PRODUCTS
5.1. The Company will deliver the Products covered by the Order, in the manner chosen by the User or indicated on the Platform at the time of the Order. The Order will be delivered in a time between three (3) and thirty (30) days following the execution of the same, in accordance with the Consumer Code. In the event that the Company is not able, for any reason, to make the delivery within this deadline, it will promptly notify the User by e-mail sent to the address referred to in the registration or purchase and the User will have the right to: i) withdraw as regulated below; ii) agree with the Company an extension of the Order delivery deadline.
5.2. The User acknowledges and accepts that, at the time of delivery of the Order, the User, or the other recipient of the Order, will have the responsibility to verify that: i) the number of Products delivered corresponds to what is indicated in the transport attached to the Order received; ii) the packaging of the Order is intact and not altered, as Dynamopet will remain responsible for any damage to the Products covered by the Order only as long as the latter is not delivered to the User or to the different recipient of the Order.
5.3. In the event that the Order presents damages that the User believes to derive from transport, the User, or the other recipient of the Order, can refuse the delivery and immediately notify Dynamopet, who will make the necessary complaints to the shipper. , providing for a new shipment once the return of the damaged Products has been received, or a full refund of the purchase price of the damaged Product.
5.4. The User, also on behalf of the different recipient of the Order, acknowledges and accepts that, if he decides in any case to accept the goods for delivery, despite the packaging being seriously damaged and / or tampered with, in order to safeguard his rights he will have the 'burden to contest the unsuitability of the package to the shipper, by putting the writing "RESERVE TO CHECK GOODS BECAUSE OF ..." (indicating the reason behind the reserve in question) on the Order delivery document, from which he will be required a copy.
6. DAMAGES AND PRODUCT WARRANTY
6.1. In the event of a lack of conformity of the Products pursuant to Article 129 of the Consumer Code, the legal guarantee referred to in Articles 130 and 132 of the Consumer Code will apply. The User has the right to restore, without charge, the conformity of the Product by repair or replacement. In the event that these remedies fail, the User will be entitled to an adequate reduction in the price of the Product established by the Company or to the termination of the GTC. The User acknowledges and accepts that he will forfeit these powers if he does not report the lack of conformity of the Products to the Company within two (2) months from the date on which he discovered the defect. Furthermore, the User acknowledges and accepts that Dynamopet will be required to apply the above legal guarantee only within two (2) years from the date of delivery of the Order containing the Product.
6.2. The User, even on behalf of any other recipient of the Order, acknowledges and accepts that it will be his responsibility to check the status of the package and the Products at the time of delivery of the Order. In the event of a lack of conformity as regulated above, the User acknowledges and accepts, also on behalf of any other recipient of the Order, that it will be his / her responsibility to return the non-conforming Products to Dynamopet following the procedures described in the Returns Information on the Platform under penalty of forfeiture of the right to the aforementioned guarantee.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The User acknowledges and accepts that the Platform, as well as the trademarks, including the "Dynamopet" trademark and any trademark, registered or "de facto", used to distinguish the Products, as well as logos, domain names, designs, algorithms or software relating to the Platform and / or contained therein, any Material and any other intellectual and industrial property rights relating to the Platform and the Products (collectively, the " Rights "), are the exclusive property of Dynamopet and / or third parties, who have licensed them to Dynamopet, and are protected against unauthorized use, copying and dissemination by the legislation on intellectual and industrial property.
7.2. The User acknowledges and accepts that the use of the Platform and / or the Products does not give the User any rights regarding the Rights and therefore undertakes to refrain from any use of the same other than strictly personal and exclusively related purposes. to the use of the Platform and / or the Products.
7.3. Except as permitted by the GTC, the User may not download, copy, use, transfer, rent, sub-license, lend, modify, adapt, attempt to modify or alter the source code, perform reverse engineering operations, decompile, disassemble or otherwise operate, in whole or in any part on the content of the Platform.
7.4. Except as provided above, nothing contained in the GTC and / or elsewhere should be construed as a license or implied assignment, by acquiescence or otherwise, of the Rights to Users. Unauthorized use, copying, reproduction, modification, republication, updating, downloading, sending by post, transmission, distribution or duplication or any other abusive use of the Platform and all that object of the Rights or containing the Rights, by the User, must be considered prohibited. As a user of the Platform, the User undertakes not to use the Rights for illegal purposes and / or in violation of the provisions of the GTC and undertakes not to violate the Rights of Dynamopet and / or its third party licensors as described in the CG. Consequently, the User undertakes from now on to indemnify and hold harmless the Company from any damage or loss directly or indirectly resulting from the use that the User will make of the Platform, the Products and all the subject of the Rights in violation of the provisions of the GTC. Notwithstanding the foregoing, in the event of a violation or suspected violation of the Rights by the User, the Company reserves the right to suspend and / or block the User's account and not to allow him to make purchases on the Platform.
7.5. In relation to the Materials, the User accepts and acknowledges that the Company (i) has received from the aforementioned third parties the necessary authorizations exclusively for the purposes directly related to the Platform and the sale of the Products and (ii) cannot provide any guarantee regarding the correctness, truthfulness, completeness and originality of such contents and therefore, by way of example only, does not guarantee that the Materials will not violate the rights of third parties.
8. USER'S REPRESENTATIONS AND WARRANTIES
8.1. The User declares and guarantees: to have read and understood the GTC; who has the necessary powers to act for the purposes referred to therein, in particular in the case of a User who makes the purchase in the name and on behalf of a legal person, and who has the ability to act and sign legally binding contracts; that it will refrain from reproducing, duplicating, copying, using, selling, reselling and in any case exploiting the Products, Materials and Rights for purposes other than those provided for by the GTC; that it will refrain from any form of use, direct and / or indirect, of the Platform and the Products, contrary to the law or not in compliance with the provisions of the GTC; which will not spread viruses, spyware, adware, rootkits, backdoors, Trojans and other similar cyber threats.
8.2. The User undertakes as of now to indemnify and hold harmless the Company from any damage, claim, charge or expense that Dynamopet may incur, directly or indirectly, as a result of the User's violation of the guarantees given to previous article.
9.1. Except in the case of willful misconduct or gross negligence, the User acknowledges and accepts that Dynamopet will in no way be liable to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees, suffered and / or sustained by the User in connection with the use of the Platform and / or the Products. By way of example and not limited to, the Company cannot be held responsible for any damage that may derive to the User's devices from any security breach or any virus, bug, tampering, unauthorized intervention, scam, error, omission, interruption , cancellation, defect, delay in operations or transmissions, failure of computer lines or any other technical or other defect, if such an event is related to the Internet transmission initiated through the Platform or otherwise. Furthermore, the Company will in no way be liable to the User for any delays or failures related to the operation of the Platform and / or to the supply and / or shipment of the Products in the event that such delays or failures derive from Force Majeure. .
9.2. Dynamopet is not responsible for the contents of websites to which links and information exist within the Platform. These links and such information are provided solely for the convenience of Users and access to these sites is at the discretion and sole responsibility of the Users themselves. A link from the Platform to any other website does not imply that Dynamopet approves, endorses or recommends said website in any way or has any control over any element of the content of said website. However, and to the extent permitted by law, neither the Company nor any of its operators, managers, employees, representatives, branches, affiliates, licensees, agents or other personnel involved in the production, sponsorship or promotion of the Platform, will be held responsible for i) direct and indirect damages, connected to the use of the Platform itself and to the use of the services, including damage to property deriving from theft or tampering, damage related to physical injury or death; ii) damages to a User resulting from legal actions, errors, violations, negligence, misrepresentation, liability for unlawful acts attributable (partially or totally) to a third party (or to its employees, directors, officers, agents, representatives or affiliated companies); iii) direct and indirect damage to honor and reputation suffered during the use of the Platform and the Products; iv) damages deriving from the incorrectness and / or failure to update the information provided through the Platform.
The User undertakes to indemnify and hold harmless Dynamopet, its subsidiaries and affiliates, as well as their respective representatives, partners, collaborators and employees from any damage, liability, appeal or claim for compensation, including legal defense charges in reasonable measure, advanced by third parties as a result of the use by the User of the Platform and the Products in a way that does not comply with the GTC and / or the incompleteness or untruthfulness of the declarations and guarantees contained in the GC.
11.1. In fulfilling its contractual obligations, Dynamopet undertakes to comply with the provisions of Legislative Decree 196/2003, integrated with the changes introduced by Legislative Decree no. 10 August 2018. 101 (the " Code ") and of the EU Reg. 2016/679 (the " Regulation ", with the Code, the " Privacy Law ") And, for this purpose, undertakes to adopt all physical, logistical and organizational security measures necessary and adequate to guarantee compliance with the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing. The data may be processed exclusively to the extent strictly necessary for the activities to be carried out pursuant to the GTC.
11.3. By accessing their account, the User may at any time correct, rectify or update their personal data. If the User decides to delete their personal data, all stored data relating to the User will be deleted by the Company. If the complete deletion of the User data is not allowed and / or the retention of a copy of the information relating to the User is required by law, the data will be blocked in relation to any further processing.
The User may not transfer the GTC and / or his account on the Platform to third parties either in whole or in part.
13. SURVIVAL OF CLAUSES
13.1. Without prejudice to the provisions of the same regarding changes by Dynamopet, the GTC will remain effective until the moment in which the User or the Company will determine their termination within the terms provided by the GC.
13.2. The clauses of the GTC contained in the following paragraphs will remain valid and effective even after the termination of the effectiveness of the GC: User declarations and warranties; Intellectual Property Rights; Responsibility; Indemnity; Survival of Clauses; Applicable Law and Jurisdiction; Various.
14. WITHDRAWAL FROM THE GTC
14.1. Without prejudice to what is otherwise specified in the GC, if the User is a Consumer, he has the right to withdraw from the GC without the need to provide explanations and without any penalty, by means of a written communication to be sent by registered letter with return receipt to the address indicated in the epigraph. , sent in advance by e-mail to email@example.com, provided that this e-mail is confirmed by sending the aforementioned registered letter within the following forty-eight (48) hours. Dynamopet undertakes to follow up on the notice of withdrawal referred to in this article within a reasonable period of time.
14.2. In particular, the User has the right to withdraw from the GTC within fourteen (14) days of purchasing the Products. Upon withdrawal in accordance with the GTC and the Returns Information, present on the Platform, i) the Company will refund the User the price paid for the purchase, without undue delay and in any case no later than fourteen (14) days. from the day on which the same has been informed of the User's decision to withdraw from the GC in compliance with the provisions therein and ii) the User will return any Products already received at his own expense in compliance with the provisions below. The refund will be made using the same payment method used by the User to purchase the Products, unless the Parties have expressly agreed otherwise.
14.3. The User acknowledges and accepts that it will not be possible for him to exercise the withdrawal or obtain any refund of the purchase price, in the event that the User has already used, in whole or in part, the Products, renouncing from now on any claim in this regard. In case of purchase of Products, the User acknowledges and accepts that it will be his / her responsibility to return the Products purchased to the Company - under penalty of forfeiture - within fourteen (14) days from the date of communication to the same of the withdrawal and in accordance with the established in the Returns Policy. In particular, the User acknowledges and accepts that: i) to be entitled to a full refund of the price paid, the Product must be returned to Dynamopet intact, in its original packaging and without having been used; ii) Dynamopet will refund the price paid by the User only after receiving the Product subject to the withdrawal bearing the characteristics referred to in point i). The User acknowledges and accepts that, for the purposes of exercising the right of withdrawal pursuant to this article, the direct costs of returning the Product to Dynamopet are borne by the User.
14.4. Without prejudice to the provisions of the previous articles, Dynamopet may withdraw from the GTC at any time, by simply communicating in writing to the User with at least fifteen (15) days' notice. In the event of withdrawal by the Company, the Company will refund the User, in whole or in part, the fees paid by the User in relation to the Products purchased by the User that the same cannot send. The refund will be made using the same payment method used by the User to purchase the Products, unless the Parties have expressly agreed otherwise.
Dynamopet, pursuant to art. 1456 of the Italian Civil Code, may terminate the GC with immediate effect, by simply sending a written communication by certified email or registered letter to the User, if the User has violated one or more of the following provisions of the GC: Finalization of Registration and Payments; User declarations and warranties; Intellectual Property Rights; Transfer. In any case, Dynamopet's right to compensation for greater damage remains reserved.
16. APPLICABLE LAW AND JURISDICTION
16.1. The GTC are entirely governed by Italian law.
16.2. Without prejudice to the provisions of the Consumer Code regarding competent court, any dispute arising between the Parties in relation to the validity, interpretation, execution and resolution of the GTC and / or in any case in connection with the GC will be the exclusive competence of the Court of Verona, with the exclusion of any other, including competitor or alternative.
17. GENERAL CLAUSES
17.1. Any tolerance by the Company towards User behavior in violation of any provision of the GTC does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand the correct fulfillment of all the provisions of the GC themselves.
17.2. Failure or delay in exercising a right due to Dynamopet pursuant to the GTC does not imply waiver of the same.
17.3. The GCs contain the overall agreement reached by the Parties in relation to the subject of the same and prevail over all previous communications, declarations, as well as understandings and agreements, both oral and written, reached by the Parties.
17.4. If any term or other provision of the GTC is declared null, void or inapplicable, all other conditions and provisions of the GC will remain, however, fully valid and effective. In the event that there is the cancellation or nullity of some term or provision as invalid, contrary to mandatory rules or inapplicable, the Parties undertake to negotiate in good faith to modify the GCs in such a way as to achieve the best possible original intention of the Parties in order to fulfill in the best possible way the commitments set out in the GTC.
17.5. Dynamopet and the User act in full autonomy and independence. The GTCs do not give rise to any relationship of collaboration, agency, association, intermediation or subordinate employment.
17.6. Any communication from one Party to the other pursuant to the GTC must be sent by registered letter with return receipt or, unless otherwise provided by the GC, by e-mail (provided with the option of notification of receipt) to the following addresses: for Dynamopet to the postal address indicated in the epigraph to the GTC, to the PEC firstname.lastname@example.org and to the e-mail: email@example.com. for the User: to the postal address or e-mail address communicated to Dynamopet during registration or purchase.