1 Introduction

These general contract conditions govern commercial relations between DEMENEGO SRL UNIPERSONALE Via Nazionale 49, 32042 Calalzo di Cadore (Belluno) – ITALY, VAT n. 00557540259, Economic and Administrative Index n.: BL 58193 Tel. +39 0435.505811 and the CUSTOMER, that take place through the telematic sales system (e-commerce) present on the store.demenego.it website.

The CUSTOMER declares to act in his/her capacity as a Consumer, except where, during the registration process, the CUSTOMER declares to act in his/her capacity as a Professional, by entering his/her VAT number. The contract specifies clauses that are not applicable to the CUSTOMER acting in his/her capacity as a Professional.

These general sales conditions can be subject to change, also without any forewarning, that will be effective as from the date they are posted on the website.

2 Prices and availability

DEMENEGO SRL UNIPERSONALE prices and commercial offers are those posted on the basket summary page, prior to the confirmation of the submission of the purchase proposal on behalf of the CUSTOMER. The prices indicated also specify the taxable amount as well as any VAT to be paid. Such amounts do not include any duties or tax applicable in the country of destination, where this is other than Italy, that will be at the CUSTOMER’s expense.

The CUSTOMER will pay the entire price of the goods ordered at the same time as they are dispatched. In case of the non-acceptance of the Order, DEMENEGO SRL UNIPERSONALE will promptly proceed with the refund of amounts already paid.

Within the context of the Order submission process, DEMENEGO SRL UNIPERSONALE proposes the several payment methods, such as the payment by credit card (for example: Visa, MasterCard, AMEX) and the payment through the protected system “PayPal”.

Within the context of the Order forwarding process, DEMENEGO s.r.l. proposes several methods of payment, including payment by credit card (e.g. Visa, MasterCard), the payment shall be carried out through the protected “Paypal” system.

During the purchasing stage, the CUSTOMER selects the payment method from those proposed by DEMENEGO SRL UNIPERSONALE If the payment channel chosen is temporarily unavailable, DEMENEGO SRL UNIPERSONALE will promptly inform the CUSTOMER of alternative payment channels.

Invoices will be issued solely in an electronic format and sent to the e-mail address provided by the CUSTOMER during the registration stage.

The availability of products is generally stated on the website and is constantly updated; such frequency is considered sufficient to guarantee very reliable information; however, this cannot exclude the possibility that a product stated as available, may not be in stock the moment the CUSTOMER submits the purchase proposal.

3 Order fulfilment methods

Before proceeding with the purchasing of goods, the CUSTOMER must register in the appropriate section of the website, by identifying him/herself using true and accurate data. Until the Order is sent, the CUSTOMER will have the possibility to check the data entered by clicking on the "Back" button.

By sending the Order and the simultaneous payment, the CUSTOMER makes a purchase proposal relating to the goods specified on the basket summary page. DEMENEGO SRL UNIPERSONALE reserves the right not to accept the proposal, by notifying the CUSTOMER of such decision within 30 days or rather if 30 days pass without receiving any reply whatsoever.

In any case, orders are considered to have been conditionally accepted as regards both the specified quantities and the terms of delivery. DEMENEGO SRL UNIPERSONALE cannot be held responsible in any way whatsoever, in cases of delay, deferral and reduction of quantities during the fulfilment of orders, without prejudice to cases of negligence or misconduct that can be attributed to DEMENEGO itself. Every single order or delivery is considered as autonomous and independent from any other order or delivery. The CUSTOMER declares to be aware that DEMENEGO SRL UNIPERSONALE will undertake to carry out the successful despatch of the product within 30 days from the expiry of the purchasing procedure; he/she also declares to be aware that DEMENEGO SRL UNIPERSONALE cannot be held responsible for the actual delivery of the product as such operation is not carried out by this latter company. Therefore, DEMENEGO S.r.l cannot be charged for any delays in delivery.

4 Right of Withdrawal

The CUSTOMER who acts in his/her capacity as a Consumer has the right to withdraw from the purchasing contract without giving any reason within 14 days from the date in which he/she, or a third-party individual, other than the carrier, receives the goods, comes into possession of such.

In these cases, the CUSTOMER informs DEMENEGO SRL UNIPERSONALE of his/her decision to assert his/her right to withdraw from the contract, by using instructions available on the website.

Alternatively, the CUSTOMER can send any explicit declaration stating his/her decision to withdraw from the purchasing contract by either certified e-mail PEC or registered letter with return receipt addressed to DEMENEGO SRL UNIPERSONALE - Via Nazionale, 49, 32042 Calalzo di Cadore (Belluno) – ITALY. The CUSTOMER can also use the form * below, in accordance with Art.49, paragraph 1, letter h) of Italian Legislative Decree n. 206/05.

* Withdrawal form in accordance with Art.49, paragraph 1, letter h) of Italian Legislative Decree n. 206/05:

Dear DEMENEGO SRL UNIPERSONALE - Via Nazionale, 49, 32042 Calalzo di Cadore (Belluno) – ITALY,
I, the undersigned ………………………………………. Address …………………………………… city ………………………..
By means of the present, do hereby notify my intention to withdraw from the sales contract relating to the following goods:
Order n° …………. Product name ………………………………… Product code ……………………..
colour …………… ordered on …………………………….. received on ………………………………
Date ……………. Signature ………………….. (only if this form is sent in a paper version)

Download the documentation

Conditions to exercise the right of withdrawal (return of goods)

The CUSTOMER, in exercising his/her right of withdrawal, returns the goods without undue delay and in any case within 14 days as from the date in which he/she notified the company of the withdrawal from the contract. The deadline is met if the CUSTOMER returns the goods prior to the expiry of the period indicated

To return a product, the CUSTOMER must:

  1. 1) Inform DEMENEGO SRL UNIPERSONALE of the intention to exercise of his/her right of withdrawal, making sure that the deadline has not expired yet;
  2. 2) Request the return identification number (RFI) from DEMENEGO SRL UNIPERSONALE;
  3. 3) Pay particular attention to the Seal of Warranty: its removal and/or tampering will lead to the impossibility to exercise the withdrawal and therefore to obtain a refund;
  4. 4) Make sure that the eyewear has its original packaging and any other components of the same (case, pouch, accessories, supports, supplementary components, etc.);
  5. 5) The CUSTOMER is responsible for the deterioration in value of the goods attributable to them being handled in a manner other than that which is necessary to ascertain the nature of the products and how they work. Therefore, make sure that the eyewear does not have any signs of wear and tear that may suggest that the it has been used outside the domestic context or a normal trial.
  6. 6) Send the returned product to DEMENEGO SRL UNIPERSONALE, by means of the same freight forwarder entrusted with the delivery of the same.

If the conditions above are respected, DEMENEGO s.r.l. will refund all the payments received from the CUSTOMER relating to the contract subject to withdrawal, including the delivery costs for EU countries and withholding € 31.00 for non-EU countries. The refund will be carried out using the same method of payment used by the CUSTOMER for the initial transaction. The currency used for the refund will be the Euro, even in the case in which the original payment has been made in another currency. In this latter circumstance, the exchange rate will be that of the day in which the refund is issued with reference to the price paid.

The Customer bears only the direct cost incurred as regards the returning of the goods, unless DEMENEGO SRL UNIPERSONALE has expressed the intention to bear also the delivery costs. DEMENEGO SRL UNIPERSONALE can withhold the refund until it has received the goods.

Unless DEMENEGO SRL UNIPERSONALE has offered to collect the goods subject of the withdrawal, DEMENEGO SRL UNIPERSONALE may withhold the refund until it has received the goods or until the CUSTOMER can prove that the goods have been returned, depending on which situation occurs first. DEMENEGO SRL UNIPERSONALE reserves the right to not accept or to conditionally accept parcels that are visibly damaged and/or show signs of tampering. DEMENEGO SRL UNIPERSONALE will assess, on a case-by-case basis the percentage of deterioration of the value of the product by notifying the CUSTOMER of the refundable amount.

The right of withdrawal is exclusively reserved for consumers (natural persons who purchase goods not for purposes linked to their business, commercial or entrepreneurial activities), therefore this cannot be carried out by legal persons and by natural persons who act for purposes attributable to their business activities. If the conditions relating to the withdrawal are not complied with and the CUSTOMER returns the product all the same, DEMENEGO SRL UNIPERSONALE will return the goods received only following a specific request made by the CUSTOMER to this effect and following the payment on behalf of this latter, in advance, of the delivery costs.

5 Sales-related information

The CUSTOMER declares, accepting these general contractual conditions, to have read the following information relating to the purchase and which are present on the website: a) the main characteristics of the goods in the basket; b) that the sale has been carried out by DEMENEGO S.r.l.) - Via Nazionale, 49, 32042 Calalzo di Cadore (Belluno) – ITALY; c) the total price of the goods, including the relative tax, all the additional delivery costs, the payment method chosen as well as the terms of delivery and fulfilment of the order; d) the conditions, terms and procedure to exercise the right of withdrawal in compliance with Art. 54, paragraph 1, of Italian Legislative Decree n. 206/05; e) that the purchased products are covered by the legal guarantee of conformity for goods; f) that the delivery times are those specified in the purchasing procedure. However, such terms are purely indicative and cannot be calculated precisely. DEMENEGO SRL UNIPERSONALE cannot be held responsible for any delay in the actual delivery; g) the description of the products present on the website is accurate and truthful, however due to display requirements, these may differ slightly and in a non-significant way when compared to the real product (e.g. in terms of colour, shape and size, etc). DEMENEGO S.r.l cannot be held responsible for such differences, unless these are significant and of considerable importance.

6 Product warranty

The purchases made by Customers in their capacities as Consumers are covered by Warranty-specific provisions, also foreseen by the Consumer Code. If the Consumer CUSTOMER encounters flaws and defects in the goods purchased, he/she must contact DEMENEGO SRL UNIPERSONALE, within the time limits foreseen by law (two months as from the discovery of such) and request the repair or the replacement of the Product. The choice between the repair or the replacement must be made by the CUSTOMER, unless the chosen solution is objectively impossible or unreasonably expensive when compared to the other option. The warranty described above is reserved exclusively to Consumers (natural persons who purchase goods not for purposes linked to their business, commercial or entrepreneurial activities), therefore this cannot be carried out by legal persons and by natural persons who act for purposes attributable to their business activities, for whom the warranty of the Civil Law Code remains.

7 Despatching and transport-related risks

DEMENEGO SRL UNIPERSONALE cannot be held responsible for the failure to deliver or the delayed delivery of goods due to force majeure, such as, for example, fires, earthquakes, floods, flooding and damage caused to the warehouses, or rather strikes, judiciary or administrative procedures, disruptions on roads, motorways etc. If, upon delivery of the goods, the packaging has evident dents, breakages, crushing, tearing, etc., the CUSTOMER is obliged to report the relative conditional acceptance of such, specifying in writing on the acceptance form provided by the carrier (bill of materials/delivery note etc.).

If the impossibility to deliver due to force majeure persists for a period exceeding 30 (thirty) days, both parties will have the right to terminate the contract. In all other cases, the risk of the accidental deterioration of the goods is transferred to the CUSTOMER with the delivery of the same to be carried out by the first carrier only in the case when the purchase is carried out by the non-Consumer CUSTOMER.

8 Applicable law and Competent Court

Italian law is applied. If the CUSTOMER acts in his/her capacity as a consumer (natural persons who purchase goods not for purposes linked to their business, commercial or entrepreneurial activities) the competent court is the one in one’s own permanent place of residence. In case of disputes relating to the purchase carried out by legal or natural persons who act for purposes attributable to their business activities, the only competent court to decide upon such matters is the one in Belluno. The Consumer resident in Europe is hereby informed that the European Commission has established an online platform that provides an alternative dispute resolution scheme. This tool can be used by the European Consumer in order to settle disputes out of court relating to the sales contracts of goods and services stipulated online and/or deriving from the same. Consequently, if you are a Consumer living in Europe, you can use this platform to settle any dispute arising from the contract stipulated online.

9 Personal data processing

The processing of the CUSTOMER’s personal data is governed by the informative note issued in accordance with Art. 13 of Reg. 679/16 “General Data Protection Regulation” during the user registration procedure.

10 Final Clauses

Once the authentication procedure, by entering the username and password has been completed, each activity carried out by such on the DEMENEGO SRL UNIPERSONALE e-commerce website is recorded in appropriate logs and is linked to the account created, according to the identification data provided by the CUSTOMER. Such information, uniquely associated with the password chosen, contractually constitute a computerised identification method in accordance with Italian Legislative Decree n.82/05 that are considered “safe” by both parties due to its objective characteristics of quality, safety, integrity and inalterability. This Contract is made available as from the moment it is drawn up through its sending to the e-mail address given in an electronic format. Any particular agreements have no value unless they have been specifically negotiated by both parties, either by e-mail or in writing, and in which case will constitute an addendum to this document. Upon request made by one of the parties, the other party will undertake to print this contract, to sign and send it to the applicant’s address, within 7 days.

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