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General Terms and Conditions of sale

Buying your first Swingdesign rocking chair is fast, easy and secure. In this page you will find all the information you need regarding placing your order, payment and the terms and conditions of sale.

Definitions

  • “Website” means the SWINGDESIGN.EU website the purpose of which is the sale of furnishings and design products.
  • “Buyer” means the individual or entity purchasing from the website, in acceptance of the sales conditions.
  • “Order” means the request form for goods for sale, using the PayPal shopping cart.
  • “Products” means the goods displayed for sale on the website, in accordance with the general conditions of sale.
  • “Price” means the amount due for the sale of individual goods.
  • “Contract” means the distance contract for the sale of products, in accordance with the general conditions of sale.
  • “Parties” means the sole trader D’Oria Giovanni of Attimis (UD), Italy and the Buyer.

Acceptance of General Sales Conditions

The contract stipulated between D’Oria Giovanni and the Buyer must be intended as concluded with the acceptance of the order by D’Oria Giovanni That acceptance is tacit, unless communicated differently by any means to the Buyer after confirmation of the order by D’Oria Giovanni. By placing an order online, the Buyer hereby declares to have seen and accepted in their entirety the general sales and payment conditions contained herein. The Buyer must provide for the printing or saving of electronic copies and in any case preserving the present general sales conditions, in accordance with the provisions of article 50 and successive modifications of Italian Legislative Decree no. 206/05.

Description of products

D’Oria Giovanni makes best efforts to provide the best product images and descriptions, but unfortunately is unable to guarantee that the colors and details in website images are a 100% accurate representation of the product. Small differences are sometimes possible as a result of the Internet browser or computer monitor used, because images may have been resized to fit the screen used or as a result of the photographic or video techniques employed.

Purchasing Modalities

The Buyer may purchase the products sold in the catalogue present on the website www.swingdesign.eu which uses the PayPal shopping cart and bank transfer payment services.

Purchase by bank transfer (prepaid)

The mode of payment by bank transfer provides for the acceptance and validity of the order only after payment and unambiguous receipt by Giovanni D’Oria of the bank transfer amount.

Customers wishing to pay by bank transfer, will receive the IBAN or SWIFT via e-mail after the order made by this site, together with the summary of the data provided, the quantity of the product ordered, and the price includes transportation. Any shortcomings or discrepancies between the data provided by the Customer and the data entered in the payment by bank transfer may lead to delays in the acceptance of the same by Giovanni D’Oria.

Purchase by credit card (PayPal)

Purchase by credit card is done through PayPal (www.paypal.com) and provides for the acceptance and validity of the order only after payment and unambiguous receipt by D’Oria Giovanni confirmation of transaction by PayPal.

Only after receiving payment from the customer, D’Oria Giovanni will verify the availability of the material.

Any notice of missing acceptance of the order due to product unavailability and/or delivery times longer than the standard indicated (20 days), will be communicated promptly to the Buyer, by e-mail. Any right of the Buyer to compensation for damages shall be excluded, as well as any contractual or extra-contractual responsibility for direct or indirect damages to persons and/or things, provoked by the failed acceptance, even partial, of an order.

Modifications or cancellation of confirmed orders shall not be guaranteed and may be authorised by D’Oria Giovanni on the basis of the progress status of production. The images accompanying the product on the website may not correspond perfectly to its characteristics and product descriptions may differ slightly in color due to the video settings used by the Buyer. The Buyer is informed that the availability of products for shipping on the PayPal website (shopping cart) is not updated in real time and given that multiple clients may access the website simultaneously, the true availability of individual products may be at variance on any day with that shown on the website.

Notwithstanding general legislation, the parties expressly agree that, even though the Buyer is a “Consumer” as described in article3 of the Italian Consumer Code (Legislative Decree 206/2005) the contract of sale between the Buyer and D’Oria Giovanni is regulated by Italian Law and for the solution of any civil or penal disputes jurisdiction shall rest exclusively with the Court of Udine, Italy.

Shipping and Delivery Times

D’Oria Giovanni commits to shipping goods in the shortest time possible, in consideration of the 20 days needed for production. Shipping times should not be considered by the Buyer as binding for the conclusion of the contract stipulated with D’Oria Giovanni.

Shipping and delivery times may be confirmed at any time by the Buyer via email request to info@swingdesign.eu . Any early or late delivery times which deviate from the standard 20 days will be communicated promptly as soon as D’Oria Giovanni possesses this knowledge. In any case these may not be considered by the Buyer as reason to request compensation for damages or as any contractual or extra-contractual responsibility for direct or indirect damages to persons and/or things.

Shipment and delivery

Purchases made through the www.swingdesign.eu website are sent by courier or specialist delivery firms to the delivery address indicated at the time of order. During the ordering process it is possible to indicate a named reference and telephone contact number to facilitate delivery.

For each order made, D’Oria Giovanni will issue a proper accompanying document for the material shipped (accompanying invoice etc). For the issue of these documents, the information supplied by the Buyer in the order shall be used. The Buyer undertakes to ensure that the information supplied for delivery is complete and correct, should delivery be impossible due to errors in address, telephone number, email etc. any additional costs incurred are the responsibility of the Buyer

After issue of the invoice it will not be possible to make any changes. Delivery costs are calculated on the basis of destination; the calculation of these expenses will be made on-line by indicating: city, province and country of destination. The Buyer may communicate any detail deemed useful for the courier to reach the place of delivery, by adding a note to the order.

D’Oria Giovanni shall provide information of imminent shipping to the Buyer by e-mail to the email address supplied at the time of ordering. The e-mail shall contain all information pertinent to shipping. If the Buyer provides in good time a telephone number, the courier may be aided in delivery of the order. Standard delivery is made at street level. Deliveries made to ‘difficult’ locations, such as mountainous areas that are difficult to reach, pedestrian zones and/or zones with limited access for normal means of transport for merchandise and regarding which the Buyer has not informed D’Oria Giovanni in advance may involve the addition of a supplementary cost that shall be communicated to the Buyer by e-mail as soon as possible.

National and international couriers make deliveries from Monday to Friday during normal working hours which are regulated and indicated by the same couriers and which cannot be influenced by D’Oria Giovanni. No responsibility shall be accorded to D’Oria Giovanni due to delivery delays ascribed to the chosen shipper.

Merchandise is packaged carefully at our warehouses using resistant materials suitable to ensure optimum protection during transportation. At the moment of delivery, the Buyer must check that the number of packages delivered corresponds to that indicated in the transport document or accompanying invoice and that the packages are perfectly intact and not altered. In case of tampering and/or damage to the packaging, the Buyer shall accept the merchandise indicating “WITH RESERVATIONS” describing personally and in a detailed manner the damage on ALL copies of the courier’s delivery receipt (E.g.: “With reservations after noting damaged packaging on the merchandise”). In the event of evident damage to the products transported, the Buyer may directly refuse the delivery, describing personally on ALL copies of the courier’s delivery receipt the reason for the refusal of delivery (E.g.: “I do not accept the merchandise due to the evident damage to the packaging and the products inside”).

N.B.: At the moment of delivery the courier must await the inspection SOLELY by the Buyer of the integrity of the packaging. The opening of the packaging and the inspection of the integrity of the products contained in it shall be made later by the Buyer after concluding the procedures indicated in the previous points. The original packaging and any accessories must be in any case kept for the entire duration of the product guarantee, so as to be able to use them for returns.

Once having followed the aforementioned procedures and confirming the presence of damage caused during shipping, the Buyer must communicate this to D’Oria Giovanni within 5 (five) days of the receipt of the merchandise by e-mail to serviziocliente@swingdesign.eu attaching photographic evidence of the damaged packaging and merchandise. A Buyer who for any reason has not followed the instructions indicated above in this contract shall not later make claims against D’Oria Giovanni for any missing or damaged goods caused by the shipper.

D’Oria Giovanni hereby informs the Buyer that both the packaging and the product, once no longer in use, should not be disposed of in the environment but should be delivered to systems of waste disposal that conform to applicable legislation.

List prices

The prices shown for the products that may be ordered on-line, the transport costs and those for any additional services are inclusive of VAT.

Right of Withdrawal

To exercise the right to withdrawal, the Buyer, within 10 working days from the date of receipt of the merchandise, shall send to D’Oria Giovanni, Borgo Molinars 20, Località Forame, 33040 Attimis (UD) ITALY, written communication by registered letter with return receipt and an advance e-mail to the address info@swingdesign.eu, declaring their intention to make use of the right of withdrawal and indicating the order number, invoice number, product code and quantity of items, if the withdrawal is partial (only in the event of the purchase of several articles) or total and the bank account details to obtain a refund (IBAN or SWIFT code of the person named on the invoice).

The Buyer must furthermore contact D’Oria Giovanni via e-mail at the address info@swingdesign.eu to obtain the return code for the merchandise. The merchandise must be returned in its entirety and in the original, appropriately sealed, packaging, and include all its components (packaging, internal protection, external protection, wooden pallet and any documentation and accessory equipment: manuals, assembly tools, etc.) to D’Oria Giovanni by courier chosen by the Buyer.

The Buyer is liable for any shipping costs incurred for the return of the merchandise.

D’Oria Giovanni, after having verified the integrity of the merchandise, shall proceed within 30 days of receipt of the returned goods to refund the value of the product(s) deducting from the amount only the costs of shipping, and any additional expenses.

The right of withdrawal is in any case subject to the following conditions:

  • the right applies to products acquired in their entirety; it is not possible to exercise withdrawal only on a part of the product (e.g. only fabric parts).
  • the Buyer shall check the integrity of merchandise received, noting any damage or defects present.
  • the shipping and return of the material, up to the confirmation of receipt by D’Oria Giovanni, is under the complete responsibility of the Buyer.
  • in the event of damage to the goods during the return transport, D’Oria Giovanni shall communicate this information to the Buyer (within 5 working days of the receipt of the goods at our premises), to permit the Buyer to make a prompt claim against the courier chosen by the Buyer and to obtain a refund to the value of the goods (if insured); in this case the product shall be made available to the Buyer for its return and at the same time the request for withdrawal and therefore refund shall be cancelled.

D’Oria Giovanni shall not respond in any way for the damage or theft/loss of returned goods during their shipping that are not insured by the Buyer. Upon arrival at the premises, the product shall be examined to evaluate any damage or tampering resulting from transport. If the package and/or original packaging should appear excessively damaged, D’Oria Giovanni shall deduct from the refund due the costs of returning these to their original state.

The right of withdrawal is forfeited when the essential integrity of the goods is not preserved, thus in the event that D’Oria Giovanni ascertains:

  • careless use of the goods that has compromised their integrity or the use of any consumable materials;
  • absence of the outer packaging and/or the original internal packing;
  • absence of integral parts of the product (fabric, screws, etc.);
  • damage to the product due to causes unrelated to its transport.

In the event of forfeiture of the right of withdrawal the merchandise shall remain at the offices of D’Oria Giovanni and be available to the Buyer for collection at his/her expense.

The right of withdrawal may not be exercised in the case of purchase of products customised according to instructions requested by the Buyer and for which colour finishes, sample fabrics, printing or embroidery have been chosen by the Buyer. The right of withdrawal is only available to “Consumers” as defined in article 3 of the Italian Consumer Code (Legislative Decree 206/2005) and as such may not be exercised by persons acting for the purposes of his/her business, trade or profession.

Guarantees

All products sold by D’Oria Giovanni are covered by a standard manufacturer’s guarantee and, in accordance with Italian Legislative Decree no. 206/05, by a 24 month guarantee against inherent defects when purchased by a ‘consumer’ (that is, an individual who acquires the merchandise for personal use and not for purposes related to their business or profession). In all other cases the guarantee is 12 months.

To receive assistance under guarantee the Buyer must keep a copy of the invoice. As per Italian Legislative Decree no. 206/05, the guarantee covers products that have inherent defects, as long as the product has been utilized correctly, and in respect of its stated use. In the event of inherent defects, D’Oria Giovanni shall provide, at no expense to the Buyer, for the product to be returned to good working condition through repair/replacement or by an agreed-upon reduction in the purchase price, up to cancellation of the contract.

The Buyer must verify the merchandise and its functioning within 5 days of receipt of the delivery and any defects noted shall be communicated to D’Oria Giovanni via email within these 5 days by e-mail to info@swingdesign.eu, indicating the product code, and details and photographs of the defect noted.

Should D’Oria Giovanni not be able to provide the Buyer with a product under guarantee (repaired or replaced) substitution with a product of equal or superior characteristics to that which has been returned will be agreed upon with the Buyer or the amount paid, taking into account the use and wear of the goods will be refunded.

Repair times or any replacement of the product shall depend exclusively on the policies of the sub-supplier and no compensation may be requested against D’Oria Giovanni for any delays in the execution of such intervention.

In the event of replacement under guarantee, the Buyer will send at his/her expense the defective goods to D’Oria Giovanni for a technical inspection of the defects highlighted by the Buyer. The goods under guarantee shall be returned by the Buyer in their original, appropriately sealed packaging, complete with all their parts (including packaging, internal protection, external protection, wooden pallet and any documentation and accessory equipment, assembly tools, etc.).

Upon receipt of an email from the Buyer signalling an “inherent defect”, D’Oria Giovanni shall send via email an authorisation number for the return of the product which must be indicated on the outer packaging. D’Oria Giovanni shall arrange return shipping and delivery of the merchandise repaired/replaced under the guarantee.

The Buyer must keep the original packaging and all supplementary documentation until the expiration of the guarantee period. The Buyer must keep a copy of these “General Terms and Conditions of Sale”, valid at the moment of the stipulation of the long-distance contract (when order is received from the ‘Buyer’) in hard copy or electronic form.

D’Oria Giovanni shall not be liable for any breach of the present contract caused by shortage or unavailability of a product caused by force majeure, technical faults, interruptions or strikes by postal or transportation services or for issues related to telecommunications.

Privacy

The personal data requested during the ordering process is collected and handled by PayPal so as to satisfy the express requests of the Buyer. PayPal and D’Oria Giovanni guarantee that such information provided by the Buyer is handled in accordance with Italian legislation regarding the treatment of personal data, as regulated by the Italian privacy code under Legislative Decree no. 196 of 30/06/2003.

To access and use the www.swingdesign.eu website no registration is required; all sections of the internet site may be consulted freely, and users are free to add products to the shopping cart to simulate a purchase and check shipping costs and any additional expenses. To complete an order, all data requested during the PayPal purchasing process must be provided. The user will be required to insert information needed for the purchase and delivery of the product.

The handling of personal data supplied may, in some cases, be merely a method for exchanging information of a professional nature and for the management of any pre-contractual negotiation, offers and promotions, and newsletters sent by D’Oria Giovanni for the successive conclusion of a contract to which the interested Buyer shall be party.

This data is subject to the law on the “Protection of Persons and Other Subjects with Respect to the Treatment of Personal Data” (Italian Legislative Decree no. 196 of 30 June 2003) known as the “Law on Privacy”. Personal data is handled, within the context of the normal business activity of D’Oria Giovanni, for aims strictly connected and relative to the management of relations with the Buyer (orders, shipping, invoicing, company statistics, customer feedback etc.), aims connected to the fulfilment of current legal requirements and the purposes of promotion, sales and communication solely by D’Oria Giovanni.

The Buyer or other interested party is entitled to exercise their rights as per article 13 of Italian Legislative Decree no. 196 30/06/2003, which are:

  • to ask confirmation of the existence of their own personal data at the offices of D’Oria Giovanni;
  • to know the origin, method and purpose of its handling;
  • to obtain the update, correction and amendment of the data; to request its removal, its transformation into an anonymous form and, where appropriate, a block on its use when handled unlawfully.

The parties responsible for the handling of personal data are: PayPal and D’Oria Giovanni, with premises situated in Borgo Molinars no. 20, Località Forame, Attimis (UD), Italy, VAT 02631360308, Tax Code DROGNN63B13L483F. The data shall be kept at our offices for the time prescribed by law.

The contract of sale between the Buyer and D’Oria Giovanni is intended as stipulated in Italy and is regulated by Italian Law. For the solution of any civil or penal disputes deriving from the stipulation of the long-distance contract of sale, territorial jurisdiction shall rest exclusively with the Court of Udine, Italy.

Copyright and Trademarks

Brand names, logos and any other distinguishing devices used on the website are the property of the copyright holder. The use of these brand names, logos and other distinguishing devices by unauthorised third parties –including their publication on the internet- is forbidden. The website content (texts, graphics, images and animations) are protected by copyright.

Notes and Updates

To ensure a continuously updated service, D’Oria Giovanni reserves the right to modify at any time and without advance warning: the technical data, text, designs, descriptions, graphics, photographs, color variations, product availability, delivery times, general sales conditions and any other information displayed on the website www.swingdesign.eu and on any other partner sites.

Company information

D’ORIA GIOVANNI

Borgo Molinars, n. 20 – Località Forame – 33040 ATTIMIS (UD) ITALIA
VAT IT02631360308 – T.C. DROGNN63B13L483F
info@swingdesign.eu
Phone 0039 338 6030186

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