Legal aspects

Legal notice

01

SAFETY

The Registered Customer is responsible for the conservation and appropriate use of all e-mails, user names, nicknames and passwords used to connect to the Site and must take all necessary measures to ensure that they are used properly and that user names and passwords are kept secret and not disclosed to any unauthorized person.
The Registered Customer is responsible for any activity that is performed through his own account and is liable for damages resulting from the improper use of his access data by third parties.
The Registered Customer must immediately inform Novezeri srl if there are reasons to believe that a user name (i.e. e-mail address) or password have, or are likely to have, been known by someone not authorized to use them or are likely to be used in a not allowed.
If a Registered Customer forgets or loses the user name, he must contact Novezeri srl and carry out the security checks required by Novezeri srl…
Novezeri srl reserves the right to suspend user name (or e-mail), nickname and password for access to the Site, if it deems that there is – or is likely to be – a security problem or unauthorized use of the themselves.
The Registered Customer is responsible for the truthfulness of the information and personal data provided upon registration. The Registered Customer must immediately inform Novezeri srl of any change in the information and personal data provided upon registration or directly update them, if possible, so that such information and personal data are constantly current, accurate, complete and truthful. . In the event that false, inaccurate or incomplete information or personal data are provided, or Novezeri srl has a well-founded suspicion that they have been provided, Novezeri srl will have the right to prevent the use of the Site by the Registered Customer.

USE OF THE SITE

The Site, Products, Services and features made available or purchased through the Site are provided solely for the Customer's personal use. The Customer may not resell or attempt to resell Products, Services, Contents or functions made available or purchased through the Site to any third party, nor use the Site for the purpose of carrying out business activities or in any case for professional or commercial purposes, including the advertising, promotion, placement or any other form of marketing of Products, Services or Contents made available through the Site, without the prior written consent of Novezeri srl.
The Customer must not copy, modify, transmit and externally distribute, display in public, download, print or publish any part of the Site or the Contents for commercial purposes. The Site may only be used for the Client's personal purposes and in accordance with this Agreement.
The User may not in any way modify or vary the editing, graphics, lay-out or "look and feel" of any web page within the Site, it being understood that these will be defined by Novezeri srl or on behalf of Novezeri srl at its sole discretion. Novezeri srl will have the right to insert its own brand, trade name, logo, ideogram, or other distinctive sign of Novezeri srl or third parties as well as to insert advertising banners, hyperlinks or other forms of advertising at its total discretion within each page web within the Site.
The Customer must not exploit or use the Site, or any Content, in such a way as to cause detriment to Novezeri srl or third parties. In particular, the Customer has the obligation to refrain from using the Site or the Contents to carry out activities in competition, or in any case in such a way as to cause damage or prejudice to the interests, including economic ones, or to the image of Novezeri srl, of other Customers or third parties.
The User is solely responsible for evaluating any Product or Service on the Site.
Novezeri srl assumes no responsibility for any personal data or information or other content that may be sent, disseminated, uploaded or downloaded by the Customer or any third party through the Site. In the event that the Site allows the Customer to formulate comments or opinions in regarding Products, Services or functions made available through the Site, the Customer undertakes to ensure that said comments or opinions refer specifically to the activity of the economic operator being commented on and refer to specific and detailed facts. Without prejudice to the foregoing, Novezeri srl reserves the right not to disseminate, remove from the Site or modify without the need for any prior notice, any content made available by the Customer of which it has become aware, as well as any other content published by third parties which constitutes or may constitute a violation of this Contract, of mandatory legal provisions or of third party rights or in cases where Novezeri srl believes in good faith that such information or contents constitute a violation of this Contract or of the law.
The Customer must hold harmless from any claim or legal action initiated or threatened against Novezeri srl by third parties as a result of the fact that the Site or its functions are used by the Customer in violation of this article as well as in violation of any other provision of this Agreement.

INTELLECTUAL PROPERTY

The intellectual property rights relating to the Site, the Dudùu Brand or the Content are and remain the exclusive property of Novezeri srl or its licensors.
The Customer is expressly prohibited from copying, modifying, creating works or works derived from or based on the Site, the Content, the Trademark or the software.
It is expressly forbidden for the Customer to download, copy, reproduce, duplicate or in any case use or disseminate the Dudùu brand or any brand, trade name, logo, ideogram, or other distinctive sign relating to Novezeri srl or its products.

Terms of Sale

02

ARTICLE 1 – DEFINITIONS, SCOPE AND APPLICABLE LAW

  • 1.1 Definitions

In these general conditions of sale:

"Customer" means any person, whether or not he has completed the registration procedure, who purchases one or more products through the Site, whether he is a consumer ("Consumer Customer") or professional ("Professional Customer").

"Dudùu" means the online sales shop, published on the website www.duduu.eu, called "Dudùu" and managed by Novezeri srl with registered office in Carinaro (CE), via Fratelli Kennedy 4, share capital of Euro 10,000 ,00 (ten thousand/00) iv, registered in the Caserta Register of Companies, registration number, Tax Code and VAT no. 03517710616. Email: info@novezeri.it

“Site” means, the Internet site www.duduu.eu.

1.2 Seller and legislation applicable to this sales contract

Novezeri srl will act as the seller of all the products and services that the Customer chooses to purchase through the Site and to receive at his home address. The buying and selling of products and the supply of Services purchased through the Site is governed by these general conditions as well as, as applicable, by the provisions of the Consumer Code and Legislative Decree no. 70/2003 and by the provisions of the civil code, for what is not foreseen here.

ARTICLE 2 - PURCHASE ORDER, CONCLUSION OF THE CONTRACT, ORDER STATUS

2.1 Offer of products and services on the Site

The offer of products that can be purchased through the Site constitutes an invitation to offer and the order sent by the Customer through the Site will be valid as a contractual purchase proposal, subject to confirmation and/or acceptance by Dudùu as described below.

The characteristics of the products and services offered on the Site are described in the specific information sheets published on the Site. We invite you to read them carefully and understand that some products, even if present on the Site, may not always or immediately be available. In the information sheet of each product it is clearly indicated whether the product you have selected is:

– “available”: means that the product is physically present in the Novezeri srl central warehouse.

In this case, the Customer can immediately proceed with the purchase of the relative product by sending the purchase proposal, according to the methods indicated on the Site.

– “available while stocks last”: means that the product is not physically present in the Novezeri srl central warehouse. In this case, the order sent by the customer can only be accepted after the positive outcome of the product availability check, which Novezeri srl will communicate to the customer by e-mail within 4 working days of receiving the purchase proposal. In case of no response from the customer, the order will be considered automatically canceled and the customer will receive a full refund of any price anticipated according to the chosen payment method.

2.2  Confirmation of receipt of the order and relative acceptance

After sending the purchase proposal, the Customer will immediately receive an e-mail containing the confirmation of receipt from Dudùu and the identification number assigned to the purchase proposal.

In the case of "available" products, the Customer's purchase proposal will be considered immediately accepted by Novezeri srl Therefore, the e-mail confirming receipt will also be valid as confirmation of acceptance. Dudùu will proceed directly to the shipment of the products purchased by the Customer in the times and in the ways indicated in these general conditions.

In the case of products "available while stocks last", Novezeri srl will send the Customer a second e-mail with the result of the availability check within 4 days following receipt of the purchase proposal.

It is specified that in the case of a mixed order, i.e. containing both "available" products and products "available while stocks last" (hereinafter "Mixed Order"), the entire order will remain suspended until the positive outcome of the verification of the availability of the products indicated in the relative information sheet as "available while stocks last".

2.3 Positive outcome of the availability check and conclusion of the contract

Upon successful verification of the availability of the product, the Customer will receive an e-mail from Dudùu with which the latter will inform the Customer that the products are available and the purchase proposal will be considered accepted at that point.

2.4 Failure of the availability check

In the event of a negative outcome of the check regarding the availability of the product, the customer will receive an e-mail from Novezeri srl with which the latter will inform the Customer that the Products are not available and that the purchase proposal cannot therefore be accepted. In this case, the customer will immediately receive a full refund of the price possibly advanced according to the chosen payment method.

In the case of a Mixed Order, the Customer can choose whether to proceed with the purchase of the Product(s) available, or whether to cancel the entire order. In the absence of instructions from the Customer, Novezeri srl will proceed with the cancellation of the entire order and will send an immediate refund request for any amount anticipated by the Customer through the payment circuit used by the Customer when sending the order.

2.5 Order status updates

In addition to the updates that will be sent by Dudùu via e-mail, the Customer will be able to check the status of his order at any time also in the appropriate dedicated section of the Site.

ARTICLE 3 – PRICES AND PRODUCT CHARACTERISTICS

3.1 Products on offer

Any purchase by the Customer of products published in the specific "offer" section or expressly indicated as "limited offer" (or synonyms) is subject to a daily purchase limit of only one item for each Customer per day.

For some particular promotions, please refer to the relative regulation shown on the Site.

3.2 Prices

The prices of the products offered on the Site do not include VAT, and do not include any transport costs and/or other additional services that may be requested by the Customer.

The price of the services and products illustrated on the Site in the relative technical data sheets is the one in effect at the time the Customer sends the purchase proposal, as viewable by the Customer on the Site at the time of choosing the product as well as within the proposal itself.

Without prejudice to all the foregoing, Dudùu reserves the right to modify at any time, at its sole discretion and without notice, the price of the products and services present on the Site from time to time, without therefore providing any guarantee as to the fact that the sale price of the products or services remains available on the Site or unchanged for a certain period of time.

3.3 Description of the Products

The technical data sheets of the products on the Site, containing the description of the functions and characteristics of each product, are drawn up directly by the manufacturer of each product concerned.

Dudùu assumes no responsibility for any errors in the technical data sheets and/or inaccuracies and/or for defects in correspondence between the product descriptions and the actual functions and characteristics of the products themselves; the images and photos used to accompany each product description sheet are merely indicative and may not be perfectly representative of the characteristics of the product itself, as this could differ in colour, size or accessories not present in the image and in the photos used as an accompaniment.

ARTICLE 4 - PAYMENT

4.1 Accepted Payment Methods

The products purchased by the Customer through the Site can be paid alternatively, with:

  • Credit card
  • paypal,
  • Wire transfer

(1) Credit card

In the event that the payment method chosen by the Customer is the charge on the credit card, at the moment of the conclusion of the order no charge will be made, but only the release of an authorization for the amount necessary for the purchase . The actual charge will only take place upon shipment of the product(s).

At no time during the payment procedure, Dudùu is able to know the information relating to the credit card, the credit card number or the customer's financial, patrimonial and personal information. The payment order is, in fact, transmitted - via a secure connection - directly to the portal of the bank or financial company expressly indicated, at the time of the Customer's confirmation.

Dudùu is in no case responsible and cannot be held responsible for any fraudulent or illegal use of credit cards that may be made by third parties during the product purchase and payment procedure.

Dudùu reserves the right not to accept a purchase proposal or to suspend the execution of proposals that have already been confirmed in the event of anomalies or irregularities in the payment. In this case, Dudùu reserves the right to ask the customer for additional information and/or for the sending of copies of documents proving ownership of the credit card used for the purchase. In the absence of the required documentation, Dudùu reserves the right not to accept the purchase proposal or to terminate any contract already concluded, without this giving the Customer any right to request compensation for damages or to assert other claims.

(2) Paypal

If the Customer has chosen to purchase through the PayPal payment method, at the conclusion of the order the Customer will be directed to the PayPal login page and the payment will be managed according to the rules governing the account held by the Customer directly with PayPal. In this case, therefore, the amount for the purchase of the product will be debited immediately upon sending the order by the Customer according to the conditions applied by PayPal itself.

(3) Bank Transfer

Transfer, enter only the order number in the reason for the transfer (No commission costs)
Coordinates for bank transfer made out to:
Novezeri srl – Bank of the South
IBAN: IT 41 B 03353149 0000000000 7137
BIC CODE (payment from abroad): SUDNITN1011 (for this type of payment it takes about 3-5 working days to verify the credit).

4.2 Payment security

In the case of payments made online, the data provided by the Customer is transmitted in secure ways that prevent others from reading it.

In addition to the foregoing, the application software used to manage the Site is the SSL (Secure Socket Layer) protocol, to encrypt data sent over the Internet and VerifiedByVISA and SecureCard for transaction security.

To ensure you have a secure connection, you must use a browser such as Internet Explorer (5.x and later), Netscape Navigator (4.x and later), Mozilla Firefox (1.x and later), Opera, Safari or Chrome capable of transmit encrypted data through the Dudùu server.

To find out if you are in a secure connection, simply check that there is the prefix "https" instead of "http" in the page address, and that the padlock image visible in the bottom bar of the browser is "closed" .

ARTICLE 5 ¬– DELIVERY OF PRODUCTS PURCHASED THROUGH THE SITE

5.1 Place of delivery

Dudùu will deliver the products to the address indicated by the Customer in the purchase order.

5.2  Delivery times and stock

The Products indicated as "available" will be delivered within the deadline indicated in the relevant product sheet and/or in the purchase proposal acceptance confirmation e-mail, and in any case no later than 10 (ten) working days from the sending of the order. e-mail confirming acceptance of the purchase offer.

As a partial exception to the foregoing, if the Customer, together with the purchase of products, has also requested the supply of installation services and the collection of used waste (WEEE), the products will be delivered within 15 (fifteen) working days from sending the order confirmation email.

For products indicated as "available while stocks last", as in the case of Mixed Orders, the approximate home delivery time will be that indicated in the e-mail accepting the offer to purchase the products indicated as "available while stocks last". stocks". In any case, pursuant to art. 61, paragraph 1 of the Consumer Code, Dudùu will make the delivery within and no later than the term of thirty days starting from the day following the day in which the Customer sent the purchase proposal to Novezeri srl

In the event that the products cannot be delivered within the terms indicated in the preceding paragraphs, Dudùu will contact the customer within 2 (two) working days of the expiry of the indicated term, providing information on the status of the shipment, without prejudice to the Customer's right obtaining the refund and the further remedies provided for by art. 61, paragraphs 3-7 of the Consumer Code.

In case of purchase of multiple products of different types, Dudùu reserves the right to deliver the individual products with different times and deliveries. This choice by Dudùu will not entail any additional costs for the Customer.

5.3 Verification of the products by the Customer

The customer is required to verify, upon receipt of the ordered products:

(a) if the number of packages delivered corresponds to that indicated on the transport document;

(b) if the packaging is intact;

(c) if the delivered product complies with your purchase order.

The customer must sign the delivery note indicating "subject to checking the integrity of the products"; if this does not happen, the customer will not be able to subsequently contest the external non-compliance of the Product and its quantity with respect to what was ordered.

5.5  Invoice

The invoice relating to the products (and related services) purchased through the Site will be issued at the time of shipment and will be made available to the Customer directly online. Registered customers will be able to download it from the "My orders" tab of their account dashboard, while guest customers will be able to download it by entering the order number and their e-mail address in the appropriate section called 'order status'.

For orders involving multiple products, separate invoices may be issued based on the shipments made.

The invoice relating to products booked through the Site but collected and purchased by the user at a Point of Sale will instead be issued by the seller at the time of purchase and will be delivered to the customer directly at the Point of Sale itself.

5.6 Shipping fees

An amount by way of shipping costs may be added to the price of the product purchased by the Customer through the Site. This amount is calculated automatically by the Dudùu system, taking into account, among others, the weight and dimensions of the products, but without distinctions related to the place of delivery in Italy. This amount will be indicated in the purchase order before it is sent by the customer.

5.8 Non-availability of a product

Dudùu undertakes to do everything possible for the satisfaction of its Customers and for a rapid and efficient processing of orders sent through the Site. However, it may exceptionally happen that a product indicated as "available" and for which the Customer has paid time of sending the order, is no longer available at the time of acceptance of the purchase proposal by Dudùu. In this case Dudùu will immediately notify the Customer via e-mail. Against this disservice, and in addition to the legal remedies, the Customer will also receive a coupon from Dudùu. In this case, the determination of the value of the coupon and/or the product categories for which it is valid will be evaluated by Dudùu in relation to the circumstances of the individual purchase.  The same procedure will also apply to Mixed Orders and to orders relating to products "available while stocks last", for which the Customer has made the payment once he has received acceptance of the purchase proposal from Dudùu, in the event it appears that one or more products covered by the order have become unavailable.

ARTICLE 6 - LEGAL GUARANTEE OF CONFORMITY

All products purchased through the Site enjoy the legal guarantee of conformity pursuant to the Consumer Code and the Civil Code, as applicable.

6.1 Professional Client

The products purchased by a Professional Customer (i.e. a natural or legal person who acts in the exercise of his business, commercial, craft or professional activity, or his intermediary) are covered by the guarantee for defects pursuant to art. 1490 et seq. cc; the action of the Professional Customer aimed at asserting the guarantee for defects is prescribed after 1 (one) year from the delivery of the purchased product and the relative defects must be reported within the terms of art. 1495 of the civil code

 

6.2 Consumer Client

The products purchased by a Consumer Customer instead benefit - free of charge - from the legal guarantee of conformity ("Legal Guarantee") provided for by articles 128 et seq. of the Consumer Code.

The seller's legal guarantee applies to lack of conformity which occurs within 24 months from the date of delivery of the product and which is reported by the consumer within 2 months following the date of discovery of the defects themselves, in accordance with art. 132 of the Consumer Code.

It should be noted that a lack of conformity exists when one of the following situations occurs: (i) the product is not suitable for the use for which it must normally serve; (ii) does not conform to the description or does not possess the qualities promised by the seller; (iii) does not offer the usual qualities and performance of goods of the same type; (iv) is not suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller.

The Consumer Customer will in any case remain the owner of the rights deriving from the Legal Guarantee described above, regardless of the signing of other guarantees of a conventional type, free or for a fee.

6.3 Remedies available to the Consumer Customer

In the event of the existence of a lack of conformity, the Consumer Customer may request, at his choice, the repair of the product or its replacement, unless the remedy requested is objectively impossible or excessively onerous compared to the other according to the provisions of art. . 130 paragraph 4 of the Consumer Code.

In particular, a remedy is to be considered excessively onerous if it imposes unreasonable expenses on the seller compared to the other, 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) of the possibility that the alternative remedy can be carried out without significant inconvenience for the Consumer Customer.

Dudùu, in order to make the after-sales assistance service of a high level and absolutely transparent, undertakes, on a voluntary basis, to have the defective product repaired or replaced within 40 (forty) days from the request for assistance under warranty. Alternatively, the Consumer Customer may request, at his choice, an appropriate reduction in the price or termination of the contract, where one of the following situations occurs: (i) the repair or replacement is impossible or excessively expensive; (ii) Dudùu has not repaired or replaced the Product within the term of 40 (forty) days; (iii) the replacement or repair previously carried out has caused significant inconvenience. A minor lack of conformity for which it was not possible or excessively burdensome to carry out the remedies of repair or replacement, does not give the right to terminate the contract.

After Novezeri srl has received the complaint of the lack of conformity, it will be able to offer the Consumer Customer any other available remedies, with the following effects:

(i) if the Consumer Customer has already requested a specific remedy, Dudùu will remain obliged to implement it, with the necessary consequences in relation to the start of the 40 (forty) day term referred to above, subject to acceptance by the Consumer Customer of the alternative remedy proposed;

(ii) if the Consumer Customer has not already requested a specific remedy, he may accept the proposal or reject it by choosing another of the remedies provided by law.

 

  1. 4 Cases of exclusion of the Legal Guarantee

The Legal Guarantee will instead be excluded, in accordance with the applicable law, if:

(i) the products have been repaired or altered by persons other than the manufacturer, Dudùu or any other authorized person; and/or

(ii) the lack of conformity of the product or products has occurred beyond the term of 2 (two) years from the delivery of the product itself and/or the relative request for repair or replacement of the defective product or defective products has been sent after 2 (two) months from the discovery of the defect; and/or

(iii) the defects are due (in whole or in part) to misuse, improper use or conservation or maintenance or installation, performed by people other than the manufacturer, Novezeri srl or any other authorized person - or failure to comply with the instructions provided by the manufacturer or other instructions provided by Dudùu together with the delivered Products; and/or

(iv) at the time of conclusion of the contract, the Consumer Customer was aware of the defect and could not ignore it with ordinary diligence; and/or

(v) the lack of conformity derives from instructions or materials provided by the Consumer Customer.

6.5 How to activate the Legal Guarantee

The Legal Guarantee must be asserted directly against Dudùu, in the case of the sale of products purchased through the Site with home delivery. The Customer can assert the Legal Guarantee by telephone by contacting Customer Assistance on 02-61317291, by e-mail at customerservice@Dudùu.com or by sending your request by filling in the form. The personnel in charge will provide the Customer with all the necessary information regarding the conditions and procedures for using the Legal Guarantee.

On the contrary, in the event that the Customer has chosen to collect and purchase the products booked through the Website at one of the Dudùu Sales Points and/or in one of the Affiliated Sales Points indicated on the Website, the guarantee may only be enforced against the manager of the Point of Sale, whether Novezeri srl or another affiliated third party, depending on who will have acted as seller of the defective products, as indicated on the sales receipt and/or purchase invoice issued by the Point of Sale at the time of purchase, according to the procedures established for the related purchase.

ARTICLE 7 – RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER

7.1 Pursuant to articles 52 et seq. of the Consumer Code, the Consumer Customer has the right to withdraw from the Contract within 14 (fourteen) days of receiving the product at his home without any penalty and without having to provide any reason.

In the case of separate delivery of several products, ordered by the Consumer Customer with a single order, the term of 14 (fourteen) days for exercising the right of withdrawal starts from the day on which the last good is delivered.

7.2 The Consumer Customer must communicate the intention to withdraw from the contract in one of the following ways:

(a) by mail by filling out the withdrawal form in the section customer service;

(b) or by fax to 0543/725205 or by registered letter with acknowledgment of receipt to the address:

Novezeri srl
Via Kennedy brothers, 4
81032 – Carinaro (CE).
To the Customer Care Office

(c) by filling in and sending the standard form compliant with annex B of Legislative Decree 21/2014 available at this link in pdf version or any other written declaration that shows the intention to withdraw from the contract.

7.3 Dudùu will confirm to the Consumer Customer without delay, via e-mail to the e-mail address communicated during the purchase procedure on the Site, receipt of the declaration of withdrawal exercised and will provide the Customer with instructions for proceeding with the return of the relative/ the product(s).

7.4 In compliance with the provisions of article 59, lett. c) and d) of the Consumer Code, the Consumer Customer cannot exercise the right of withdrawal for products made to measure or clearly personalized or which are likely to deteriorate or expire rapidly.

7.5 Furthermore, the right of withdrawal does not apply to audiovisual products and computer software products originally sealed and opened by the consumer, nor to sealed goods that do not lend themselves to being returned for hygienic or health protection reasons that have been opened after the delivery.
Regarding the state of the goods, they must be in a normal state of conservation. The consumer is only liable for the decrease in value resulting from handling other than the "normal" one and necessary to verify the nature, characteristics and functioning of the goods.

7.6 The products for which the right of withdrawal is exercised must be returned within 14 days from the day on which the Consumer Customer communicated his intention to withdraw, substantially intact, in their original packaging, complete with accessories and any manuals, without any lack, at the following address: Novezeri srl, via Schiaparelli, 31 47122 Forlì (FC).

7.7 The transport costs for returning the products are charged to the Customer, as provided for by article 57, paragraph 1, of the Consumer Code.

7.8 Dudùu will refund the price paid by the Consumer Customer within 14 days of receipt of the returned products and after checking their status, using the same payment method used by the Consumer Customer at the time of purchase. Novezeri srl The times for re-crediting the amount paid will be those applied by the payment circuit used by the Customer when ordering the product.

7.9 The right of withdrawal is excluded and, therefore, the preceding paragraphs do not apply with regard to Contracts concluded with Professional Clients.

7.10 The right of withdrawal is excluded due to the customization of the products envisaged pursuant to art. 59 paragraph 1 letter c) and e) of Legislative Decree 206/2005 (so-called 'Consumer Code').

ARTICLE 8 – MODIFICATIONS AND PARTIAL INVALIDITY

Dudùu reserves the right to make, at any time, at its sole discretion, any changes, additions and/or updates to the extent deemed necessary and/or simply appropriate to the Site, contents, programs and/or other materials contained therein and/or available through the Site itself (including these General Conditions).

For clarity, any modification and/or update made as above will not affect Contracts already concluded with Clients prior to the implementation of such modification or update.

In the event that any provision of this Agreement is declared invalid, invalid or unenforceable, in whole or in part, by any competent court, supervisory authority or administrative authority, the remaining provisions of this Agreement will not be affected.

ARTICLE 9 - COMMUNICATIONS, CONTACTS AND COMPLAINTS

Below you will find the contact details to which to direct any requests, communications and/or complaints relating to your orders, to these general conditions or, in general, to any contract concluded with Dudùu through the Site:

eCommerce Manager

Novezeri srl
Via Kennedy brothers, 4
81032 – Carinaro (CE).

support@duduuis.com

ARTICLE 10 - JURISDICTION AND COMPETENT COURT FOR PROFESSIONAL CUSTOMER DISPUTES

10.1 The Contract is governed by Italian law.

10.2 For any dispute relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relating to navigation on the Site by the Professional Customer or to the use of any function made available to the Professional Customer through the Website, he will be competent exclusively the Forum of north Naples.

ARTICLE 11 - ADR, JURISDICTION AND COMPETENT COURT CONSUMER CUSTOMER DISPUTES

11.1 Any dispute relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relating to navigation on the Site by the Customer-Consumer or to the use of any functionality made available to the Customer-Consumer through the site, must be the subject of an attempt at conciliation which will take place via the European platform of "Online Dispute Resolution" (so-called ODR) which can be consulted at the address http://ec.europa.eu/consumers/odr. Through the ODR platform, the consumer can send a complaint relating to a contract concluded online with Novezeri srl and thus activate the online dispute resolution procedure. The merchant's email address to be included in the complaint is support@duduuis.com

11.2 If the attempt at conciliation fails, the dispute will be referred to the competent judicial authority of the court of residence or elective domicile of the Customer-Consumer.

11.3 In any case, the right of the Customer-Consumer to appeal to the competent judge of his place of residence or elective domicile remains unaffected, whatever the outcome of the mediation procedure. The jurisdiction of this forum is mandatory and cannot be waived in any way.

Legal guarantee of conformity
All Products purchased through the www.duduu.eu website enjoy the legal guarantee of conformity pursuant to the Consumer Code and the Civil Code, as applicable.

03

Professional Client

For each Product purchased by a Professional Customer (i.e. a natural or legal person acting in the exercise of his entrepreneurial, commercial, craft or professional activity, or his intermediary), the latter will benefit from the guarantee for defects in the thing sold referred to to art. 1490 et seq. cc; the action of the Professional Customer aimed at asserting the guarantee for defects is prescribed after 1 (one) year from the delivery of the purchased Product and the relative defects must be reported within the terms of art. 1495 of the civil code

Consumer Client

For each Product purchased by a Consumer Customer, the latter will benefit free of charge from the legal guarantee of conformity ("Legal guarantee”) provided for by articles 128 et seq. of the Consumer Code.

 

The Legal Guarantee to be paid by the seller applies to conformity defects which occur within 24 months from the date of delivery of the Product and which are reported by the consumer within 2 months following the date of discovery of the defects themselves, in accordance with art. . 132 of the Consumer Code.

 

It should be noted that a lack of conformity exists when one of the following situations occurs: (i) the product is not suitable for the use for which it must normally serve; (ii) does not conform to the description or does not possess the qualities promised by the seller; (iii) does not offer the usual qualities and performance of goods of the same type; (iv) is not suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller.

 

The Consumer Customer will in any case remain the owner of the rights deriving from the Legal Guarantee described above, regardless of the signing of other guarantees of a conventional type, free or for a fee.

Remedies available to the Consumer Customer

In the event of the existence of a lack of conformity, the Consumer Customer may request, at his choice, the repair of the Product or its replacement, unless the remedy requested is objectively impossible or excessively onerous compared to the other according to the provisions of art. . 130 paragraph 4 of the Consumer Code.

In particular, a remedy is to be considered excessively onerous if it imposes unreasonable expenses on the seller compared to the other, 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) of the possibility that the alternative remedy can be carried out without significant inconvenience for the Consumer Customer.

Novezeri srl, in order to provide a high-level and absolutely transparent after-sales assistance service, undertakes, on a voluntary basis, to have the defective Product repaired or replaced within 40 (forty) days from the request for assistance under warranty . Alternatively, the Consumer Customer may request, at his choice, an appropriate reduction in the price or termination of the contract, where one of the following situations occurs: (i) the repair or replacement is impossible or excessively expensive; (ii) Novezeri srl has not repaired or replaced the Product within the term of 40 (forty) days; (iii) the replacement or repair previously carried out has caused significant inconvenience. A minor lack of conformity for which it was not possible or excessively burdensome to carry out the remedies of repair or replacement, does not give the right to terminate the contract.

After Novezeri srl has received the complaint of the lack of conformity, it reserves the right to offer the Consumer Customer any other available remedies, with the following effects:

(i) if the Consumer Customer has already requested a specific remedy, Novezeri srl will remain obliged to implement it, with the necessary consequences in relation to the starting of the term of 40 (forty) days referred to above, subject to acceptance by the Consumer Customer of the remedy proposed alternative;

(ii) if the Consumer Customer has not already requested a specific remedy, he will have to accept the proposal or reject it by choosing another of the remedies provided by law.

Cases of exclusion of the Legal Guarantee

The Consumer Customer will not be entitled to repair, replacement, price reduction or termination of the Contract in relation to any Product or any component identified as defective if, unless otherwise provided and in accordance with applicable law:

(i) the Products have been repaired or altered by persons other than the manufacturer, Novezeri srl or any other authorized person; and/or

(ii) the lack of conformity of the Product or Products occurred beyond the term of 2 (two) years from delivery of the Product and/or the relative request for repair or replacement of the defective Product or defective Products was sent after 2 (two) months from the discovery of the defect; and/or

(iii) the defects are due (in whole or in part) to misuse, improper use or conservation or maintenance or installation, performed by people other than the manufacturer, Novezeri srl or any other authorized person - or failure to comply with the instructions provided by the manufacturer or other instructions provided by Novezeri srl together with the delivered Products; and/or

(iv) at the time of conclusion of the Contract, the Consumer Customer was aware of the defect and could not ignore it with ordinary diligence; and/or

(v) the lack of conformity derives from instructions or materials provided by the Consumer Customer.

Operating procedures to enforce the Legal Guarantee

The Legal Guarantee must be asserted directly against Novezeri srl, if the latter acts as seller of the defective Products, and precisely in the case of the sale of Products for which the relative Contract provides for the delivery of the Product at home (at an indicated by the Customer), at the carrier's warehouse, or at a Unieuro Point of Sale selected by the Customer in the Purchase Order; on the contrary, in the case of the sale of Products for which the relevant Contract provides for the delivery of the Product to a Unieuro Affiliated Sales Point selected by the Customer in the Purchase Order, said guarantee must be enforced directly against the same Sales Point Affiliate, who, in this case, will act as seller of the defective Products.

 

The Legal Guarantee can be enforced:

(ii)  by email . Alternatively, the Customer can contact the store by telephone, or contact Customer Service by sending his request by e-mail support@duduuis.com

 

The personnel in charge will provide the Customer with the necessary information regarding the conditions and procedures for using the Legal Guarantee.

RETURNS AND RIGHT OF WITHDRAWAL

04

Return and right of withdrawal

In the case of a Contract for the purchase of Products and Services concluded by a Consumer Customer, the latter will have the right to withdraw from the Contract itself, pursuant to and for the purposes of article 52 et seq. of the Consumer Code, without any penalty and without specifying the reason.

 

The decision to exercise the right of withdrawal must be communicated by the Consumer Customer within 14 calendar days of receipt of the Product; in the case of separate delivery of several goods, ordered by the Consumer Customer with a single order, the fourteen-day term for exercising the right of withdrawal starts from the day on which the last good is delivered.

 

Within the aforementioned 14-day period, the Consumer Customer must communicate the intention to withdraw from the contract in one of the following ways:

 

Sending the standard form compliant with the annex. B of Legislative Decree 21/2014 available at this link in pdf version, by registered letter with acknowledgment of receipt to the address:

Novezeri srl
Via Kennedy brothers, 4
81032 – Carinaro (CE).
To the Customer Care Office

or via email support@duduuis.com

 

Sending any other explicit declaration of the decision to withdraw from the Contract by registered letter with acknowledgment of receipt to the address:

Novezeri srl
Via Kennedy brothers, 4
81032 – Carinaro (CE).
To the Customer Care Office

or via email support@duduuis.com

The notice of withdrawal must specify the intention to withdraw from the purchase (it is not necessary to specify the reasons) and the Product or Products for which you intend to exercise the right of withdrawal, attaching a copy of the documentation proving the purchase.

 

Novezeri srl communicates to the Consumer Customer without delay a confirmation of receipt, via e-mail to the e-mail address communicated during the purchase procedure on the Site, of the withdrawal exercised.

 

In compliance with the provisions of article 59, lett. c) and d) of the Consumer Code, the Consumer Customer cannot exercise the right of withdrawal for Products made to measure or clearly personalized or which are likely to deteriorate or expire rapidly. Furthermore, he cannot exercise the withdrawal in relation to sealed computer software that has been opened after delivery (Article 59 letter i) of the Consumer Code).

 

The Products for which the right of withdrawal is exercised must be returned within fourteen days from the day on which the Consumer Customer communicated the exercise of the right of withdrawal, substantially intact, in their original packaging, complete with accessories and any manuals, without no lack.

The right of withdrawal does not apply to audiovisual products and computer software products originally sealed and opened by the consumer, nor to sealed goods that do not lend themselves to being returned for hygienic or health protection reasons that have been opened after delivery. .
Regarding the state of the goods, they must be in a normal state of conservation. The consumer is only liable for the decrease in value resulting from handling other than the "normal" one and necessary to verify the nature, characteristics and functioning of the goods.

 

If the Product was purchased online, it will be possible to go to one of our stores and ask for the return directly in the store.
In order to return the products, it will be necessary to go to the store with the withdrawal form containing the RMA number, the product and the proof of purchase (invoice).
If the customer has multiple products, he will receive an RMA for each product to be returned: this authorization can be received through the duduuis.com site at the email support@duduuis.it.

The only costs payable by the Consumer Customer for exercising the right of withdrawal are the direct costs of returning the goods, as provided for by article 57, paragraph 1, of the Consumer Code.

 

Once the withdrawal request has been received, Novezeri srl will refund the entire amount paid by the Consumer Customer within fourteen days from the date on which the Consumer Customer exercised the right of withdrawal, by crediting the current account used at the time of the withdrawal. 'purchase. Novezeri srl reserves the right to withhold the refund until it has received the Products subject to the right of withdrawal, or until the Consumer Customer has demonstrated that he has returned the goods, depending on which situation occurs first.

 

If, on the other hand, the methods, conditions and terms for exercising the right of withdrawal, as specified in this article, are not respected, the Consumer Customer will not be entitled to a refund of the sums already paid. In this case, the Consumer Customer will be able to get back, at his own expense, the Product in the state in which it was returned to Novezeri srl. Otherwise, Novezeri srl (or the Affiliated Sales Point, depending on the case) may retain the returned Products, in addition to all sums already paid by the Consumer Customer for the relative purchase. Shipping and transport costs are charged to the customer.

Exclusion of the right of withdrawal

The right of withdrawal is excluded and, therefore, the preceding paragraphs do not apply with regard to contracts concluded with customers with a VAT number. The right of withdrawal is also excluded due to the customization of the products envisaged pursuant to art. 59 paragraph 1 letter c) and e) of Legislative Decree 206/2005 (so-called 'Consumer Code').

ORDER CONTAINING A PRODUCT WITH A FULL RETURN

In case of exercise of the right of withdrawal from purchases made with a loan, the relative loan procedure will be cancelled.

Dispute resolution

05

Alternative Dispute Resolution - ALTERNATIVE DISPUTE RESOLUTION (ADR) / ONLINE DISPUTE RESOLUTION (ODR)

EU Regulation no. 524/2013 and Legislative Decree no. 130/2015 have introduced legislation aimed at facilitating the out-of-court settlement of disputes between consumers and commercial operators relating to a product or service purchased online. To this end, a European platform of Online Dispute Resolution (so-called ODR platform), which can be consulted at http://ec.europa.eu/consumers/odr/. Through the ODR platform the consumer can send a complaint relating to a concluded contract online with Novezeri srl and thus activate the resolution procedure online of the controversy. In this regard, Novezeri srl points out that its e-mail address is support@duduuis.com

 

There are 4 steps:

  1. creating and sending the complaint
  2. agreement on the resolution body
  3. handling of the complaint by the resolution body
  4. resolution and closure of the complaint.
Payment security

06

Platform

Dudùu's secure online payment management platform is fully managed by one of the largest payment card transaction acquirers in Europe, Barclaycard (Barclays Bank Plc). Barclaycard has been dealing with payment cards since 1968, has a long experience in terms of transaction security and guarantees its merchants and their customers (card holders) the maximum security available today in the field of distance selling. In particular, the Barclaycard platform fully satisfies (compliance) the following security standards:

CVV (Card Verification Value)

This code is shown on credit cards and is used as an additional security element for CNP (Customer Not Present) transactions, therefore generally in eCommerce and MOTO (Mail Order – Telephone Order) type transactions. The use of this security code tends to guarantee that the person making a purchase is in possession of the credit card. In VISA and MASTERCARD cards the CVV is printed on the back of the credit card (3 digits). In AMERICAN EXPRESS cards, the CVV is printed on the front of the credit card above the card code (4 digits).

3Dsecure (Verified By Visa - MasterCard Secure Code)

This code consists of a "password" that the credit card holder must indicate upon request from the merchant's website from which a purchase is being made. It is used only for eCommerce transactions and represents an additional security element to the CVV. The holder must indicate the same "password" that he stored at the time on the website of the bank that issued his credit card (issuer bank). Only in this way can the transaction be considered secure, as it is assumed that only the true credit card holder is aware of it. The 3DSsecure applies to VISA and MASTERCARD payment cards.

PCI DSS (Payment Card Industry – Data Security Standard)

This acronym identifies the most important "global security standard" for companies that use information relating to payment cards in any way (credit cards, debit cards, pre-paid cards, etc). This standard is regulated by the PCI Security Standard Council which is essentially responsible for supervising and controlling the management of data relating to payment cards by all interested parties (banks, merchants, intermediaries) in order to reduce the phenomenon of fraudulent transactions. All interested parties are subjected to an annual surveillance check by a QSA (Qualified Security Assessor) body.

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