The following are the terms
and conditions under which MDO Didactics of Marco Dell’Olio offers users access
to its services available on the website www.mdo-didactics.com.
To allow a complete
understanding and acceptance of these terms and conditions, the following
terms, singular and plural, will have the meaning indicated below:
- Owner: MDO Didactics di Marco Dell’Olio, with registered office in Via Antonio Gramsci, 36, Cormano (MI) 20032 Italia, Fiscal Code DLLMRC64M05F205N / VAT Number 04285050961, e-mail info@mdo-didactics.com, indirizzo PEC mdo2004@pec.it, phone +39-353.32.44.048;
- Web-site: the website www.mdo-didactics.com, managed by the Owner, which offers an e-commerce platform for the purchase of dental educational models and other accessories related to the odontoiatric activity;
- Products: the products and/or services offered through the Web-site;
- User: the person who accesses the Web-site, without distinction of legal nature and purpose pursued, interested in the Products offered through the Web-site;
- Consumer: natural person acting for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out;
- Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered through the Web-site.
- Stipulation, conclusion and effectiveness of the Conditions
The contract for the
purchase of the Products is concluded by completing and sending the order form.
This form contains the ordering and order details, the price of the purchased
Product, any additional accessory charges, the methods and terms of payment,
the address where the Product will be delivered, the time of delivery and the
existence of the right of withdrawal as well as consent to the processing of
personal data.
When the Owner receives the
order from the User, he sends a confirmation e-mail or a printable confirmation
web page and order summary, in which the data referred to in the order will
also be displayed. previous point.
The Conditions are not
considered effective between the parties in default of what is indicated in the
previous point.
The Owner may modify or simply
update these Conditions in whole or in part. The User acknowledges and agrees
that any changes to these Terms will apply to orders sent by Users after the
date of notification of modification of the Conditions. The User is therefore
invited to view the Conditions at each access to the Web-site and it is
advisable to print a copy for future reference..
In order to use certain
features of the Web-site, Users must register by providing, truthfully and
completely, all the data requested in the relevant registration form and accept
the privacy policy in full (https://www.mdo-didactics.com/privacy-policy/)
and these Conditions. The User has the responsibility to keep his / her login
credentials.
It is understood that in no
case will the Owner be held responsible in the event of loss, distribution,
theft or unauthorized use by third parties, for whatever reason, of the Users’ access
credentials.
- Account cancellation and closure
Registered Users can
stop using the Products at any time and deactivate their accounts or request
deletion through the Web-site interface, if possible, or by sending a written
notice to info@mdo-didactics.com,
or by calling Customer Service at + 39-353.32.44.048.
The Owner, in the event of a
violation by the User of these Conditions or of the applicable legal
provisions, reserves the right to suspend or terminate the User’s account at
any time and without notice.
- Purchases on the Web-site
The purchase of one or more
Products through the Web-site is allowed both to Users who are Consumers and to
Users who do not have this quality.
According to the art. 3,
I paragraph, lett. a) of Legislative Decree 206/2005 (“Consumer Code“)
we remind you that natural persons who, in relation to the purchase of the
Products, act for purposes unrelated to any business, commercial, professional
or artisanal activity carried out.
The purchase of natural
persons is only permitted on the condition that they have reached the age of
eighteen.
The Owner undertakes to
describe and present the Products sold on the Web-site in the best possible
way. Nevertheless, some errors, inaccuracies or small differences between the
Web-site and the actual Product may emerge. Furthermore, any photographs of the
Products on the Web-site do not constitute a contractual element, as they are
only representative.
The User expressly assigns to
the Owner the right to accept only partially the order placed (for example in
the case in which there is not the availability of all the ordered Products).
In this case the contract will be deemed finalized in relation to the Products
actually sold.
The Owner reserves the
right to refuse an order:
- when the Product is not available;
- when the authorization to charge the cost of the Product to the User is denied;
- when, at the time of purchase, a price that is obviously incorrect and recognizable as such is indicated. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
The Owner reserves the
right to modify, at any time, the price of the Products and any shipping costs
thereof. It is understood that any changes will not in any case affect the
contracts already concluded before the change.
The sales prices of the
Products are inclusive of VAT, if due; any other tax and/or shipping costs to
be borne by the User will be indicated before confirmation of the purchase.
The User undertakes to
pay the price of the Product purchased according to the times and methods
indicated on the Website.
Any refund to the User will be
promptly credited by one of the methods proposed by the Owner and chosen by the
User and, in the case of exercise of the right of withdrawal, at the latest
within 30 days from the date on which the Owner became aware of the withdrawal
itself..
All communications relating to
payments are made using a connection protected by an adequate encryption
system. The Owner guarantees the storage of this information with an additional
level of security encryption and in compliance with the provisions of current
legislation on the protection of personal data.
The user who wishes to
receive the invoice will be asked for the billing information. For the issuance
of the invoice, the information provided by the User which he declares and
guarantees will be true, releasing to the Holder any wider indemnity in this
regard will prevail.
- Method of delivery of material products
Material Product means any
movable or digital asset provided on a material support offered through the
Web-site.
The ordered material Products
will be delivered to the User, at the address indicated by him, in the manner
chosen by the User or indicated on the Website at the time of purchase.
Delivery will take place within the terms indicated in the order confirmation.
Upon receipt, the User is
required to verify the conformity of the Product delivered with the order
placed; only after such verification will it be necessary to proceed with the
signing of the delivery documents, without prejudice to the right of withdrawal.
If an order exceeds the
quantity existing in the warehouse, the Owner, by e-mail, will inform the User
if the Product is no longer bookable or what are the waiting times to obtain
it, asking if it intends to confirm the order or not.
The Owner assumes no
responsibility for the delay or failure to deliver the Product due to force
majeure such as accidents, explosions, fires, strikes and/or lockouts,
earthquakes, floods and other similar events that prevent, in whole or in part,
to execute on time.
The Owner will not be liable
to any party or third party for damages, losses and costs incurred as a result
of the failure to execute the contract for the reasons mentioned above, as the
User is only entitled to a refund of the price eventually paid.
- Right of withdrawal of Material Products
The User who plays the role of
consumer and who for any reason is not satisfied with the purchase of material
Products has the right to withdraw from the stipulated contract, without any
penalty and without specifying the reason within the term of 14 days from
Product delivery date.
It is understood that the
right of withdrawal referred to in the previous paragraph is excluded in the
following cases: supply of made-to-measure or clearly personalized products;
In order to withdraw
from the contract, the User must contact the Owner at the e-mail address info@mdo-didactics.com or call
Customer Service at + 39-353.32.44.048. The User will be informed of the
procedures concerning the return of the Product. The sending of the
communication can validly be replaced by the return of the purchased Product,
as long as in the same terms. The date of delivery to the post office or to the
forwarder will prevail between the parties.
In case of withdrawal, the Owner
will reimburse the payments received by the User as well as delivery costs
without undue delay and, in any case, no later than 30 days from the day in
which the User has informed the Owner that he wishes to withdraw from the
contract.
The Owner will reimburse the
User in the same payment methods used by the User for the online purchase.
The User must return the
Products at his own expense, unless the Supplier accepts to accept them,
without undue delay and in any case within the period of 14 days from the date
on which he communicated to the Owner his decision to withdraw.
The User is responsible for
the integrity of the Product as long as the same good is in his possession and
must take all appropriate measures to preserve the Product and do everything
possible so that the Product is returned in the best possible condition,
including the undamaged original packaging, instruction manuals, accessories,
separate items and any other component. The Product must not have been subject
to manipulation other than that necessary to establish the nature,
characteristics and functioning of the Product.
The Owner will not consider
requests for returns in the event that the returned Product is malfunctioning
due to improper use, negligence, physical, aesthetic or superficial damage or
alteration, tampering or improper maintenance or wear and tear.
- Optional form to exercise the right of withdrawal
Optionally, the User can
withdraw by using the following form, which must be completed in its entirety
and sent to the e-mail address info@mdo-didactics.com,
before the expiry of the withdrawal period:
With this form I communicate
the withdrawal from the sales contract relating to the following goods/services:
__________
Order number: _______
Ordere Date: _______
Name and Surname: _______
Address: ______
E-mail associated with the
account from which the order was made: ____________________
Data: __________
All Products that fall into
the category of “consumer goods”, as governed by art. 128, 2nd
paragraph of the Consumer Code, sold through the Web-site are covered by the
legal guarantee of conformity provided for by the art. 128-135 of the Consumer
Code.
The legal guarantee of
conformity is reserved for Consumers. Therefore, it finds Web-site, only to
Users who have made the purchase through the Web-site for purposes unrelated to
entrepreneurial, commercial, craft or professional activity.
Those who have purchased on
the Web-site and who do not have the status of Consumers will be guaranteed for
the defects of the thing sold, the guarantee for defects of promised and
essential quality and the other guarantees provided for by the civil code with
the relative terms , forfeitures and limitations (artt.1490 and ss. cc).
The lack of conformity that
occurs within 24 months from the date of purchase of the Product must be
reported within 2 months following the date of discovery of the defect.
Unless proven otherwise, it is
assumed that the lack of conformity that occurs within six months of delivery
of the Product already existed on that date, unless this hypothesis is
incompatible with the nature of the Product or with the nature of the lack of
conformity. After six months, the User must provide proof that the damage was
not caused by incorrect or improper use of the Product.
According to the art. 130 of
the Consumer Code, in case of lack of conformity of the Product, the User has
the right to restore conformity of the Product, without charge. To this end,
the User can normally choose between repairing the Product or replacing it.
This right of choice cannot be exercised if the requested remedy is objectively
impossible or excessively expensive. Furthermore, the User has the right to an
adequate price reduction or termination of the contract, only if one of the
following situations occurs: i) the repair and replacement are impossible or
excessively expensive; ii) the Owner has not repaired or replaced within a
reasonable period; iii) the replacement or repair has caused considerable
inconvenience to the consumer.
If the User intends to
make use of the remedies provided by the legal guarantee accompanying the
Products, he must contact the Owner at the e-mail address info@mdo-didactics.com or call
Customer Service at + 39-353.32.44.048. The Owner will promptly reply to the
communication of the alleged lack of conformity and will indicate to the User
the specific procedure to be followed, also taking into account the product
category to which the Product belongs and / or the defect reported.
The User can upload
material, contents, information, announcements or advertisements (hereinafter
the “Contents” or individually the “Content“)
on the Web-site, provided that the Content is not illicit (or obscene,
intimidating, defamatory, pornographic, abusive, or for any unlawful title, or
violates the privacy, intellectual and / or industrial property rights of the
Data Controller and / or third parties) or is otherwise not harmful to the
Owner and / or third parties or regrettable and does not contain viruses ,
political propaganda, commercial solicitation, mass e-mail or any other form of
spamming.
The User is totally and
exclusively responsible for the use of the Web-site (to be understood with
regard to the functions of publication, consultation, management of Content and
contact between Users) and is therefore the sole guarantor and responsible for
the assets and the services offered as well as the correctness, completeness
and lawfulness of the Contents and of their behavior in the context of the
contact between Users.
In the case of publication of
announcements, the User guarantees the availability and / or ownership of the
good / service covered by the advertisements themselves. The User also
guarantees that their ads do not infringe any copyright or industrial property
right or any other right of third parties. In the event of a dispute by a third
party regarding any announcement or conduct linked to it, the User assumes full
responsibility and undertakes to hold the Holder harmless and harmless from any
damage, loss or expense.
The Data Controller, while not
being able to ensure timely control over the Contents received, reserves the
right to cancel, move, modify those which, at its discretion, appear to be
illegal, abusive, defamatory, obscene or harmful to copyright and trademarks or
in any case unacceptable. The use of violent language will be grounds for
immediate suspension and expulsion from the Web-site.
It is forbidden to use an
e-mail address that is not owned by the User, to use the personal data and
credentials of another User in order to appropriate his identity, or in any
other way to declare false information about the origin of the Contents.
The User acknowledges and
agrees that the Content sent to interact with the Web-site (by way of example
but not limited to sending comments, expressing opinions, participating in
surveys and initiatives, sending images or video and audio files) may be
modified, removed or published by the Owner. The User grants the Owner an
unrestricted right of non-exclusive use on the Content sent by the User,
without geographical limitations. The Data Controller may therefore, directly
or through trusted third parties, use, modify, copy, transmit, extract,
publish, distribute, publicly perform, disseminate, create derivative works,
host, index, store, note, encode, modify and adapt ( including without
limitation the right to adapt for transmission in any form of communication) in
any form or with any instrument currently known or to be invented in the
future, any Content (including images, messages, including audio and video),
which should be sent by the User, also through third parties.
It is expressly prohibited,
unless explicitly authorized by the Owner:
- the use of automatic ad loading systems, except those expressly authorized;
- serial publication and/or management of advertisements for third parties by any means or method;
- resell the owner’s services to third parties.
In relation to the Content
sent, the User therefore renounces any material and moral rights he can claim
as an author even with respect to the changes made by the Data Controller to
such Content and in the event that the modifications are not appreciated or
accepted by the author himself.
The Content sent will not be
returned and will remain the property of the Owner who is therefore exempted
from any liability towards Users for the loss, modification or destruction of
the transmitted Content.
The User also guarantees that
the Contents are sent to the Web-site through his account by over-age. For
minors, the sending of Contents must be examined and authorized by the parent’s
authority.
- Industrial and Intellectual Property Rights
The Data Controller declares
to be the owner and/or licensee of all intellectual property rights relating to
and / or relating to the Website and/or the materials and content available on
the Website.
These Conditions do not grant
the User any license for use relating to the Website and/or to individual
Contents and/or materials available therein, unless otherwise regulated.
All trademarks, figurative or
nominative and all other signs, commercial names, service marks, word marks,
commercial names, illustrations, images, logos that appear on the Web-site are
and remain the property of the Owner or its licensees and they are protected by
the laws in force on the trademarks and by the relative international treaties.
Any reproductions in any form of
explanatory texts and Web-site contents, if not authorized, will be considered
violations of the intellectual and industrial property right of the Owner.
The Web-site is provided
“as is” and “as available” and the Data Controller does not
provide any explicit or implicit guarantee in relation to the Web-site, nor
does it provide any guarantee that the Web-site will satisfy the needs of Users
or that will never have interruptions or will be free of errors or that will be
free of viruses or bugs.
The Owner will work to ensure
that the Web-site is available 24 hours a day uninterruptedly, but cannot in
any way be held responsible if, for any reason, the Web-site is not accessible
and / or operational at any time or for any period. Access to the Web-site may
be suspended temporarily and without prior notice in the event of system
failure, maintenance, repairs or for reasons wholly unrelated to the owner’s
will or due to force majeure events.
The Owner cannot be held
responsible to the User, except in the case of willful misconduct or gross
negligence, for disservices or malfunctions connected to the use of the
internet outside of his own control or that of his sub-suppliers.
The Owner will also not be liable
for damages, losses and costs incurred by the User as a result of the failure
to execute the contract for reasons not attributable to him, as the User is
only entitled to a full refund of the price paid and any additional charges
incurred.
The Owner assumes no
responsibility for any fraudulent or illegal use that may be made by third
parties, credit cards, checks and other means of payment, upon payment of the
services purchased, if he proves to have adopted all the possible precautions
based on the best science and experience of the moment and based on ordinary
diligence.
The User undertakes to
indemnify and hold harmless the Owner (as well as any company controlled or
affiliated by the same, its representatives, collaborators, consultants,
administrators, agents, licensees, partners and employees), from any obligation
or liability, including the any legal costs incurred to defend themselves in
court, which may arise in the event of damage caused to other Users or third
parties, in relation to the Uploaded Content or the violation of the terms of
the law or the terms of these Conditions.
Therefore, the Owner
will not be responsible for:
- any losses that are not a direct result of the breach of contract by the Owner;
- any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenue, revenue, profits or alleged savings, loss of contracts or business relationships, loss of reputation or goodwill value, etc.);
- incorrect or unsuitable use of the Web-site by Users or third parties;
- the issue of incorrect tax documents due to errors in the data provided by the User, the latter being the only person responsible for the correct insertion.
In no case will the Owner be
held responsible for a sum greater than twice the cost paid by the User.
The Data Controller cannot be
held responsible for the failure or late fulfillment of its obligations, due to
circumstances beyond the reasonable control of the Data Controller due to
events of force majeure or, in any case, to unforeseen and unforeseeable events
and, in any case, independent of will such , by way of example and not limited
to, failures or interruptions to telephone or electrical lines, to the internet
and/or to other transmission tools, unavailability of websites, strikes,
natural events, viruses and cyber attacks, interruptions in the supply of
third-party products, services or applications.
The fulfillment of the
obligations by the Owner will be considered suspended for the period in which
events of force majeure occur.
The Holder will perform any
act in his power in order to identify solutions that allow the proper
fulfillment of his obligations despite the persistence of events major force.
- Connection to third party sites
The website may contain links
to third-party sites. The Owner has no control over them and, therefore, is in
no way responsible for the contents of these sites.
Some of these links may link
to third-party sites that provide services through the Web-site. In these
cases, the general conditions for the use of the site and for the use of the
service prepared by the third parties will be applied to the individual
services, with respect to which the Owner assumes no responsibility.
No waiver by either party of
an article of these Terms will be effective unless it is expressly declared to
be a waiver and is communicated in writing.
- Invalidity of single clauses
If any provision of these
Conditions is illegal or invalid, it will not be considered as part of the
Conditions and this will not affect the remaining provisions that will continue
to be valid to the maximum extent permitted by law.
The protection and
processing of personal data will take place in accordance with the Privacy
Policy, which can be consulted on the page https://www.mdo-didactics.com/privacy-policy/
- Applicable Law and Competent Court
These Conditions and all
disputes regarding execution, interpretation and validity are subject to
Italian law and to the exclusive jurisdiction of the court of the place where
the Owner is based.
If the User is a consumer
pursuant to Article 3 of the Consumer Code, the mandatory territorial
jurisdiction is the judge of the place of residence or domicile of the
consumer, if located in the territory of the Italian State, except for the
right of the User -consumer to appeal to a different judge from that of the
“forum of the consumer” ex art. 66 bis of the Consumer Code,
competent for the territory according to one of the criteria of the articles
18, 19 and 20 of the civil procedural code.
- Online Dispute Resolution for Consumers
The European resident
Consumer must be aware of the fact that the European Commission has established
an online platform that provides an alternative dispute resolution tool. This
tool can be used by the Consumer to resolve non-judicially any dispute relating
to and/or arising from contracts for the sale of goods and services stipulated
on the network. Consequently, the Consumer can use this platform to resolve any
dispute arising from the online contract entered into with the Owner. The
platform is available at the following address: http://ec.europa.eu/consumers/odr/
Updated
03/06/2019
