Terms and Conditions

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GENERAL PREMISE AND DEFINITIONS

These general conditions govern the sale of products by the company D'ORO COLLECTION s.r.l.s. (VAT number 13536991006) (hereinafter "Company"), with registered office in Rome (Italy), Piazza Adriana n.11, C.a.p. 00193, ordered by the buyer (hereinafter "Buyer") through an e-commerce purchase procedure on the company's website (www.dorocollection.com) or on other websites linked to the latter or which refer to the latter or which in any case allow the purchase of the company's products.
For the purposes of these General Conditions, the following are defined:

  • "Conditions": these general conditions of sale, which constitute an integral and essential part of the product purchase order;
  • "Purchase Order": the product purchase order compiled and confirmed digitally, with appropriate "flags & clicks", through an e-commerce purchase procedure on the company's website (www.dorocollection.com) or on other websites linked to the latter or which refer to the latter or which in any case allow the purchase of the company's products;
  • "Purchase Procedure": the e-commerce purchase procedures on the company's website (www.dorocollection.com) and on other websites linked to the latter or which refer to the latter;
  • "Contract": the product sales contract, which is perfected when the company has received payment of the price from the buyer in execution of the purchase order;
  • "Buyer": the buyer of the product;
  • "Product": the product subject of the contract;
  • "E-Commerce Channels": the company's websites and third-party websites that allow the purchase of the company's products through e-commerce procedures;
  • "Data": the data communicated by the buyer during registration and/or compilation of the purchase order on the company's website (www.dorocollection.com) or on other websites linked to the latter or which refer to the latter;
  • "Parties": the company and the buyer globally considered.

1) PURCHASE ORDER AND CONCLUSION OF THE CONTRACT.

The Purchase Order must be filled in digitally by the Buyer, in all mandatory fields, and confirmed with the appropriate "flags & clicks" present in the Product purchase procedures found in the E-Commerce Channels. With appropriate "flags & clicks", the Buyer has declared to have read, understood and accepted these General Conditions.
The Purchase Order is perfected and becomes irrevocable for the Buyer with the execution of the payment of the purchase price of the Product, without prejudice to the provisions of the subsequent article 8. Until the Company has received full payment of the Product price, the Purchase Order will in no way be binding on the Company.
Upon crediting of the Product price, the Company will confirm to the Buyer the taking charge of the Purchase Order and will communicate the approximate delivery times of the Product, through communication that will be sent to one of the addresses indicated by the Buyer during the compilation of the Purchase Order.

2) ACCEPTANCE OF THE PRODUCT, PRICE AND PRODUCTION AND DELIVERY METHODS AND TERMS.

The Buyer, by accepting these General Conditions, declares to be aware of and accept: a) the graphics and technical characteristics of the Product; b) the price of the Product; 3) the methods and terms of production and delivery of the Product.

3) PRODUCT CONFORMITY GUARANTEE.

The Buyer is aware that the Company's Products are quality products, which must be handled with care, handmade in accordance with a reference model. Slight divergences from the model are inherent in the artisanal production process of the Product and do not constitute an actual defect or flaw of the Product. Only in the presence of serious flaws, defects or non-conformities of the Product can one speak of an actual flaw or lack of conformity of the Product, also for the purposes of the legal guarantee, which must be activated, under penalty of ineffectiveness, in compliance with the forfeiture and prescription terms provided for: (i) by art.1495 of the Civil Code in the presence of a non-consumer Buyer (report within 8 days of discovery of the defect, under penalty of forfeiture; action prescribed after 1 year from delivery of the goods); (ii) by articles 128 et seq. of Legislative Decree no. 206/2005, in the presence of a consumer Buyer (report within 2 months of discovery of the defect, under penalty of forfeiture; action prescribed after 26 months from delivery of the goods). In the presence of legitimate and timely activation of the aforementioned guarantees, the Company will verify the existence of flaws, defects or non-conformities of the Product and will provide, as the case may be, at its own expense and care, for the repair or replacement of the Product.

4) SALES PRICES

The sales prices are exclusively those of the Company's price list, pursuant to art. 1474 of the Civil Code, published on the Company's website (www.dorocollection.com). Sales prices include VAT, packaging costs and shipping in Italy.
Any price differences indicated in other E-Commerce Channels (e.g., due to errors, unauthorized discounts, promotions, etc.) will in no way be binding on the Company, which will be free not to execute the Purchase Order until the Buyer has integrated the payment of the purchase price up to the amount obtainable from the Company's price list published on its website (www.dorocollection.com).

5) PAYMENT

The Buyer undertakes to make payment of the Product price within 24 hours of completing the Purchase Order. The Purchase Order will be binding on the Company only after receipt of payment. In the case of payment by bank transfer, the Buyer is required to indicate the following data in the bank transfer description: (i) full name and surname; (ii) product name (iii) date of execution of the purchase order.

6) PRODUCT DELIVERY

In the Purchase Order confirmation communication, the Company will specify the approximate times for the creation and delivery of the Product. The Buyer is informed that these times are to be considered merely indicative and not binding on the Company, as the actual times are influenced by numerous factors related to the type of Product and production capacities (e.g., handmade and custom-made product; number of orders received; time dedicated to the individual product to guarantee a high quality standard, etc.). The actual production and delivery times may therefore also be longer than those merely indicative specified in the Purchase Order confirmation communication.
When the Product is finished and ready for delivery, the Company will communicate to the Buyer the availability of the Product for delivery.
Unless otherwise agreed between the Parties, the delivery of the Product will be made to the place indicated by the Buyer in the Purchase Order and may take place, at the Company's sole discretion, by direct delivery or by courier.
Shipping of the Product in Italy is included in the sales price and is at the Company's care and expense.
Shipping of the Product outside of Italian territory is not included in the sale and is at the Buyer's care and expense. In this case, the Company's responsibility ceases with the delivery of the Product to the forwarder indicated by the Buyer and the risk of any damage or loss of the Product during shipment is borne by the Buyer, without prejudice to rights against the carrier, for which the activation of adequate insurance against loss or damage of the Product is recommended.

7) DATA PROVIDED AND BUYER'S RESPONSIBILITY

The Buyer declares and guarantees: (a) that the Data provided by the same in the Purchase Order are correct and true; (b) to be of legal age (if a natural person); (c) to have the necessary powers to oblige the legal person or entity without legal personality indicated in the Purchase Order to purchase the Product. The Buyer is obliged to promptly communicate to the Company any changes to the Data provided.
Communications relating to changes in Data must be made in writing, under penalty of ineffectiveness, by communication to be sent by one of the following methods:

  • registered letter with return receipt to the Company's registered office: D'ORO COLLECTION s.r.l.s., Piazza Adriana n.11, Cap 00193, Rome (Italy);
  • e-mail to the address: info@dorocollection.com
  • certified e-mail to the address: infodorocollection@pec.it

Any changes to the address indicated for delivery in the Purchase Order must be announced to the Company at least 7 days before the actual change and must then be confirmed to the Company on the very day of the actual change. In the absence of written communication by one of the following methods, the address indicated in the Purchase Order will be considered confirmed and the delivery of the Product to that address will constitute exact fulfillment of the Contract by the Company, with the consequent release of the latter from any further contractual obligation. The Buyer is aware that, in the presence of untruthful or incorrect information, they may be held responsible for damages caused to the Company.

8) RIGHT OF WITHDRAWAL

The e-commerce sales contract constitutes a distance contract according to Italian law.
Pursuant to articles 52 et seq. of Legislative Decree no. 206/2005 and subsequent amendments and additions, being a distance contract, if the Buyer is a consumer, they will have the right to withdraw from the Contract within 14 days from the date of physical acquisition of the Product, by sending a written communication to the Company by one of the following methods:

  • registered letter with return receipt to be sent to the Company's registered office: D'ORO COLLECTION s.r.l.s., Piazza Adriana n.11, Cap 00193, Rome (Italy);
  • e-mail to the address: info@dorocollection.com
  • certified e-mail to the address: infodorocollection@pec.it

Pursuant to art.59, letter c) of Legislative Decree no.206/2005, the right of withdrawal is excluded if the Buyer has agreed with the Company on specific product customizations that make it a tailored or clearly personalized product. In exercising the right of withdrawal, the Buyer is obliged to return the Product as received, completely intact, properly protected and adequately packaged to the Company's registered office (D'ORO COLLECTION s.r.l.s., Piazza Adriana n.11, Cap 00193, Rome, Italy) or to another place indicated in writing by the Company, without undue delay and, in any case, no later than 14 days from the date of exercising the right of withdrawal.
The costs of returning the product are borne exclusively by the Buyer.
The Company, after verifying the legitimate and timely exercise of the right of withdrawal and after verifying the integrity of the returned Product if it had already been shipped or delivered to the Buyer, will refund the Subscriber the amount paid for the purchase of the Product, within 14 days starting from: (i) the date of receipt of the withdrawal communication, if the Product has not yet been shipped or delivered to the Buyer; (ii) or, from the date of physical return of the Product, if it has already been shipped or delivered to the Buyer.

9) CONTRACTUAL AMENDMENTS

Any modification, integration or deletion of contractual clauses or other possible agreements connected with the Contract will be valid and effective only if stipulated in writing and can only be proven by documentation.

10) APPLICABLE LAW, JURISDICTION AND COMPETENT COURT

The Purchase Order, its confirmation and every aspect of the contractual relationship between the Parties, both in its normal phase (e.g., interpretation, execution, withdrawal, etc.) and in its pathological phase (e.g., nullity, annulment, rescission, termination, contractual breach, etc.), is governed by Italian law and directly applicable community provisions (e.g., community Regulations), which will also exclusively apply with regard to the regulation of any other pre-contractual, contractual and extra-contractual aspect of the relationship between the parties not contractually regulated.
Any dispute that may arise between the Parties in relation to the Purchase Order, its acceptance, every aspect of the consequent contractual relationship between the Parties, both in its normal phase (e.g., interpretation, execution, withdrawal, etc.) and in its pathological phase (e.g., nullity, annulment, rescission, termination, contractual breach, etc.), and any other pre-contractual, contractual and extra-contractual aspect of the relationship between the parties not contractually regulated will be exclusively subject to Italian jurisdiction and, within it, to the exclusive jurisdiction of the Court of Rome, except in the case where the Buyer is a consumer with residence or domicile located in the Italian State; in which case the Court of residence or domicile of the consumer will have exclusive jurisdiction.

11) INVALIDITY OR INEFFECTIVENESS OF INDIVIDUAL CLAUSES.

The invalidity or ineffectiveness of individual clauses does not affect the validity and effectiveness of the other clauses and of the Contract in general.