Terms and conditions of use

1. Introduction

In this document are set forth the general terms and conditions of use of the web site corresponding to the domain name www.alducadaosta.com owned by Al Duca d’Aosta S.p.A. (hereinafter respectively referred to as the “Terms of Use” and the “Site”). All persons that are willing to surf the pages of this Site shall comply with these Terms of Use.

By accessing, using and surfing the pages of this Site you accept and agree to these Terms of Use. In order to make available these Terms of Use to the user of the Site, a link recalling this document will be showed by opening the home page www.alducadaosta.com.

Should you not want to accept these Terms of Use, you shall abstain from accessing and visiting the pages of the Site.

In addition to the above, by accessing to the Site, you implicitly acknowledge and state that you are 18 years old and that you will not use the Site or its content for illicit or otherwise unlawful purposes.

Al Duca d’Aosta S.p.A. reserves the right to change the content of this Terms of Use at any time without giving any prior notice to the users. As a consequence, you are strongly recommended to verify the Terms of Use before accessing to the content of the Site.

In the event that, by means of the Site, are offered goods and services or are made available specific contents governed by special terms and conditions published in the pages of the Site, those new terms and conditions shall prevail to the present ones.

2. Content of the Site

By means of the pages of this Site, Al Duca d’Aosta S.p.A. offers general information about its business activity and, even though the same pages are constantly verified and updated by qualified and duly authorized personnel, the relevant content must not be considered correct, complete or exhaustive.

As a consequence, should you decide to rely upon the information made available on the Site, you shall make autonomous and additional investigations about their correctness.

In this regard, Al Duca d’Aosta S.p.A. informs you that the content of the Site shall be considered “on as is basis”. This means that the content of the Site could not be proper and/or suitable for your specific purposes or interests or it could contain material whose reuse could infringe third parties’ intellectual property rights.

The Site may contain one or more links to web sites owned by third parties. Should this be the case, the hypertext connections has the only purpose to make easier your surfing on the web, being excluded any relation between the Site and the web site owned by a third party, which has no connection with Al Duca d’Aosta S.p.A.

In addition, Al Duca d’Aosta S.p.A. informs you that it has no power to modify the structure of the third web sites linked to its own and that it has no knowledge of their truthfulness, correctness and of the suitability of the relevant materials and/or information, even in the case in which there are contractual relationships between Al Duca d’Aosta S.p.A.and the third party owner of the linked site.

3. Intellectual and industrial property rights

All contents of the Site are protected under the law in force concerning copyright and industrial and/or intellectual property. For example, shall be considered as “content” of the Site the following:

  • texts;
  • photos;
  • movies;
  • databases;
  • drafts and tables;
  • slogans;
  • audio files;
  • cartoons;
  • any other kind of graphical and/or textual representation.

You shall not copy and/or reproduce, wholly or partially, the content of the Site, without the express written authorization of Al Duca d’Aosta S.p.A.

At the same time, please be aware that all trademarks, domain names, business names, trade names and trade signs made available on the pages of the Site are owned by Al Duca d’Aosta S.p.A. and/or third parties and, as a consequence, they are protected under applicable law. It is expressly forbidden to copy the mentioned signs in any form or modality without the express and written authorization of Al Duca d’Aosta S.p.A. or of the respective owners. It is also forbidden to apply for the registration of the name "Al Duca d’Aosta" under whatsoever kind of top level domain.

In addition to the above, Al Duca d’Aosta S.p.A. informs that on the pages of the Site there could be trademarks, domain names, business names, trade names and trade signs owned by third parties which have contractual relationships with the same Al Duca d’Aosta S.p.A.. The mentioned signs are protected under the applicable law like the ones owned by Al Duca d’Aosta S.p.A..

Al Duca d’Aosta S.p.A. informs that it is expressly forbidden to use all signs owned by the same Al Duca d’Aosta S.p.A. as metatags, which are, in other terms, information in “html” language that may be used to communicate information to search engines or to electronic agents in order to reach a web site different from/other than this Site.

4. Characteristics of the service1

Al Duca d’Aosta S.p.A. informs that, even though it makes its best using all innovative and cutting-edge technology in order to keep the Site constantly accessible and flawless, there could be the possibility that the same Site is not accessible and/or fitness for your computer systems nor free of errors, virus and/or other data processing malfunctions.

As a consequence, whoever accesses the Site expressly acknowledges and accepts that its use may be considered “on as available basis”.

5. Modalities of use of the Site

In addition to the provisions set forth under paragraph 3 above, Al Duca d’Aosta S.p.A. informs that the content of the Site can not be copied, reproduced, republished, loaded, transcribed, sent or marketed in any way or form, in whole or in part, without the prior written authorization of Al Duca d’Aosta S.p.A.. In any case, you are allowed to print, download and view part of the content of the Site for your personal purposes only, being excluded any professional or business purpose, provided that the mentioned material are not modified and all relevant information about intellectual and industrial property rights are not erased.

At the same time, the content of the Site shall not be released, in whole or in part, by means of communication channels like internet, television or radio or by any other mean, without the prior written consent of Al Duca d’Aosta S.p.A..

Information and materials of this Site can not be used for commercial purposes in order to create databases of any kind or type, nor be recorded, in whole or in part, on pre-existing databases both accessible by their author only and made available to third parties.

6. Linking and framing

Al Duca d’Aosta S.p.A. informs that in order to create a link with the home page of the Site (the “Home Page”) it is necessary to send by e-mail a specific request to ducawebòalducadaosta.com in which shall be specified: (a) the data concerning the person in charge of the technical aspects of management of the link (included e-mail address and phone number), (b) the data of the requesting company; (c) the address of the web site in which will be created the link with the Home Page; (d) any other additional information which may be useful in order to obtain Al Duca d’Aosta S.p.A.’s authorization.

When authorized by Al Duca d’Aosta S.p.A., the creation of a link to the Site will grant a non-exclusive and non-transferable license to use the name “Al Duca d’Aosta” in order to exclusively create a hypertext connection from the web site owned by the third party to http://www.alducadaosta.com, being excluded any other different use. In any case, Al Duca d’Aosta S.p.A. grants the possibility to create a link with the Home Page only and not with the internal pages of the Site.

Without the prior written consent of Al Duca d’Aosta S.p.A., it is forbidden to create a link to the Home Page of the Site or to the internal and/or additional pages of the Site, creating a so called “deep link”, or to get onto or make available the content of the Site in another web site, by means of the so called “framing”.

In this regard, Al Duca d’Aosta S.p.A. informs that the infringement of the provision set forth under the previous point will determine an illicit conduct that may even be qualified as unfair competition punishable according to the relevant applicable law.

7. Materials sent toAl Duca d’Aosta S.p.A.

Subject to the provisions under paragraph 11 below, the mailing of any kind of material to Al Duca d’Aosta S.p.A. by email or by means of the Site, will implicitly authorize to freely reproduce, use, make available, show, transform, make copies and distribute it to third parties without any restriction. Save the respect of the moral rights of the author, all texts, ideas, concepts, know-how and/or technical knowledge which may be contained in the mentioned material can be freely used and commercially exploited by Al Duca d’Aosta S.p.A. for whatever purpose, included but not limited to the develop, production and marketing of products which use this material or which are connected or related to it. Submitting the said material to Al Duca d’Aosta S.p.A., the user acknowledges and guarantees that he is the exclusive owner of the same material or that he has the right to freely use it and that, as a consequence, the relevant use does not infringe third party’s rights of any kind.

Considering the “open“ nature of internet, Al Duca d’Aosta S.p.A. expressly recommend not to send - by means of telecommunication channels - any material which can not be considered freely available by third parties.

8. Applicable law

These Terms of Use shall be governed by and interpreted according to Italian law.

9. Access to the Site from foreign countries

Should you access to the Site from a Country other than Italy, you shall comply with the present Terms of Use and with any applicable law in force in Italy. You also expressly guarantee that you will not use the Site and the relevant material in order to infringe the mentioned laws.

10. Amendments and integration of the Site

Al Duca d’Aosta S.p.A. reserves the right to, autonomously and at its sole discretion, substitute, add, amend and/or integrate the Site and/or the relevant material and the utilized technology at any time.

In this regard, Al Duca d’Aosta S.p.A. expressly informs that said activities could imply the permanent or temporary impossibility to access to the Site and/or to the relevant content.

11.       Data Protection

According to Section 13, Italian Legislative Decree no. 196/2003, Italian Data Protection Code, Al Duca d’Aosta S.p.A., in its quality as as data processor, informs you that your personal data provided and collected by (i) registering to the Site, (ii) executing a sale and purchase agreement with Al Duca d’Aosta S.p.A., (iii) submitting a request for information concerning goods and services offered by the same Al Duca d’Aosta S.p.A., (iv) accessing to and surfing on the Site through the so called system’s “logs”, will be processed for the following purposes:

  1. to carry out the activities necessary in order to enter into, manage and execute the sale and purchase agreement indicated under point (ii) above;
  2. to fulfil your requests submitted from time to time to Al Duca d’Aosta S.p.A. by means of the Site or by e-mail or by another communication tool;
  3. to fulfil obligations provided by Italian or European Community laws or regulations as well as by orders of competent authorities empowered by the law or by vigilance and control bodies;
  4. to send newsletters and advertising material concerning goods and services provided by Al Duca d’Aosta S.p.A..

The data processing will be carried out by means of manual, computerized and data transmission tools, applying procedures strictly related to the above mentioned purposes and, in any case, in such a way as to ensure security and confidentiality of your personal data. Furthermore, your personal data can be communicated to third parties other than Al Duca d’Aosta S.p.A., if this will be necessary in order to fulfil your requests.

Personal data will be kept in the European Community territory on servers owned by Al Duca d’Aosta S.p.A..

In relation to the above described purposes, Al Duca d’Aosta S.p.A. informs you that providing personal data is mandatory in relation to the purposes listed under points 1), 2) and 3) above. As a consequence, should you decide not to provide your personal data, Al Duca d’Aosta S.p.A. may not be able to respond to or to fuflil your request.

Considering the above, with reference to the purpose listed under point 4) above, Al Duca d’Aosta S.p.A. will ask you, from time to time, to give your consent to the relevant processing by clicking on specific fields / buttons of the Site.

Al Duca d’Aosta S.p.A. informs you that, according to Section 7, Italian Legislative Decree no. 196/2003, you have specific rights in relation to the processing of your personal data.

In particular, you have the right to obtain from the data processor or the data controller, if any, confirmation as to whether or not your personal data exist and communication of such data in intelligible form. You will be also entitled to be informed about the source of the personal data, the purposes and methods of the processing; to obtain cancellation, anonymization or blocking of personal data unlawfully processed, updating, rectification or, where interested therein, integration of the data; to object, on legitimate grounds, to the processing of your personal data.

The possible requests according to Section 7 of the Italian Legislative Decree no. 196/2003 shall be made by email and addressed to ducaweb@alducadaosta.com.

Al Duca d’Aosta S.p.A. may, from time to time, modify or update this data protection policy mainly as a consequence of changes in law provisions. Therefore, Al Duca d’Aosta S.p.A. strongly suggest you to frequently check this document.

Terms and conditions of sale

This document contains the general terms and condition of on-line sale and payment by means of the web site corresponding to the domain name www.alducadaosta.com (“Site”) owned and managed by Al Duca d’Aosta S.p.A., having its registered office in Venice (Italy), S. Marco 4945, VAT, tax code and number of registration with the Companies’ Register of Venice 134107.

These general terms and conditions (“General Conditions”) apply to the contractual relationships between Al Duca d’Aosta S.p.A. and the client, consumer or professional (“Client”), whether not differently agreed in writing.

Execution of the agreement

1. The sale agreement by and between Al Duca d’Aosta S.p.A. and the Client is executed in the moment in which Al Duca d’Aosta S.p.A. accepts the order and in any case upon successful execution of the respective payment. By filling in on-line the order, the Client declares to have acknowledged all information provided during the purchase procedure and to fully accept the General Conditions hereinbelow.

2. Once completed the on-line purchase procedure, the Client shall print and save an electronic copy and in any case shall keep these General Conditions, if the Client is a consumer, in accordance with Sections 52 and 53 of Italian Legislative Decree 6 September 2005, no. 206 (“D.Lgs. n. 206/2005”).

Purchase modalities

3. The Client can purchase on-line exclusively the products listed in the electronic catalogue published on the Site (“Products”) and available at the moment of transmission of the order, as described in the respective informative document herein available. It is understood that sizes, weight, dimension and performance listed in the information document shall be approximate and that the image of the Product attached to such information document may not entirely represent its characteristics but may be different with regard to colors, dimensions, materials and/or accessorizes indicated in the picture.

4. The receipt of the order will be confirmed by Al Duca d’Aosta S.p.A. by e-mail, to be sent to the address indicated by the Client by registering to private access area of the Site or by filling in the electronic form for transmission of the order. Such confirmation will contain the date and the hour of the order’s receipt and a “Client Order Number” to be used in any subsequent communication with Al Duca d’Aosta S.p.A. The confirmation to be sent by Al Duca d’Aosta S.p.A. will summarize the order placed by the Client together with all relevant data entered by the same Client and these General Conditions. The Client undertakes to check the correctness of data summarized in the confirmation of order and to promptly communicate any discrepancy to be rectified, according to the modalities set forth in the same confirmation of order.

5. Should Al Duca d’Aosta S.p.A. not be able, for whatever reason, to deal with the Client’s order, the same Al Duca d’Aosta S.p.A. will inform by email the Client of such circumstance.

Price

6. The purchase price of the Products will be the one from time to time directly pointed out by Al Duca d’Aosta S.p.A. to the Client by means of the Site and listed in its global amount in the on-line shopping trolley.

The payment of the price can be made by the Client according to one of the modalities indicated hereinbelow.

Payment methods

7. The payment of the Products purchased on-line by the Clientshall be made in accordance with the method chosen by the same Client at the moment of the order. No further amount other than the global amount of the order highlighted upon completion of the purchase procedure shall be charged on the Client.

Should the object of the order, accepted by Al Duca d’Aosta S.p.A., be Products to be delivered outside Italian territory, the global price of the ordered Products will be increased with delivery’s costs as well as with taxes, if applicable under the law in force in the Country to which the purchased Products are addressed.

8. The payment of the Products purchased according to these General Conditions shall be made exclusively by credit card, bank transfer or Pay Pal card (www.paypal.it).

8.1       Credit card

(a)         In case of payment of the Products by credit card, at the moment of execution of the on-line purchase, the referential bank will provide for the authorization for exclusively binding the amount corresponding to the purchase made. The amount corresponding to the purchased, even partially, goods will be concretely charged to the Client at the moment of the communication to be made by the courier to Al Duca d’Aosta S.p.A. confirming the execution of the delivery of the ordered Product.

            In lack of such communication by the courier or in case such communication is not applicable to specific deliveries,        Al Duca d’Aosta S.p.A. – not being able to have certain knowledge of the exact date of delivery of the ordered Products – will be entitled to charge the credit card with the amount of the order upon the day following the delivery of the Product or Products ordered by the Client.

(b)        In the event of termination of the agreement by the Client as per D.Lgs. n. 206/2005,or in lack of the order’s acceptance by Al Duca d’Aosta S.p.A., this latter will, without any dela, ask for the cancellation of the transaction and for the release of the committed amount. With regard to certain kind of credit cards, the time for releasing the amount will depend exclusively on the banking system and may last up to their own expiry (currently equal to the 24th day from the date of authorization).

(c)        Al Duca d’Aosta S.p.A. reserves the right to charge Client’s credit card with the amount of the order placed by the same Client in order to avoid the risk of expiry of the authorization to the respective transaction as set forth under paragraph (b) above.

(d)        Al Duca d’Aosta S.p.A. reserves the right to ask the Client for additional information (such as phone number) or for the transmission of copies of the documents attesting the ownership of the used credit card. The Client acknowledges that – in lack of transmission of the requested documentation – the order may be not accepted.

(e)        Al Duca d’Aosta S.p.A. will not be able – at any moment of the purchase procedure – to know the information concerning Client’s credit card transmitted by protected connection directly to the bank in charge of the transaction. No computerized archive of Al Duca d’Aosta S.p.A. will record such information. Al Duca d’Aosta S.p.A. can not be in any case considered liable for any fraudulent or unlawful use of the credit cards by third parties which may be committed at the moment of the on-line payment of the Products purchased on the Site.

            (f)         In case of payment of the Products’ price by credit card, Al Duca d’Aosta S.p.A. can not be considered responsible of the successfulness of the transaction that exclusively depends on the third party supplying the on-line payment service, which in any case will be chosen among the leading national professional of this field.

(g)        The Client acknowledges that the purchase order’s transmission and the price paymentwill be made by means of electronic communication networks and services whose correct working is out of Al Duca d’Aosta S.p.A.’s control and in relation to which this latter can not be considered responsible.

8.2       Bank transfer

(a)        In case of payment of the Products by bank transfer, the order confirmation sent to the Client - by email by Al Duca d'Aosta S.p.A. in compliance with article 4 above – will point out the bank details of Al Duca d'Aosta S.p.A. The Products indicated in the order of the Client will be kept pending the positive outcome of the bank transfer of the respective amount on the bank account of Al Duca d'Aosta S.p.A..

(b)        The Client shall in any case send to Al Duca d'Aosta S.p.A. - within 48 hours upon receipt of the order confirmation and by fax to the number +39 041 2620100 or by email to the address ducaweb@alducadaosta.com – a copy of the bank transfer’s order made in favour of this latter. In lack of receipt, within the above indicated 48-hours term, of a copy of the bank transfer, Al Duca d'Aosta will be entitled to cancel Client’s order.

(c)        The shipment of Client’s order will be performed upon receipt by Al Duca d'Aosta S.p.A. of the confirmation of the successful out-come of bank transfer in favour of its bank account.

8.3       Pay Pal card

(a)        In case of payment of the Products by Pay Pal card, the Client can pay the amount corresponding to the order directly through its verified Pay Pal account. Al Duca d’Aosta informs that payments made and originating from a verified account only will be accepted and it reserves the right to deliver the Products object of the Client’s order to the address specified in the verified Pay Pal account.

(b)        The payments of Products’ orders originating from not verified Pay Pal accounts will be cancelled and, as a consequence, not executed by Al Duca d’Aosta S.p.A.

Delivery’s modalities and costs - Invoicing

9. The ordered Products will be sent to the address indicated by the Client upon registration at the private access area of the Site or – whether different – to the address specified in the respective order, preferably in the Italian territory. The Client acknowledges that the request of delivery of the Products outside Italian territory will probably determine the non-acceptance of the order by Al Duca d’Aosta S.p.A.

The delivery status will be made available to the Client on the Site by accessing to the private area dedicated to purchases’ history.

10. In relation to each order made on the Site, Al Duca d’Aosta S.p.A. will issue an invoice concerning the delivered Products, to be sent in five copies both by email to the holder of the order, according to Section 14 of D.P.R. 445/2000, and with the package of the Products. In order to issue and duly draft the invoice, reference will be made to the information provided by the Client in the order form and at the moment of registration to the private access area of the Site. Once issued the invoice, it will no longer possible to modify the data already indicated in the same invoice.

11. Delivery’s costs, as indicated in the Site and in the text of the order, will be charged to the Client.

12. Delivery of the orders will be carried out from Monday to Friday. The orders placed on Saturdays or Sundays or during holidays or holidays eve will be processed by Al Duca d’Aosta S.p.A. starting from the first working day following the day in which the order was placed.

13. Delivery of the Products to the Clientwill be carried out by a duly appointed courier. The Client will be informed about the details of the courier according to the modalities pointed out in the Site. Al Duca d’Aosta S.p.A. can not be considered liable for any delay occurred in Products’ delivery.

14. At any moment the Client can verify the progress and delivery status of its order by accessing to the private access area of the Site or by following the link to the web site of the selected courier and matching the 'Client Order Number' – assigned with the order confirmation – and the ‘Track Change Number’ (or other similar tool) assigned to each delivery.

15. Contractual obligations ofAl Duca d’Aosta S.p.A. towards the Client will be considered fulfilled in the place in which the purchased Products are delivered by Al Duca d’Aosta S.p.A. to the selected courier.

Delivery of the ordered Products by the courier will be carried out at street level, save whether differently communicated by the Customer Service.

16. At the moment of delivery of the purchased Product by the courier, the Client shall verify:

  • that the number of delivered packages coincides with the one specified in the shipping note anticipated via e-mail;
  • that packing is complete, undamaged nor wet or otherwise spoilt, even with regard to locking materials (adhesive tape or metallic staples).

Any possible damage to the Product and/or to the respective packing or any discrepancy with the number of packages or the indications shall be immediately objected by the Client, by displaying a WRITTEN RESERVE OF CHECK (SPECIFYING THE REASON OF SUCH RESERVE, for example “packages with holes”, “crushed packages”, etc.) on the document attesting the delivery by the courier. Once signed the document of the courier, the Client will no longer be entitled to claim anything about the external characteristics of the delivered Products.

Any claim concerning entirety, correspondence and completeness of the received Products shall be  raised within 2 months starting from the respective discovery, according to the modalities indicated in these General Conditions.

17. In lack of reclaim within 5 working days of the Products stored as stock in courier’s warehouses due to reiterate impossibility of delivery to the address indicated by the Client in the order, the ordered Products will be redelivered to the warehouses of Al Duca d’Aosta S.p.A.

Withdrawal right of the Client

18. Pursuant to Section 64 of the D.Lgs. n. 206/2005, the Client consumer has the right to withdraw from the purchase agreement for any reason, without any need for explanation as well as without any penalty, according to the terms and modalities provided in the following articles.

19. In order to exercise the withdrawal right as per article 18 above, the Client shall send to Al Duca d’Aosta S.p.A. a withdrawal notice within 10 working days upon receipt of the Products in relation to which such right is claimed. Such withdrawal notice shall be sent by registered letter with acknowledgment of receipt  addressed to Al Duca d’Aosta S.p.A.- Customer Service - Via Volturno 7, 30173 Mestre (VE) - Fax +39 041 2620100 - E-mail ducaweb@alducadaosta.com, or it shall be anticipated by e-mail or by fax within the above mentioned 10-days term and confirmed by registered letter with acknowledgment of receipt  to be STRICLTY sent within the following 48 hours.

20. Once received such withdrawal notice, the Client will be promptly provided with instructions concerning return’s modalities together with a personal RMA code (Return Merchandise Authorization) necessary in order to return the Product/s. The Product to be returned shall be received by Al Duca d’Aosta S.p.A. within 10 days upon receipt of the above mentioned Return Merchandise Authorization. To this purpose, reference will be made to the date of delivery to the postal office or to the courier.

21. The purchased Product shall be returned complete, not used, not washed nor otherwise damaged, together with all its components/parts, with its own control tag and in its original package (included packaging and original boxes as well as any other accessories such as, by way of example, dustbags, clotheshangers and protective envelopes). In order to limit any possible damage to the original package, it is recommended to insert it into another box on which a label showing the number of RMA (authorization code of return) provided by Al Duca d’Aosta S.p.A. shall be affixed; in any case no tags nor adhesive tape shall be affixed directly on the original packaging of the Product.

22. Delivery costs arising out of the return of the Products shall be charged by the Client; the costs of delivery to the Client as well as any other additional expenses and/or taxes pointed out upon order’s placement will not be reimbursed.

The Client will be the sole responsible of the delivery until the moment in which will be issued a receipt attesting the arrival of the Products to the warehouse of Al Duca d’Aosta S.p.A..

23. The withdrawal right applies only to the entire purchased Products; it is not possible to exeercise the withdrawal right exclusively in relation to one or more part of a purchased Product. Should the order have as object more than one Product, it will be possible to exercise the withdrawal right in relation to one or more of such ordered Products, specifying in the withdrawal notice, as per article 19 above, the description of the Products to be returned.

Should the Products be damaged during the transport, Al Duca d’Aosta S.p.A. will inform the Client about such circumstance (within 5 working days upon receipt of the Product in its warehouses), in order to allow the same Client to promptly claim against the selected courier or carrier and as a consequence to obtain the reimbursement of the value of the Products (whether covered by an insurance policy); in such a case the Product will be made available to the Client for the relevant return and at the same time the withdrawal request will be cancelled.

Al Duca d’Aosta S.p.A. will not be liable in any case for damages or theft/loss of the Products.

Upon arrival to Al Duca d’Aosta S.p.A.’s warehouse, the Product will be checked in order to estimate any damage or alteration not due to the relevant transport. Should the packaging and/or the original packages be damaged, Al Duca d’Aosta S.p.A. will retain from the due reimbursement an amount equal to a percentage not higher than the 10% of the Product’s value, as contribution for restore’s expenses.

24. Save for any possible replacing expenses due in relation to ascertained damages to the original packages, Al Duca d’Aosta S.p.A. will reimburse the Client with the amount already paid for the purchase of the Product within 14 days upon its return. In case the payment has been made by credit card or by Pay Pal card, Al Duca d’Aosta S.p.A. will write off the amount charged on such cards or it will reimburse the amount by bank transfer. In this latter case, the Client shall promptly provide its bank account details to which the reimbursement will be addressed (Cod. ABI - CAB - IBAN – number of bank account and details of the bank).

25. The Client will forfeit the withdrawal right due to the lack of the essential condition of entirety of the Product (packaging and/or content), should Al Duca d’Aosta S.p.A. ascertain:

  • the use, even partial, of the Product and of the respective accessorizes;
  • the lack of the external package and/or of the original internal packaging;
  • the lack of integral part of the Product;
  • the lack of the control tag attached to the Product;
  • the damage of the Product due to reasons other than the transport.

In such cases, the Products will be stored at Al Duca d’Aosta S.p.A.’s warehouses where it will be made available to the Client for the respective collection at Client’s costs and expenses.

Warranties

26. All Products sold through the Site are covered by manufacturer’s warranty in relation to defectiveness, having a duration of 12 months if the Client is a professional (holder of a VAT code) and a duration of 24 months if the Client is a consumer pursuant to D. Lgs. n. 206/2005.

27. Manufacturer’s warranty is provided and applies according to the law.

28. The warranty applies to defective Products, provided that such Products has been correctly used in compliance with its own destination of use and attached documentation. In case of defective Product, Al Duca d’Aosta S.p.A. will restore, without any expense for the Client, the compliance of the Products by reparing/replacing or reducing the amount of the relevant purchase price or it will terminate the agreement. If, upon the analysis/examination carried out by Al Duca d’Aosta S.p.A., it results that the defect is not a compliance one, the costs of analysis and restoring, if applicable, will be charged to the Client, as well as any transport cost born by Al Duca d’Aosta S.p.A.

29. Should Al Duca d’Aosta S.p.A., for whatever reason, not be able to return to its Client a Product covered by the warranty (repaired or replaced), it will be entitled at its own discretion to return to the Client the amount paid taking into account the use of the Product or to replace such Product with another having equal or higher characteristics.

30. the time necessary in order to repair or replace defective Products will depend exclusively on manufacturer’s policies and no damage due to delays in carrying out the repair or the replacement can be claimed towards Al Duca d’Aosta S.p.A..

31. Should the applicable warranty provide for the return of the Product, this latter shall be returned by the Client in its original packages, completed with all its parts (included packaging and any documentation and accessorizes). To the purpose of avoiding damages to the original package, Al Duca d’Aosta S.p.A. recommends to insert such original package in an additional box.

Data Protection

32. According to Section 13, Italian Legislative Decree no. 196/2003, as subsequently amended and integrated, Al Duca d’Aosta S.p.A., in its quality as data processor, informs you that your personal data provided and collected by (i) registering to private access area of the Site, (ii) executing on line a sale and purchase agreement, (iii) accessing to and surfing on the Site through the so called system’s “logs”, will be processed for the following purposes:

  1. to carry out the activities necessary in order to enter into, manage and execute the sale and purchase agreement indicated under point (ii) above;
  2. to fulfil Client’s requests submitted from time to time by means of the Site or by e-mail or by another communication tool;
  3. to fulfil obligations provided by Italian or European Community laws or regulations as well as by orders of competent authorities empowered by the law or by vigilance and control bodies;
  4. to send newsletters and advertising material concerning goods and services provided by Al Duca d’Aosta S.p.A..

In relation to the above described purposes, Al Duca d’Aosta S.p.A. informs that providing personal data is mandatory in relation to the purposes listed under points 1), 2) and 3) above. As a consequence, should the Client decide not to provide its personal data, Al Duca d’Aosta S.p.A. may not be able to respond to or to fuflil Client’s requests.

Considering the above, with reference to the purpose listed under point 4) above, Al Duca d’Aosta S.p.A. will ask the Client, from time to time, to give its consent to the relevant processing by clicking on specific fields / buttons of the Site.

The data processing will be carried out applying procedures strictly related to the above mentioned purposes and, in any case, in such a way as to ensure security and confidentiality of the personal data. Furthermore, whether it will be necessary in order to fulfil Client’s requests, personal data can be communicated to third parties other than Al Duca d’Aosta S.p.A., which will processed such data in their quality as autonomous data processors or as data controllers. In any case personal data will not be disseminated.

Personal data will be kept in the European Community territory.

Al Duca d’Aosta S.p.A. informs you that, according to Section 7, Italian Legislative Decree no. 196/2003, you have specific rights in relation to the processing of your personal data.

In particular, you have the right to obtain from the data processor or the data controller, if any, confirmation as to whether or not your personal data exist and communication of such data in intelligible form. You will be also entitled to be informed about the source of the personal data, the purposes and methods of the processing; to obtain cancellation, anonymization or blocking of personal data unlawfully processed, updating, rectification or, where interested therein, integration of the data; to object, on legitimate grounds, to the processing of your personal data.

Al Duca d’Aosta S.p.A. may, from time to time, modify or update its data protection policies mainly as a consequence of changes in law provisions. Therefore, Al Duca d’Aosta S.p.A. strongly suggest you to frequently check this document.

Claims

33. Ogni eventuale reclamo da parte del Cliente dovrà essere indirizzato a
Al Duca d’Aosta S.p.A.
Servizio Clienti
Via Volturno, 7 – 30173 Mestre (VE)

Tel +39 041 2620222
Fax +39 041 2620100
E-mail ducaweb@alducadaosta.com

Applicable law

34. This General Conditions will be governed exclusively by Italian law.

I ACCEPT

Pursuant to Sections 1341 and 1342 of the Italian Civil Code, the following provisions of this General Conditions are expressly accepted: 3 (short description of the Products listed in the catalogue); 5 (non-acceptance of the order); 8.1, lett. e (liabilities in relation to the fraudolent use of Client’s credit cards); 8.1, lett. f (liabilities in relation to the successful outcome of on-line payments); 8.2, lett. b (right to cancel the order in lack of receipt of a copy of the bank transfer within the 48-hours term); 8.3, lett. b (right to cancel the order in case of payments originating from an unverified Pay Pal account); 11 e 22 (delivery expenses and taxes to be charged to the Client); 15 (fulfilment of the obligation of Al Duca d’Aosta S.p.A. at the time of delivery of the Product to the selected courier); 16 (Client’s examination duty in relation to the delivered Products); 17 (acceptance of the Products without any reserve in lack of claim); 23 (reserve to charge the 10% of Product’s value in case of damage of the returned Product); 25 (refusal to accept the returned Product); 32 (data protection) e 34 (applicable law).

Privacy policy

Information Notice

According to Section 13, Italian Legislative Decree no. 196/03, as subsequently amended and integrated, (“Privacy Code”), please be informed that your personal data will be processed, also by electronic means, by Al Duca d’Aosta S.p.A. - having its registered office in Venice (Italy), S. Marco 4945, VAT, tax code and number of registration with the Companies’ Register of Venice 134107, hereby represented by its pro tempore legal representative, in its quality as data processor - in order to duly execute the contracts, fulfil your request and provide you with the requested services, as well as in order to comply with any Italian and/or European law or regulatory provision.

Should you decide not to fill in the mandatory fields indicated with an asterisk [*], Al Duca d’Aosta S.p.A. will not be able to provide you with the requested services. Your personal data will also be processed for the transmission of newsletter and advertising material. To this regard you will be required to give your consent to the relevant processing. Your personal data can be communicated to third parties other than Al Duca d’Aosta S.p.A., for the purposes and with the modalities set forth above.

Please be informed that you can exercise at any time the rights provided by Section 7, Privacy Code, by sending an e-mail to ducaweb@alducadaosta.com

We invite you to to update your personal data in case of variation and we suggest you to refer to the complete text of this document made available here.

Trascrizione dell’art. 13 D. Lgs. 30 giugno 2003, n. 196
Informativa

  1. L’interessato o la persona presso la quale sono raccolti i dati personali, sono previamente informati oralmente o per iscritto circa:
    1. le finalità e le modalità del trattamento cui sono destinati i dati;
    2. la natura obbligatoria o facoltativa del conferimento dei dati;
    3. le conseguenze di un eventuale rifiuto di rispondere;
    4. i soggetti o le categorie di soggetti ai quali i dati personali possono essere comunicati o che possono venirne a conoscenza in qualità di responsabili o incaricati, e l'ambito di diffusione dei dati medesimi;
    5. i diritti di cui all'articolo 7;
    6. gli estremi identificativi del titolare e, se designati, del rappresentante nel territorio dello Stato ai sensi dell'articolo 5 e del responsabile. Quando il titolare ha designato più responsabili è indicato almeno uno di essi, indicando il sito della rete di comunicazione o le modalità attraverso le quali è conoscibile in modo agevole l'elenco aggiornato dei responsabili. Quando è stato designato un responsabile per il riscontro all'interessato in caso di esercizio dei diritti di cui all'articolo 7, è indicato tale responsabile.
  2. L'informativa di cui al comma 1 contiene anche gli elementi previsti da specifiche disposizioni del presente codice e può non comprendere gli elementi già noti alla persona che fornisce i dati o la cui conoscenza può ostacolare in concreto l'espletamento, da parte di un soggetto pubblico, di funzioni ispettive o di controllo svolte per finalità di difesa o sicurezza dello Stato oppure di prevenzione, accertamento o repressione di reati.
  3. Il Garante può individuare con proprio provvedimento modalità semplificate per l'informativa fornita in particolare da servizi telefonici di assistenza e informazione al pubblico.
  4. Se i dati personali non sono raccolti presso l'interessato, l'informativa di cui al comma 1, comprensiva delle categorie di dati trattati, è data al medesimo interessato all'atto della registrazione dei dati o, quando è prevista la loro comunicazione, non oltre la prima comunicazione.
  5. La disposizione di cui al comma 4 non si applica quando:
    1. i dati sono trattati in base ad un obbligo previsto dalla legge, da un regolamento o dalla normativa comunitaria;
    2. i dati sono trattati ai fini dello svolgimento delle investigazioni difensive di cui alla legge 7 dicembre 2000, n. 397, o, comunque, per far valere o difendere un diritto in sede giudiziaria, sempre che i dati siano trattati esclusivamente per tali finalità e per il periodo strettamente necessario al loro perseguimento;
    3. l'informativa all'interessato comporta un impiego di mezzi che il Garante, prescrivendo eventuali misure appropriate, dichiari manifestamente sproporzionati rispetto al diritto tutelato, ovvero si riveli, a giudizio del Garante, impossibile.

Trascrizione dell’art. 7 (D.Lgs. 30 giugno 2003, n.196)
Diritto di accesso ai dati personali ed altri diritti

  1. L'interessato ha diritto di ottenere la conferma dell'esistenza o meno di dati personali che lo riguardano, anche se non ancora registrati, e la loro comunicazione in forma intelligibile.
  2. L'interessato ha diritto di ottenere l'indicazione:
    1. dell'origine dei dati personali;
    2. delle finalità e modalità del trattamento;
    3. della logica applicata in caso di trattamento effettuato con l'ausilio di strumenti elettronici;
    4. degli estremi identificativi del titolare, dei responsabili e del rappresentante designato ai sensi dell'articolo 5, comma 2;
    5. dei soggetti o delle categorie di soggetti ai quali i dati personali possono essere comunicati o che possono venirne a conoscenza in qualità di rappresentante designato nel territorio dello Stato, di responsabili o incaricati.
  3. L'interessato ha diritto di ottenere%

Shipping information

SHIPMENT INFORMATION
We arrange our shipments on DDP terms follows. It means that for delivery outside the European Economic Community the price include duties: IVA/TVA is calculated and price-included.

DELIVERY TIMES AND COSTS
All shipment are delivered as Express shipment (DHL). Free shipping worldwide for shipments exceeding the cost of 1000 euro, this type guarantees the possibility to track the goods and quick deliveries.

SHIPMENT TRACKING 
Once the goods have been shipped, the customer will receive an e-mail confirmation, also including the shipment identification number, enabling to track the items at www.dhl.com

SHIPPING INSURANCE
Shipments exceeding the cost of 250 euro imply theft, damaging and loss insurance.

Customer care: ducaweb@alducadaosta.com +39 041 2620222