General terms and conditions
For the purposes of these General Terms and Conditions, the following definitions apply:
Seller: the company Dogtrot s.r.l., Via Brigata Marche 30, 31030 Carbonera (TV) Italy, VAT 04300580265 email firstname.lastname@example.org tel.0422 445007
Website: the resources at www.dotandcross.com
User: the subject accessing the Website, browsing it, with the ability to make online purchases of the Products according to the established procedure.
Professional: the subject, including the User, who carries out operations in the sphere of his/her business, craft or professional activity.
Consumer: the subject, including the User, who carries out operations for purposes unrelated to his/her business, craft or professional activity.
Services: the Electronic Commerce services made available to Users by the Seller through the Website, such as for example the online e-commerce purchase procedure, the online catalogue, the sales promotion services, the possibility to customize products and configure purchases, the shopping cart and all other tools that facilitate the User’s browsing of the Website, in addition to services, whether ancillary or not to the sale of a Product, as well as any other and different activities carried out by the Seller through the Website.
Registration form: the form present on the Website through which the User can register; where registration is not required (purchases without registration), the protocol envisaged for the Registration Form is also valid, where applicable, for purchases without registration.
Credentials: the USER ID and PASSWORD chosen by the User during registration, to be used to login to the Website as and when required.
General Conditions: these General Terms and Conditions of the Contract, through which the Seller intends to regulate the sales relationship with its customers.
Products: the products sold through the Website under the e-commerce regime.
Order: the purchase proposal made by the User by means of the Website procedures.
Shopping Cart: the part of the purchase procedure in which the User formulates his purchase proposal by choosing the Product, payment method, delivery method and the like.
E-Commerce: the specific mode of commerce regulated in Italy by the Consumer Code and the e-commerce Decree, whereby the two contracting parties, for example the seller and the buyer in the sales contract, remotely sell and buy an item by means of Information society services (in particular the internet) without the physical and simultaneous presence of the parties. Given the distance, the delivery of products is not simultaneous with respect to the purchase transaction and usually takes place by means of third-party shipping services (couriers/shippers); alternatively, it may be possible for the buyer to pick up the item purchased through an e-commerce transaction at the Seller’s premises.
Consumer Code: the Consumer Code, governed by Legislative Decree 6 September 2005 no. 206 and subsequent amendments.
E-commerce Decree: Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the domestic market with particular reference to e-commerce, governed by Legislative Decree 9 April 2003 no. 70 and subsequent amendments.
Privacy Code: the Code regarding the protection of Personal Data, governed by Legislative Decree 30 June 2003, no. 196 and subsequent amendments and supplements thereto.
Privacy Information: the privacy statement, prepared in compliance with articles 13 and 14 of the EU Regulation 2016/679 (GDPR) and Legislative Decree no. 196/03 (Privacy Code) as reformed by Legislative Decree 101/2018, and available at the following address: 35010 Villanova di Camposampiero (PD) Italy, Via Caltana no. 260.
2. Application of these General Terms and Conditions
These General Terms and Conditions govern the general rules of the Services offered by the Seller through the Website to all Users.
In particular, through these General Terms and Conditions, the Seller informs Users about their rights as per the Consumer Code, in particular Part III, Title III, Chapter I “Consumer rights in contracts”, Sections I to IV (Articles 45 to 67), as well as the E-commerce Decree, EU Regulation 2016/679 and the Privacy Code, the information regarding which can be found at the following LINK.
The User accepts these General Terms and Conditions, for the applicable parts, when she/he continues browsing the Website.
The User must approve these General Terms and Conditions when placing the order, as described below.
This Website offers the sale of consumer goods and the provision of related services under the e-commerce regime.
The Seller is the sole owner of the Website and therefore, the User establishes a relationship for the purchase of goods and/or services exclusively with the Seller, unless otherwise specified in these General Terms and Conditions.
Any relationship and transfer of data with third parties shall be specifically indicated on the Website as well as in these General Terms and Conditions.
Delivery and shipping services are expressly excluded in the event the User chooses to use couriers/freight forwarders selected or indicated by the User himself together with any other services that will be indicated on the Website.
For the purposes of registration it is necessary to open an account and this may be done at any time by following the procedure specified on the Website. The need for registration to enable users to make purchases is indicated on the Website as and when required.
During the registration process, the User expressly accepts these General Terms and Conditions.
The User shall guarantee the completeness, correctness and truthfulness of the data provided. In particular, the User guarantees to: a) be over 18 years of age and in undisputed full possession of his/her faculties (if underage, registration, data entry and purchase procedure must be carried out by a parent or an adult); b) meet the requirements at the time of registration or an order is submitted; c) be the legitimate data subject related to the data entered which must be true, correct and updated; d) comply with all legal and contractual provisions applicable to the relationship with the Seller; e) undertake to comply with the provisions established by national legislation with particular reference to obligations and restrictions, as well as to public policy or to accepted principles of public decency; f) not share or transfer his/her Credentials to/with third parties.
In the event that the data entered during registration or the placement of an order have changed, the User undertakes to promptly inform the Seller.
The Seller reserves the undisputed right not to accept the registration or order request, as well as to delete the User’s account in all cases of abuse, misconduct or the like.
The User is solely responsible for access to the Website using his/her own Credentials and is responsible for all operations carried out while logged in with those Credentials.
All data communicated by the User to the Seller shall be processed in compliance with EU Regulation 2016/679 (GDPR) and the Privacy Code, according to the Information present on the Website and available at the following LINK.
The e-mail address provided enables the Seller to communicate information relating to the Services, the products and the Website in general to the User and therefore, the latter is requested to enter a valid and regularly monitored e-mail address.
5. Use of social network profiles
As an alternative to the procedures outlined above, a registration procedure may be available on the Website through a User’s already enabled social network profile.
In this case, by using this procedure, the User agrees to establish a link between the Website and his/her social network profile, with the consequent transfer of data between these two entities, according to the Privacy settings established by the User.
In any case, where applicable, this type of registration is still governed by the rules established above for the registration procedure.
The Website is intended for the e-commerce retail sale of the Products that will be available and identified in the Website from time to time.
By way of example, the Products may include the product called “HUG” which consists of a transformable bed that can be used from the first months of a child’s life as a cradle and, as the child grows up, as a sofa. In addition, the products may include the sheets and other items made of fabric needed to cover the “HUG”, or other products that from time to time the Seller reserves the right to offer through the Site, at its discretion depending on availability.
The User will have the possibility to choose some characteristics of the Product depending on the possibilities offered by the Website during the purchase process (for example the colour of the fabric).
The information and characteristics relating to the Products are indicated and illustrated on the Website on the product page.
The graphic representation of the Products offered on the Website, where available, as well as the images and colours shown are a photographic image of the Products with the sole purpose of showcasing the Products for sale. The Seller provides no guarantee about the exact correspondence between the image shown on the Website and the actual Product.
The prices are indicated in each product sheet displayed during the order process and must be understood as per unit of product unless otherwise indicated.
Any other additional expenses, such as shipping, packaging and similar expenses, as well as taxes and any other ancillary expenses will be promptly reported during the order process and counted separately, in addition to the price of the product itself, highlighting the total sale price at the end.
For deliveries in the European Union, prices are shown including VAT, calculated according to the Italian rate applicable on the day of the order. No other customs tax or VAT will be payable for deliveries within the European Union, except in those cases where it is expressly required by law. In any case, the User is responsible for checking for any possible VAT or other tax refund applicable to his/her country, if s/he is not an Italian citizen or otherwise requests the shipment to a location outside the Italian Republic, provided that the shipment is within the European Union.
In the case of delivery outside the European Union it is the User’s responsibility to pay customs duties, or any other taxes related to the import of products in the country where the delivery will take place. All formalities in this regard shall be borne exclusively by the User, unless otherwise noted. In any case, the User is solely responsible for verifying the possibility of importing the ordered products with regard to the law of the country to which the product will be delivered.
The Seller reserves the right to evaluate any quantitative limits for the purchase of products and therefore to cancel the order if the number of products ordered is unjustifiably high: in this case, the User will be promptly contacted for the relevant information.
8. Procedure for the purchase and conclusion of the sale
An order sent by a User has the value of a contractual proposal and implies the full knowledge and acceptance of these General Terms and Conditions.
The purchase procedure is clearly indicated on the Website. In particular, to conclude the order, the User must complete the Order Form in an electronic format and send it to the Seller electronically, following the instructions.
The Order Form contains a reference to these General Terms and Conditions also containing the information on the right of withdrawal, as well as a summary of the information on the essential characteristics of each product ordered and the relative price (including all applicable taxes and duties), the means of payment and the methods of delivery of the purchased products, the shipping costs, the conditions for the exercise of the right of withdrawal where applicable, and the methods and times for returning the products.
Before sending an order, the User will be asked to carefully read and approve the General Terms and Conditions of Sale in addition to the Information on the right of withdrawal by ticking the relevant box, as they will be binding once the order is submitted. If the User needs to correct any errors in data entry, s/he must follow the specific modification procedure indicated on the Website, before submitting his/her order.
The Order is considered to have been made at the time of the validation “click” by the User, without prejudice to the right of early cancellation of the Order, where possible, and in any case without prejudice to the right of withdrawal, where provided for.
The Seller notifies the User of the acceptance of the Order by sending a confirmation e-mail to the e-mail address communicated by the User. This e-mail contains the essential elements of the sale (products ordered, prices, estimated delivery times, shipping costs, shipping location, etc.).
The User must verify the correctness of the data in the order confirmation email and promptly inform the Seller of any errors or omissions, in writing at the following e-mail address: email@example.com
In any case, the Seller reserves the right not to accept the Order or to suspend it in those cases provided for in these General Terms and Conditions. In those cases, the User shall be informed.
The contract of sale shall be considered to be stipulated only when the User’s order to purchase a certain product is confirmed by the Seller.
9. Method of Payment
The User must pay the price of the requested products, taxes and ancillary costs according to the methods provided for on the Website.
In general the payment methods available on the Website are as follows:
- PayPal: to be made using the tools proposed on the Website;
- Credit Cards and Prepaid Cards: it is possible to make purchases using credit cards and prepaid cards, compatibly with what is indicated on the Website and with the accepted payment circuits;
- GiroPay platform (only for buyers in Germany);
- Sofort platform (for Germany, Austria and Belgium);
- Amazon Pay.
The Seller reserves the right to offer additional payment methods in the future.
The delivery of the purchased Products will begin only after receipt of the Order and the actual payment of the total amount due.
In no case shall the Products be delivered prior to the payment of the total amount due.
In the case of various shipments of the products over time, the failure to pay the total amount due in the agreed upon terms leads to the suspension of the delivery of the products, as well as any additional service, until payment is made. It also leads to the immediate formal notice of default of the Purchaser with the application of the conventional interest rate to the extent established by Legislative Decree 231/02 if the Purchasing User is a Professional or at the legal rate if s/he is a Consumer.
11. Order fulfilment and product delivery
The Order will be processed according to the terms indicated on the Website and specified in the order by the Seller, notwithstanding the final deadline for the delivery of the product as indicated on the Website and/or in the order confirmation. In the event the delivery deadline is not indicated, it will take place within 30 working days following the order and payment, notwithstanding delays due to force majeure such as holidays, unavailability of raw materials and/or delays in their delivery and the like. In this regard, the delivery of the goods to the courier will be considered the actual delivery in the case of a courier indicated by the Seller and, in the case of a courier chosen by the User, where provided for, it will be the date the product becomes available for pick-up at the Seller’s warehouse.
Upon delivery of the Products to the carrier, the Seller will send an email confirming the shipment.
The geographical area for the delivery of Products corresponds to the geographic area of coverage of the offer, also taking into account the importation rules of individual countries: a list, even if not complete, of those geographic areas where the Products cannot be delivered shall be available on the Website (in any case the Seller shall not be liable for any inability to import the Products).
With the exception of the above, the Products will be delivered to the address indicated by the User when ordering: the Seller shall not be liable for any failure to deliver the product due to incorrect or omitted delivery information.
Delivery is understood to mean at street level and will be carried out from Monday to Friday, during normal office hours, excluding national holidays, unless otherwise indicated.
If the User or another recipient indicated at the time of the order is unavailable at the time of delivery, the Products must be picked up at the address and in the manner indicated by the courier.
In the event of delays, damage, total or partial losses or other problems, the User must contact the Seller in order to resolve the problem as soon as possible.
All parcels sent by the Seller are insured.
If the delivered products are found to have anomalies or irregularities which occurred during transport (damage, breakage, loss, etc.) the User must notify the Seller within 24 hours of the receipt of the goods, providing the Seller with photographic documentation suitable to prove these irregularities. Failure to comply with the provisions of this paragraph shall preclude the replacement of damaged products by the Seller.
12. Risk of loss of the Product
In the event that the User makes use of the shippers appointed by the Seller, the risk of loss of the Products is the sole liability of the Seller, without prejudice to the fault and/or liability of the shipper itself toward whom the right of recourse is reserved.
On the other hand, the risk of loss is transferred to the User where the latter selects a different courier from those offered by the Seller.
The same risk of loss is borne by the User also in the case in which Products are returned by the Consumer in the exercise of his/her right of withdrawal, without prejudice to his/her rights with regard to the carrier in charge of the return shipment.
During the period of the right of withdrawal and in the case it is exercised, the Consumer is the custodian of the delivered Products and is liable for any damage, destruction, or decrease in their value.
Sale from Professional to Consumer (B2C)
Legal guarantee of conformity
In the event that the buyer is a Consumer, she/he is entitled to the legal guarantee of the conformity of the goods sold.
In particular, the Seller is obliged to deliver the Product to the Consumer in compliance with the sales contract. To this end it is presumed, among other things, that the Product complies with the contract if, where applicable, the following circumstances coexist:
- a) it is suitable for the use for which goods of the same type are normally used;
- b) it conforms to the description made by the Seller;
- c) it has the usual qualities and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the Product made by the Seller in this regard.
The Seller is not bound by the public statements referred to in letter c) above, when, alternatively, it shows that:
1) it was not aware of the declaration and could not know it with ordinary diligence;
2) the declaration was adequately corrected by the time the order was made and confirmed such as to have been known by the Consumer;
3) the decision to purchase the Product was not influenced by the declaration.
There is no lack of conformity if, at the time the contract was concluded, the Consumer was aware of the defect and could not avoid noting it with ordinary diligence.
In any case the Seller shall not be liable if:
1) the defects or discrepancies were knowable by the Consumer and she/he did not report them according to standard procedures;
2) the defects or discrepancies are the result of instructions provided by the Consumer;
3) the defects or discrepancies are minor and restoration is impossible or excessively burdensome;
4) the defects or discrepancies are the result of tampering or technical intervention by unauthorized personnel;
5) in the case of the incorporation/use of the Seller’s Product in another product not attributable to the Seller itself, if the discrepancy is due to the design of the latter or to the instructions for incorporation/use.
In the case of delayed delivery of the Products due to the Seller’s fault, the liability shall in any case be limited to a maximum amount equal to the sale price.
In no case shall the costs sustained by the Consumer autonomously without the prior consent of the Seller be recognized as compensation for damages.
The presence of an additional Seller’s Warranty for certain products shall be communicated on the Website, with the respective conditions, in the specific product sheet.
In the presence of a defect of conformity, the Consumer has the right to the restoration, without charge, of the conformity of the goods by repair or replacement, or to an appropriate reduction of the price or the termination of the contract.
At his/her option, the Consumer may also request for the goods to be repaired or replaced, without charge in both cases, unless the remedy requested is objectively impossible or excessively burdensome with respect to the other option.
One of the two remedies shall be considered excessively burdensome if it imposes unreasonable costs on the Seller in comparison with the other option, taking into account:
- a) the value that the good would have if there were no lack of conformity;
- b) the extent of the lack of conformity;
- c) the possibility that the alternative remedy may be carried out without significant inconvenience for the Consumer.
Repairs or replacements will be made within a reasonable time from the request.
The Consumer may also request, at his/her option, a reasonable price reduction or the termination of the contract if one of the following situations occurs:
- a) repair and replacement are impossible or excessively burdensome;
- b) the Seller has not provided for the repair or replacement of the goods within the appropriate period referred to above;
- c) the replacement or repair previously carried out has caused considerable inconvenience to the Consumer.
In determining the amount of the reduction or the sum to be repaid, account is still taken of the use of the good.
After the report of the lack of conformity, the Seller may offer any other remedy available, with the following effects:
- a) if the Consumer has already requested a specific remedy, the Seller remains obliged to implement it, with the relative consequences as regards the initiation of the appropriate time limit mentioned above, subject to acceptance by the Consumer of the proposed alternative remedy;
- b) if the Consumer has not already requested a specific remedy, she/he must accept the proposal or reject it by choosing another remedy as indicated above.
A minor conformity defect for which it has not been possible or it is excessively burdensome to carry out the remedies of repair or replacement, shall not give the right to terminate the contract.
In those cases in which the Product presents a defect of conformity, the Consumer must report it to the Seller within two months of discovery at the certified e-mail (PEC) address firstname.lastname@example.org or at the e-mail address email@example.com or by registered letter with recorded delivery to Dogtrot s.r.l., Via Brigata Marche 30, 31030 Carbonera (TV), VAT number 04300580265 email firstname.lastname@example.org tel. 0422260313 Italy.
The Seller is responsible for the defect of conformity which is identified within the period of two years from the delivery and/or pick up of the Product. The Consumer forfeits the warranty rights if she/he does not report the lack of conformity to the seller within two months from the date on which s/he discovered it. In any case, the Consumer ‘s action aimed at claiming such defects is prescribed within the term of twenty- six months from the delivery of the goods.
Sales from Professional to Professional (B2B)
In the event that the sale takes place between one Professional and another Professional (B2B) only the legal warranty provided for by the Civil Code applies.
In particular, this warranty relates to those Product defects that are such as to render it unsuitable for the use for which it is intended or such as to diminish its value appreciably. In these cases, the Buyer must, under penalty of forfeiture, notify the Seller of the presence of defects within eight days of their discovery. The claim must, in any case, be made within one year of delivery and/or pick up of the Product.
The warranty is not applicable if at the time of the contract the buyer was aware of the defects of the good and/or if the defects were easily recognizable by the buyer.
Where applicable, the rules referred to in Articles 1490 et seq. of the Italian Civil Code shall apply.
The warranty is not applicable if at the time of the contract the buyer was aware of the defects of the good and/or if the defects were easily recognizable by the buyer.
Seller’s additional warranty
In any case, the Seller, also by means of Special Conditions or in the other ways made available by the Website, shall indicate whether the Product has an additional Seller’s Warranty and, if so, it specifies the terms and conditions.
If the buyer is a Consumer, the presence of a Seller’s Warranty does not affect the Legal Warranty of conformity.
The Products are all in compliance with the rules and regulations on the parts that comprise them and with other applicable regulations.
Any damage that the Product may cause to things or people are reimbursable within the limits set out in the Consumer Code where applicable, without prejudice to the deductible of €387 pursuant to art. 123.
14. Right of withdrawal
In the case of B2C sales, pursuant to art. 52 et seq. of the Consumer Code the Consumer has the right to withdraw from the purchase contract without any penalty and without any obligation to specify the reasons.
The exercise of the right of withdrawal is however excluded, inter alia, in the following cases:
- provision of Services (for example for maintenance of Products, etc., where provided for by the Seller) after the full provision of the Service when the execution began with the express agreement of the Consumer, knowing that in that case henceforth the right of withdrawal is forfeited following the full execution of the contract by the Seller;
- sale of customized or clearly personalized goods;
as well as in the other cases envisaged pursuant to art. 59 of the Consumer Code.
These cases include, but are not limited to, all Customized Products, personalized, limited edition, special or seasonal, unique pieces etc.
Where applicable, the right of withdrawal must be exercised within 14 (fourteen) days starting from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the Product (or from the date of receipt of the Product).
To exercise the right of withdrawal, the Consumer must send, before the expiry of the deadline, a notice to the Seller with an explicit declaration of the decision to withdraw, also using the form at the bottom of this document. This declaration must be sent by registered mail with recorded delivery to Dogtrot s.r.l., Via Brigata Marche 30, 31030 Carbonera (TV), VAT No. 04300580265, Italy, or via certified e-mail (PEC) to the address email@example.com
Once the right to withdraw has been exercised, the Consumer must return the Product within 14 (fourteen) days from the moment in which the decision to withdraw was communicated, using the same means used at the time of the Order.
The product must be returned in its original packaging and absolutely clean.
The substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. Products which are damaged or show signs of wear will not be accepted for return. Only those in perfect condition and well kept will be accepted for return.
A copy of the delivery document received must be inserted in the box when the Product is returned.
The direct costs for returning the Product, including insurance costs, are borne by the Consumer.
The risks of transport for the return of the Product are fully borne by the Consumer, as are the costs necessary for its return. If the Product cannot be returned by post or courier, the Seller may pick it up from the Consumer at the expense of the latter.
Once the integrity of the returned Product and compliance with the other conditions indicated above has been verified, the Seller will refund the Consumer the full amount paid, no later than 14 (fourteen) days from the date of receipt of the Product, by the same means of payment used by the Consumer. In any case, the Seller may withhold reimbursement until the Products have been received, or until the Consumer proves they have been sent.
The Seller is not required to reimburse any additional costs if the Consumer has expressly chosen a type of delivery different from the less expensive type offered by the Seller.
For a summary of instructions on the rights and practical procedures for exercising them, please refer to the end of these Terms and Conditions, where additional information will be provided.
Where applicable, the right of withdrawal terminates any obligation between the parties, without prejudice to the obligations to return the Products and reimbursement and all the others described above, as well as to terminate all ancillary contracts.
15. Force majeure
In the case of force majeure the execution of the Order will be suspended.
This suspension may last for a maximum period of 3 (three) months, after which the Seller will deem the Order automatically cancelled.
In addition to those normally considered, the following shall be considered cases of force majeure: total or partial strikes, internal or external to the Seller’s company, the blocking of means of transport or supply for any reason, governmental or legal restrictions, computer or electrical failures, blocking of telecommunications including networks and in particular internet, problems that affect the operation of machinery used for production, the unavailability of raw materials or delays in their delivery and the like.
In any case, communication may be sent to the Seller regarding the interest in maintaining the Order, in which case a new deadline will be set. If the cause of force majeure persists at the end of that deadline the desire to maintain the Order must be confirmed again.
16. Industrial and intellectual property rights
The Website, the “dotandcross” mark, the “HUG” mark and any related intellectual and industrial property regarding the same are the exclusive property of the Seller, which also owns the intellectual property rights of the Website and the right to disseminate the items that are contained in the online distribution catalogue, regarding which it has obtained the necessary authorizations from the persons concerned, unless otherwise indicated.
The partial or total reproduction, on any type of support, the use of the elements that make up the Website and the catalogue, their use as well as their transfer to third parties are formally prohibited.
Therefore, it is forbidden to copy, divulge and modify the contents protected by copyright, registered trademarks or other intellectual and industrial property rights.
The trademarks and logos of the platforms related to payment instruments, social media networks, couriers and the like and any other logo not directly or indirectly attributable to the Seller are the property of their respective owners and are indicated on this Website for information purposes only to facilitate the execution of the related Services.
17. Site and User Security
The goal is to make sure that the use of the Website is secure for all Users however the Seller cannot guarantee it.
To this end, the Seller requests that all Users assist in ensuring the security of the Website and for this reason it is forbidden to publish spam, develop or use third party applications with illicit content or otherwise contrary to public morality or public decency; use the Website and the Services for illegal, deceptive, malicious or discriminatory purposes; take actions that may impede, overburden or compromise the proper functioning or appearance of the Website or the Services; insert false and/or invented and/or fictitious data and/or third parties other than the User, except in cases of legal representation, in the registration procedure necessary to activate the process for the execution of this contract and related further communications; commit any other action that is detrimental to the Seller, its partners and its users.
18. Express termination clause
The sales contract is legally terminated, pursuant to art. 1456 of the Italian Civil Code, in all cases of violation of the provisions of these General Terms and Conditions and in particular of the following:
16) Industrial and intellectual property rights;
17) Site and user security.
The legal termination is finalized when the party wishing to avail itself of the present clause communicates that intention to the other and indicates the circumstance, among those provided for above, that it believes to have occurred.
19. Nullity or invalidation of the clauses
If a clause of these General Terms and Conditions is found to be null or invalidated, any nullity or invalidation shall not extend to the remaining clauses, which shall therefore continue to remain valid and effective.
20. Changes to these General Terms and Conditions
The Seller reserves the right to modify, at any time and without prior notice, the contents of these General Terms and Conditions: the contractual relationship shall be governed by the text of the General Terms and Conditions published on the Website at the time the User sent the Purchase Order. Updates will be indicated in the header with the date of last update.
The User is therefore requested to always read the text of these General Terms and Conditions carefully before sending the Purchase Order, so as to verify the contents of updated text at the time of the Order.
21. Failure to exercise a right
The failure to exercise a right by the Seller does not represent any waiver to take action against the User or against third parties for the violation of obligations undertaken.
The Seller therefore reserves the right to assert its rights in any case, within the terms granted.
22. Reference to applicable industry regulations
Unless otherwise waived by these General Terms and Conditions, in addition to Legislative Decree 6 September 2005, no. 206 (Consumer Code) and subsequent amendments for the respective field of application, express reference is made to the other applicable regulations with express, but not exhaustive, reference to Legislative Decree 9 April 2003, no. 70 (Implementation of Directive 2000/31/EC regarding certain legal aspects of information society services, in particular e-commerce, in the internal market) and subsequent amendments, as well as Legislative Decree 30 June 2003, no. 196 (Privacy Code), the Italian Civil Code, and other applicable industry regulations.
23. Processing of personal data (Privacy)
24. Applicable law
The General Terms and Conditions and the Services described herein are governed exclusively by Italian law, by the European Union Community regulations, and by the International Conventions which have effect and are recognized in the Italian Republic.
All the Services and information contained on the Website will be provided in Italian.
The mandatory provisions of the law, such as those provided for by the Consumer protection regulations (Consumer Code) supersede any corresponding clause of this contract, which in any case remain in force for all the remaining terms and conditions.
25. Claims and tools for resolving any disputes
The User can forward any claims to the following addresses:
-Dogtrot s.r.l., Via Brigata Marche 30, 31030 Carbonera (TV), VAT 04300580265, Italy.
-via Certified email (PEC) to firstname.lastname@example.org
-via ordinary mail to email@example.com
In any case, for the resolution of disputes arising from the exact application of the contract it is possible to resort to out-of-court dispute resolution procedures, as per Section V, Title II-bis, of the Consumer Code, before consumer mediation bodies pursuant to Legislative Decree 4 February 2010 no. 28 and to the other ADR bodies (that is, Alternative Dispute Resolution alternatives to judicial or otherwise contentious dispute resolution) indicated therein.
In particular the Seller notes that the European Union has implemented a platform for the resolution of disputes arising online. Please see this link:
or this address, which refers directly to the platform in Italian:
26. Jurisdiction and Competent Court
Without prejudice to the foregoing, for any dispute concerning the interpretation, execution, and termination of these General Terms and Conditions and the sales relationship that follows, if the User is a Consumer she/he can choose alternatively whether to contact the Judicial Authority of his domicile (if different from Italy) or the Italian Judicial Authority, in the case of the application of the 1968 Brussels Convention or the European Community Regulation 1215/2012.
In the case of Italian jurisdiction, if the User is a Consumer the court having jurisdiction is the court with jurisdiction over the place of residence or domicile, pursuant to art. 66-bis of Legislative Decree 206/2005.
In contrast if the User is a Professional pursuant to the applicable legislation, the Italian Judicial Authority has exclusive jurisdiction and only the Court of Padua is competent, without prejudice to the inviolable and exclusive jurisdiction of the Court of Venice, Specialized Business Section, for those cases expressly provided for by the applicable legislation.
The above without prejudice to any exclusive and mandatory jurisdictions and competences provided for by regulations governing the sector.
Any communication between the Parties will be considered valid and effective if made at the addresses indicated in these General Terms and Conditions or in the Special Conditions or those subsequently changed and communicated to the other party at the last known and valid address.