General Terms and Conditions of Sale

The following General Terms and Conditions of Sale govern the offer and sale of Products on the website www.officinecreative.store (hereinafter, the "Website").

The Products available for purchase through the Website are offered and sold by DDN Retail S.r.l. Unipersonale, with registered office in Montegranaro (FM), Via Elpidiense Sud no. 289/c, VAT number 01406630432, telephone 0734 891242, email ddnretail@ducadelnord.com, PEC ddnretail@pec.it (hereinafter referred to as "DDN" or "Seller"),

 

  1. SCOPE OF APPLICATION

1.1 The sale of Products through the Website (Products or, individually, Product) constitutes a distance contract governed by these general terms and conditions and, if the user resides in Italy or in a non-EU Country and qualifies as a "Consumer," by Legislative Decree No. 206 of 6 September 2005 (Codice del Consumo). For users residing in a different EU member state, national and EU consumer protection laws will apply instead. In the event that the user qualifies as a "Professional" within the meaning of Codice del Consumo (or the different applicable consumer legislation), in addition to these general terms and conditions, the provisions of the Civil Code, as applicable, shall apply to the contract.

1.2 The General Terms and Conditions of sale may be subject to changes. Such changes shall be applicable to purchases made after their publication on the Website. Therefore, users are advised to consult the latest version of the General Terms and Conditions of Sale before making any purchase.

1.3 These General Terms and Conditions of Sale do not govern the sale of Products and/or the provision of services by entities other than DDN that may be reached through links, banners, or other hypertext links on the Website. Before engaging in commercial transactions with such entities, it is necessary to verify their terms of sale. DDN is not responsible for the provision of services and/or the sale of Products by such entities.

  1. PURCHASES ON THE WEBSITE

2.1 Sales on the Website are reserved for adults and/or individuals with the necessary legal capacity under their national law. The Seller disclaims any liability in the event of false or incomplete statements or the submission of invalid documentation by the buyer.

2.2 DDN reserves the right not to confirm and/or cancel an order if the buyer has provided false or incorrect information, invalid documentation, and/or in the event of fraud or attempted fraud.

2.3 The Products available on the Website can be purchased using the procedure described below. The user must select the Products, in the quantity and with the chosen characteristics, within the limits of availability, and add them to the virtual shopping cart using the dedicated button. To complete the purchase, the user must proceed to checkout by providing their personal data, shipping and payment information, or, if already registered, log into their account in order to finalize the order and complete the purchase.

2.4 The Products for sale on the Website, as well as their prices and characteristics, may be subject to changes at any time and without notice. Therefore, before submitting the purchase order, the user is kindly requested to verify the final selling price, to which the shipping cost indicated in the summary form before checkout must be added.

2.5 The user will have the opportunity to review a summary of the order, and may modify its contents up until checkout. After carefully reading these terms and conditions, the user must accept them by checking the appropriate box on the Website and finally proceed with payment as provided.

2.7 The user may consult the history of their orders at any time, following the creation of a user account and access to the corresponding page.

  1. USER INFORMATION AND WEBSITE REGISTRATION

3.1 In order to enable the purchase, the user will be required to provide, or if registered, confirm their personal data, as well as provide the shipping address along with any different billing address, email address, and telephone number necessary for communications related to the purchase and delivery. The Seller disclaims any responsibility for delayed, incorrect, or failed delivery of the Products if the addresses and/or the number provided by the user are incorrect, inactive, or otherwise unsuitable for retrieval.

3.2 In the case of registration of a user account, the account credentials must be used exclusively by the user and cannot be transferred to third parties. The user agrees to keep them confidential and ensure that no one has access to them. The user guarantees that the personal information provided during the registration process of the account on the Website is complete and truthful. DDN disclaims any liability in the event of misuse and/or disclosure of credentials by the user.

3.3 In the event of loss of login credentials, the user can recover them by sending a request to the email address contact@officinecreativeitalia.com or through the guided procedure on the Website. In such case, a link will be sent to the user's email address to create a new password.

3.4 To delete an account from the DDN Website, the user shall send a request to the email address contact@officinecreativeitalia.com.

  1. DIRECT INFORMATION AT THE CONCLUSION OF THE CONTRACT

4.1 DDN informs the user that:

  • to conclude the contract for the purchase of one or more Products on the Website, the user must complete and submit an electronic order using the methods specified in Article 2;
  • by sending the order, which has contractual value, the user acknowledges and declares to have read all the information provided during the purchase process and fully accepts these General Terms and Conditions of Sale, in the currently effective version, which are an integral part of the order itself;
  • the contract between the user and DDN shall be deemed concluded upon acceptance of the order by DDN, to be sent via email to the address indicated in the order; failure to send the acceptance within 2 days from the submission of the order shall be interpreted as a rejection of the same. In such case, any price already paid will be refunded to the user, excluding any further rights or claims by the user;
  • the order confirmation from DDN contains information regarding the characteristics of the purchased Product, a detailed indication of the price, the payment method used, delivery charges, any additional costs, and the contact details of the Customer Service, to which the user can turn for assistance and/or file complaints. It is recommended to keep the received email as proof of purchase. The General Terms and Conditions of Sale and information regarding the right of withdrawal, as well as the Privacy Policy of DDN, can be consulted via links at the bottom of the order confirmation emails for the purchased Product, which refer to the respective pages of the Website.
  1. VALIDITY OF OFFERS AND PRICES, PROMOTIONAL ACTIVITIES AND DISCOUNTS

5.1. All Product prices are expressed in Euro (€) or US Dollars ($) according to the geographical area chosen by the user, and include Value Added Tax ("VAT"), unless otherwise expressly stated. Any additional costs will be explicitly and separately indicated at checkout, before the user proceeds to submit the order form. Please refer to Article 8 for information on shipping costs and any customs duties.

5.2. DDN may change the price of Products available for purchase at any time without notice, provided that the price charged to the user will be the price published on the Product information page that illustrates the main features of the Product (Product Page) at the time of order submission. Any price changes (increase or decrease) after the order is submitted will not be taken into account.

5.3. Products at discounted prices may be offered for sale on the Website. The full price shown on the Website (Striked Price) corresponds to the lowest price applied in the thirty days prior to the price reduction. For Products that have been on the market for less than thirty days, the period of time to which the Striked Price refers will be indicated. In the event that the price reduction is progressively increased, during the same continuous sales campaign, the Striked Price will be the one without the reduction prior to the first application of the price reduction, determined as above.

5.4. DDN has the right to assign discount vouchers, prizes or start promotional initiatives with the aim of promoting Products. Discount vouchers provide a reduction on the selling price of Products in compliance with these general conditions, as well as the regulations of the related promotional initiative. Promotional initiatives are generally valid for limited periods of time, and may or may not apply to specific Products. Therefore, you are invited to read the relevant regulations to verify the duration and applicability of each promotion.

5.5. In such cases, the user, if the prerequisites are met, may use vouchers, prizes and promotions for the purchase of a Product, by entering the relevant identification code in the dedicated box, before proceeding to checkout. Once entered, the Website will subtract the prize, discount or promotion from the total price, after positive verification of the validity of the promotion and applicability to the Products in the cart. It is not allowed to use multiple promotional codes or to combine multiple promotions, unless otherwise provided by the regulations. The promotional code is not usable after checkout, unless it is applicable for the purchase of a different Product, also included in the promotional initiative, for the relevant validity period.

  1. ORDERS - PRODUCT INFORMATION

6.1 DDN will process the order and ship the purchased Product after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applicable, and any other additional costs, as indicated at checkout (Total Amount Due). If the Total Amount Due is not paid or the payment is not confirmed within 1 day of sending the order confirmation, the purchase contract will be automatically terminated in accordance with Article 1456 of the Italian Civil Code.

6.2 The Products will remain the property of DDN until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to DDN, will be transferred to the user when the user, or a third party designated by the user and different from the carrier, physically takes possession of the Products.

6.3 Each Product is accompanied by a Product Page. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. These images must therefore be understood as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product existing at the time of sending the order shall be binding.

  1. AVAILABILITY OF PRODUCTS

7.1 The Products offered on the Website are in limited quantities. Therefore, it may happen, also due to the possibility that more users purchase the same Product at the same time, that the ordered Product is no longer available after the order has been sent.

7.2 In any case of unavailability of the ordered Product, the order will not be confirmed by DDN and, therefore, it must be considered refused, pursuant to Article 4. If, by mistake, the order confirmation is still sent, the user will be promptly informed by e-mail or phone of the impossibility of processing the order itself. In any case, DDN will refund any amounts that have already been paid without undue delay and within a maximum of 14 working days from the date of collection. This amount will normally be credited to the same payment method used by the user for the purchase or the different means agreed between the user and DDN. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. The user has no right to any further claim, except as provided for by mandatory law.

  1. DELIVERY OF PURCHASED PRODUCTS AND SHIPPING COSTS

8.1 For orders delivered in EU Member States, shipping is free. In the case of shipping to non-EU Countries (extra-CEE shipping), the shipping costs are borne by the user. The amount due by the user in relation to a specific order is expressly and separately indicated during the purchase procedure, in the order summary and, in any case, before the user proceeds to send it, except as indicated in the following points.

8.2 DDN ships orders with "duty and tax paid delivery" (DDP), so all taxes and duties are included for the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom, Switzerland, Australia, New Zealand, Bahrain, Hong Kong, Kuwait, Korea, Qatar, Saudi Arabia, Singapore, United Arab Emirates. The goods will arrive directly at the destination address in these countries, without any additional costs beyond the amount paid at the time of the order.

8.3 Orders to all countries not included in the list referred to in Article 8.2 are sent with "duty and tax unpaid delivery" (DDU), i.e. excluded from any local sales tax or customs duty. Such amounts, which DDN cannot determine in advance, depending on the local authorities of the countries involved in shipping and delivery, are therefore borne by the user. The user who resides in a country not belonging to the EU is invited to check local taxes and duties before placing an order on the Website. Please note that any local sales taxes or customs duties will be charged directly to the user by the courier and/or the local authorities, for each order upon delivery and will not be refunded if the items are returned.

8.4 Orders are shipped via a reliable DDN delivery service. The order, as a rule, is delivered in about 2-7 working days after shipping, from Monday to Friday. This deadline, however, is purely indicative and not binding on the Seller. Any customs procedures and checks, if applicable, may further delay the delivery of the order.

8.5 The user is invited to make sure that the shipping address is correct as the Seller is unable to modify the order information once the items have left the warehouse to be shipped. To ensure the correct processing and shipping of the order, the user is invited to indicate a real address that is duly supervised by people who can receive the goods. DDN does not guarantee the correct processing of the order and the shipment in the event that the user provides a P.O. box, APO/FPO or a shipping intermediary as a delivery address.

8.6 The obligation of delivery is fulfilled by transferring the material availability or control of the Products to the user. It is up to the user to verify the conditions of the Product that has been delivered/collected. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to DDN, is transferred to the user when they, or a third party designated by them and different from the carrier, physically takes possession of the Product; the user is recommended to verify the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and is invited, in their interest, to indicate on the carrier’s transport document any anomalies, accepting the package with RESERVE (e.g. damaged parcel, wet package, non-original tape with DDN brand). In case the package shows evident signs of tampering or alteration, the user is also recommended to promptly communicate it to DDN. In any case, the application of the rules on the right of withdrawal and legal guarantee of conformity remains unaffected.

8.7 Shipments destined for countries within the European Union do not contain an invoice or other documentation (for tax purposes) that declares the value of the goods. All shipments destined for non-EU Countries, as required by customs regulations, are accompanied by an invoice that declares the value of the goods. For further information, the user can contact DDN at the email address: contact@officinecreativeitalia.com.

  1. PAYMENT METHODS

9.1 Payment for the Products can be made by credit/debit card, through third-party payment services (PayPal, Google Pay, Shop Pay, and any other services available on the Website from time to time), as well as with additional methods made available on the Website from time to time. If any of these payment methods/platforms cannot be used for a specific Product, it will be clearly indicated on the Website, no later than the beginning of the purchase process.

9.2 Payment by credit or debit card

9.2.1 Payment for the Products can be made directly through the Website using a credit or debit card.

9.2.2 In order to ensure payment security on the Website and prevent fraud, DDN reserves the right to request the user, via email, to provide a front/back copy of an identification document. If the order's recipient differs from the cardholder, the document of the recipient must also be provided. The document must be valid. The email requesting the document will specify the deadline by which it must be submitted to DDN. The order will be suspended until the requested document is received. The user is required to submit the requested documents within the indicated deadline.

9.2.3 If DDN does not receive the requested documents within the specified deadline mentioned in the email, or if expired or invalid documents are received, DDN may refuse the order or terminate the contract, resulting in a refund of the Total Amount Due, if already paid.

9.2.4 In the event that DDN receives valid documentation within the deadline specified in the email mentioned in Article 9.3.2 above, the delivery terms will start from the date of receipt of such documentation.

9.2.5 The confidential credit card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through DDN's servers. DDN, therefore, never has access to or stores the credit card information used by the user to pay for the Products, except for the cardholder's name.

9.3 Payment through third-party services

9.3.1 Payment for the Products purchased on the Website can be made through third-party payment services available through the Website (e.g., PayPal, Google Pay, Shop Pay). If the user chooses to use these payment methods, they will be redirected to the provider's web pages, and the payment must be made according to the procedures and in compliance with the contractual terms and conditions agreed upon between the user and the third-party payment service provider. The data entered on the provider's platform will be processed directly by the provider and will not be transmitted or shared with DDN. Therefore, the Seller is unable to access or store in any way the user's credit card data or the data of any other payment instrument connected to the account used.

9.3.2 In the case of payment through third-party services, the Total Amount Due will be charged to the user by the service provider at the time of the contract's conclusion through the Website. In the event of the resolution of the purchase contract or any other refund, the refund owed to the user will be made through the same service used for the payment, unless otherwise agreed between the user and DDN. The crediting times to the payment instrument associated with that account depend solely on the payment service provider and the banking system. Once the credit order in favor of the user has been issued, DDN cannot be held responsible for any delays or omissions in crediting the refund amount to the user. For any disputes regarding these matters, the user must directly contact the payment service provider.

9.4 Bank transfer

9.4.1 If the user chooses to pay by bank transfer, the order will be shipped as soon as DDN receives the credited amount related to the order.

  1. RIGHT OF WITHDRAWAL

10.1 The user who qualifies as a consumer has the right to withdraw from the contract concluded with DDN without incurring any costs other than those indicated in this article and without specifying the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period starts:

  • in the case of an order related to a single Product, from the day the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
  • in the case of a Multiple Order with separate deliveries, from the day the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
  • in the case of an order for the delivery of a Product consisting of multiple batches or pieces, from the day the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last batch or piece.

10.2 In order to exercise the right of withdrawal, the user must inform DDN of their decision to withdraw before the expiration of the Withdrawal Period.

10.3 To exercise the right of withdrawal, the user must send a request by sending an email to: contact@officinecreativeitalia.com with an explicit statement of their decision to withdraw from the contract (Withdrawal Statement), or fill out the return form available at the following link: https://www.officinecreative.store/pages/return. In the latter case, DDN will send the user a confirmation of receipt of the withdrawal via email. Since the burden of proving the exercise of the right of withdrawal before the expiration of the Withdrawal Period lies with the user, it is important and in the user's interest to keep a copy of the email sent to DDN with the Withdrawal Statement or the confirmation email sent by DDN.

10.4 The user may request that the return of the Product be handled by DDN, under the following conditions:

  • RETURNS POLICY IN THE EUROPEAN UNION

Returns from European Union member states are free of charge. The requested returns will be collected from the address indicated by the user using a reliable delivery service provided by DDN or by the user delivering the Product to an authorized collection point (the list of collection points will be indicated via email).

  • RETURNS POLICY IN THE UNITED KINGDOM AND SWITZERLAND

For returns from the United Kingdom and Switzerland, the shipping fee is € 20.00, which also includes customs duties (DDP). The requested returns will be collected from the address indicated by the user using a reliable delivery service provided by DDN or by the user delivering the Product to a collection point (the list of collection points will be indicated via email).

  • RETURNS POLICY IN AUSTRALIA AND NEW ZEALAND

For returns from Australia and New Zealand, the shipping fee is € 50.00, which also includes customs duties (DDP). The requested returns will be collected from the address indicated by the user using a reliable delivery service provided by DDN or by the user delivering the Product to a collection point (the list of collection points will be indicated via email).

  • INTERNATIONAL RETURNS FOR ORDERS OUTSIDE THE EUROPEAN UNION

For Extra-EU returns, any customs duties or import taxes will be borne by the user (except for the United Kingdom, New Zealand, Australia, and Switzerland, which are always DDP). DDN will advance the payment of customs duties on behalf of the user, deducting the advanced amounts from the refund of the price. Please note that DDN is unable to predict the value of customs duties in advance, as they are calculated directly by the customs officials of each relevant country.

10.5 Alternatively to what is provided in Article 10.4, the user may choose to use a carrier of their choice, with return costs at their own expense and under their own responsibility. In this case, after exercising the right of withdrawal in accordance with the procedures set out in this article, the user must return the Product to DDN without undue delay and in any case within 14 calendar days from the date they communicated their decision to withdraw to DDN. The deadline is met if the user sends the Product back before the expiration of the 14-day period. The Product, properly protected and packaged, must be sent to the following address:

DDN RETAIL S.R.L.

289/C Via Elpidiense Sud

63812 Montegranaro, FM, Italy;

Tel. 0734 891242;

Email: contact@officinecreativeitalia.com.

10.6 Regardless of the chosen method of return, the user must ensure that the items are securely packaged in the box and that the package is properly sealed. It is the user's responsibility to keep the order confirmation, any messages shared with us via email, and to request proof of shipment from the carrier if chosen by the user.

10.7 If the user withdraws from the contract, DDN will refund the Total Amount Due paid by the user for the Product, excluding any local sales taxes or customs duties, without undue delay and in any case no later than 14 calendar days from the day DDN received the Products subject to withdrawal in the same conditions in which they were sold, or from the demonstration of having returned the goods, in such conditions, if earlier. If the user used a discount code for the purchase of the Product for which they exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user and not with regard to the value of the discount code. The refund will be made using the same means of payment used by the user for the initial transaction, unless otherwise agreed between the parties; in any case, the user will not incur any additional costs as a result of the refund.

10.8 In the case of partial withdrawal, the amount of the delivery costs to be refunded to the user as a result of the withdrawal will be calculated proportionally to the value of the goods subject to withdrawal.

10.9 The user is solely responsible for any decrease in the value of the goods resulting from handling of the Product other than what is necessary to establish its nature, characteristics, and functioning. The Product must still be kept, handled, and inspected with due diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the Product and intact and unaltered, and free from signs of wear or dirt. In particular, the Product to be returned must not be washed, altered, and/or worn (except for trying it on). Labels or tags must remain intact, and the Product must be returned in its original packaging or together with it. Please note that returned items that do not meet these conditions will not be accepted and will be sent back. The right of withdrawal also applies to the Product as a whole. It cannot, therefore, be exercised in relation to parts and/or accessories (that do not constitute autonomous Products) of the Product.

10.10 If the right of withdrawal has not been exercised in accordance with the provisions of applicable law, it will not result in the termination of the contract and, consequently, will not entitle to any refund. DDN will notify the user of this, rejecting the request for withdrawal. If the Product has already been received by DDN, it will remain at DDN's disposal for the user to pick up at the user's expense and under their responsibility.

10.11 If, due to one of the cases provided by law, the right of withdrawal does not apply to specific Products, this exclusion will be expressly communicated on the Product Page and, in any case, during the purchase process, before the user proceeds to submit the order. In any case, the user is reminded that, according to Article 59 of the Codice del Consumo (and similar EU consumer law), the right of withdrawal is excluded, among other things, in the case of sales involving:

(i) Products made to the consumer's specifications or clearly personalized; (ii) sealed Products that are not suitable for return due to reasons of hygiene or health protection and have been opened after delivery.

10.12 DDN accepts returns or refund requests only for items purchased on the Website. DDN reserves the right not to accept unauthorized returns and/or items that do not comply with the return policy indicated in this article. For support or further information on DDN's return policy, the user can send an email to the following address: contact@officinecreativeitalia.com.

  1. MISCELLANEOUS

11.1 For the issuance of the invoice relating to the order, if requested, the information provided by the user will be binding, and the user declares and warrants that such information is true and undertakes to indemnify and hold DDN harmless from any damage, including sanctions imposed by competent authorities, that may arise if the information is not true.

11.2 Photos, texts, descriptions, and all content on the Website are the property of DDN. The complete or partial reproduction of any part of the Website is prohibited; the reproduction of texts or photos for any use and in any form is also prohibited without prior written authorization from DDN.

11.3 DDN is not responsible for any damages suffered by the user or third parties, or to property owned by the user or third parties, resulting from the unlawful, illegitimate, or negligent use of the Product.

  1. LEGAL WARRANTY

12.1 All Products sold on the Website are covered by the legal warranty of conformity provided for by Articles 128-135-septies of Codice del Consumo, or similar applicable EU consumer law ("Legal Warranty").

12.2 The Legal Warranty is reserved for users who qualify as consumers. Therefore, it applies only to users who have made a purchase on the Website for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may engage in. Those who have made a purchase on the Website and do not qualify as consumers will be subject to the warranty for defects in the goods sold and other warranties provided by the Italian Civil Code, with their respective terms, deadlines, and limitations.

12.3 The Seller is responsible towards the consumer for any lack of conformity existing at the time of delivery of the Product and that manifests itself within two years from that delivery. Unless proven otherwise, it is presumed that any lack of conformity that becomes apparent within one year from the delivery of the Product already existed at that time, unless such a presumption is incompatible with the nature of the Product or the nature of the lack of conformity. After one year from the delivery of the Product, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery. Any action by the consumer must be brought within 26 months from the date of delivery of the Product, the limitation period.

12.4 To avail themselves of the Legal Warranty, the user must provide proof of the purchase date and the delivery of the goods. Therefore, it is advisable for the user to retain the order confirmation or purchase invoice, as well as the delivery note or any other document that can prove the date of purchase and delivery (such as the credit card statement or bank statement).

12.5 A lack of conformity occurs when the purchased good:

  • is not suitable for the use for which goods of the same type are normally intended;
  • does not conform to the seller's description and does not possess the qualities of the goods that the seller presented to the consumer as a sample or model;
  • does not have the usual qualities and performance of goods of the same type that the consumer can reasonably expect, considering also any statements made in advertising or labeling;
  • is not suitable for the particular use desired by the consumer and that the consumer made known to the seller at the time of the conclusion of the contract and that the seller accepted.

12.6 Therefore, any malfunctions or defects caused by accidental events, user responsibility, or use of the Product that is not in accordance with its intended purpose and/or the instructions provided in the Product's technical documentation are excluded from the scope of the Legal Warranty.

12.7 In the event of a lack of conformity within the limitation period, the user has the right to:

  • primarily, free repair or replacement of the goods, at their choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other remedy;
  • secondarily (i.e., if repair or replacement is impossible or excessively onerous, or repair or replacement has not been carried out within a reasonable time, or repair or replacement previously carried out has caused significant inconvenience to the consumer), a price reduction or contract termination, at their choice.

The requested remedy is excessively onerous if it imposes unreasonable costs on the seller compared to the alternative remedies that can be pursued, taking into account (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be pursued without significant inconvenience to the consumer.

12.8 If a Product, during the validity period of the Legal Warranty, exhibits what could be a lack of conformity, the user must contact Customer Service at the following email address: contact@officinecreativeitalia.com and provide as much information as possible regarding the problem encountered, the order number, and also attach photos of the item. DDN will assess the problem and promptly respond to the communication of the alleged lack of conformity, indicating the most appropriate solution, taking into account the category of goods to which the Product belongs and/or the reported defect.

12.9 DDN will carry out the necessary checks to ascertain the existence or non-existence of the alleged lack of conformity. If the lack of conformity is found to exist, DDN will proceed with the remedies requested by the user, bearing the related costs. If DDN does not find the lack of conformity, the Legal Warranty cannot be applied, and therefore, the transport costs and any repair or replacement costs will be borne by the user. DDN will inform the user of this circumstance and the potential costs to be incurred for repair or replacement. The user must authorize the repair or replacement at their expense in writing.

12.10 In all cases, the repair or replacement of defective Products, if due, will be carried out as soon as possible and, in any case, within 60 calendar days from the day DDN received the defective Product, except in exceptional cases or force majeure events. If the initially chosen repair or replacement is not carried out within this period, the user may request one of the alternative remedies provided by the Legal Warranty (replacement if repair was requested; repair if replacement was requested; price reduction or contract termination).

12.11 DDN reserves the right to request that the user attach the invoice relating to the order when exercising their right to the Legal Warranty of Conformity.

  1. FORCE MAJEURE

13.1 DDN shall not be liable for total or partial non-compliance with its obligations set forth herein if such non-compliance is caused by unforeseeable events and/or natural events beyond its reasonable control, including, but not limited to, catastrophic natural disasters, acts of terrorism, wars, civil unrest, power outages, general strikes by public and/or private workers, courier and air transport restrictions, epidemics, and pandemics.

  1. APPLICABLE LAW AND JURISDICTION

14.1 The sales contract is deemed to be concluded in Italy and governed by Italian law. Without prejudice to the application of any more favorable and mandatory provisions provided by the law of the country where consumer users habitually reside, in particular regarding the term for exercising the right of withdrawal, the term for returning the Products in case of exercising such right, the methods and formalities for communicating the same, and the legal warranty of conformity.

14.2 DDN informs the user who qualifies as a Consumer that a European platform for online dispute resolution for consumer disputes (the so-called ODR platform) has been established. The ODR platform is accessible at the following address: http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR entities, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved.

In any case, the consumer retains the right to recourse to the competent ordinary judge for disputes arising from these General Terms and Conditions of Sale.

14.3 The user residing in a European Union member state other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European small claims procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute, excluding interests, rights, and costs, does not exceed Euro 2,000. The text of the regulation can be found on the website www.eur-lex.europa.eu.

14.4 Notwithstanding the above, for any dispute arising from or relating to this contract, the following shall have jurisdiction: a) if the user qualifies as a consumer, the court of the place of residence or domicile of the user; b) in any other case, the competent court according to the general Italian trial rules.

  1. CUSTOMER SERVICE AND COMPLAINTS

15.1 It is possible to request information, send communications, seek assistance, or lodge complaints by contacting DDN directly using the following methods:

  • Telephone: +39 3783019909 (Monday to Friday, from 10:00 AM to 12:00 PM / 3:00 PM to 6:00 PM)
  • Sending a request to the following address: contact@officinecreativeitalia.com

15.2 DDN will respond promptly to any complaints submitted.

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