A - Introduction

These “Terms of Sale” govern the sale of products marketed by DVG Commerce S.r.l. (“Dagimarket”) through its website www.dagimarket.com (“Site”). All published prices include VAT.

We invite you to read these General Terms carefully before making any purchase. By making a purchase through the website www.dagimarket.com you fully accept these General Terms.

B - Our Sales Contract

If you wish to purchase one or more products marketed on www.dagimarket.com (individually, a “Product”, collectively, the “Products”), you can select them one by one and add them to your cart, thereby creating an Order, and then follow the procedure indicated on our Site (“Order Submission Procedure” or simply “Procedure”).

To proceed with creating the Order, you must first complete the registration of your personal account on the website www.dagimarket.com. To register your personal account, you must fill in the appropriate fields and enter the data marked as “mandatory”, also as an expression of consent. Remember to confirm your registration within 30 days of creating the account. Please note that, for registration purposes, only email addresses relating to domains not attributable to temporary email services will be accepted. With regard to this latter type of email address, Dagimarket therefore reserves the right to prevent registration on the Site. Likewise, Dagimarket reserves this right if it has evidence that the email addresses used were created (i) automatically (e.g., via a bot), (ii) with the ultimate purpose of preventing the sale of a given Product, or (iii) with the intent to harm Dagimarket. Through your personal account you will be able to access your “Personal Area” (“Your Account”), check the status of your Orders and access other tools (by way of example, specific areas to exercise the consumer’s right of withdrawal, manage shipping and billing addresses, report issues with Orders and Products, check the status of any returns and/or anomalies, and download copies of delivery notes and invoices relating to your Orders), and services (such as, by way of example, “Wish Lists”, “Reviews” and “Vouchers”).

You may select and add to your cart the Products present in Dagimarket’s online catalogue at the time the Order is created and visible at www.dagimarket.com, as described in the relevant information sheets.

Dagimarket notes that the images on its site are for illustrative purposes only and may sometimes differ from reality. We invite you to read the product sheets when placing the Order, paying particular attention to the characteristics of the item and any optional accessories, assessing their relevance and essentiality for your choice of product. If you find inconsistencies in the product sheet compared to the information on the manufacturer’s website, before placing the order, please contact Dagimarket’s Customer Service to verify the characteristics of the item you wish to purchase.

During the Order Submission Procedure, you will be asked to indicate, by clicking on the appropriate boxes, your choices among the options provided with reference to certain aspects of the Order (e.g., type of delivery, payment method, shipping address, etc.).

After indicating your choices, you will find the “Place Order” button on the right, which you must click to send your order (“Order”) to Dagimarket.

By clicking “Place Order” you declare that you accept the sales and payment terms described in the Procedure and in the General Terms in force on the Site at that time.

When you are directed to the page confirming the correct completion of the Order (“Thank You Page”), the Order Submission Procedure shall be deemed completed.

Your Order is considered, for all legal purposes, as an acceptance of the offer made by Dagimarket for the Products included in the Order, each considered individually. In particular, your sales contract with Dagimarket shall be deemed finalized at the following times, depending on the payment method you selected, among those available, during the Order Submission Procedure:

- Credit card, prepaid credit card: the contract is finalized when you submit the order and the relevant banking institution authorizes only the commitment of the amount relating to the Product covered by the Order (the so-called “hold on the credit limit”) for an amount equal to the price of the Products covered by the Order.

- PayPal: the contract is finalized when you submit the order and the actual charge occurs, which will vary depending on the available option you selected (one-time payment or “Pay in 3 instalments”).

- Bank Transfer: the contract shall be deemed concluded when, after clicking “Place Order”, you are directed to the Thank You Page, but its effectiveness is subject to the suspensive condition of the actual crediting to Dagimarket’s current account of the price of all the Products covered by the Order within 5 (five) days from the conclusion of the sales contract, it being understood that if this term is not met, the sales contract will have no effect.

- Purchase via financing: if, during the Order Submission Procedure, you select the “Findomestic” payment method, the contract shall be deemed concluded when the finance company sends you the pre-authorization of the financing agreement, but its effectiveness is subject to the suspensive condition of Dagimarket’s receipt, within 15 (fifteen) days from the conclusion of the sales contract, of the notice informing it of the finalization of the financing agreement between you and the finance company, it being understood that, if this term is not met, the sales contract will have no effect, without this giving rise to any liability on the part of Dagimarket.

- Purchase via Payment in Instalments: if, during the Order Submission Procedure, you select the “Floa” payment method, the contract shall be deemed concluded when the finance company sends you the pre-authorization of the financing agreement, but its effectiveness is subject to the suspensive condition of Dagimarket’s receipt, within 15 (fifteen) days from the conclusion of the sales contract, of the notice informing it of the finalization of the financing agreement between you and the finance company, it being understood that, if this term is not met, the sales contract will have no effect, without this giving rise to any liability on the part of Dagimarket.

Shortly after you are directed to the confirmation page (“Thank You Page”), Dagimarket will automatically send to your email address the Order summary message (“Order Summary”). The Order Summary will show the date the Order was received, the estimated delivery date and the “Order Reference”, which we will ask you to use in any further communication with Dagimarket. The Order Summary message shows the data you entered in the Order Submission Procedure: we ask you to check their accuracy and promptly inform us of any corrections, following the instructions in the message. Remember that you can check the status of your Order at any time by accessing your Personal Area (“My Account”) and selecting “Order History and Details”.

Following the Order Summary email, Dagimarket will send you a subsequent and separate email containing the information relating to the shipment of the ordered Product and the relevant tracking, which you can also view within your personal area. If the Order is fulfilled via multiple shipments, you may receive multiple Shipping Fulfilment Confirmations via separate emails.

Should there be any issues in processing the Order, Dagimarket undertakes to send you appropriate communication as soon as technically possible.

Without prejudice to other remedies provided by law, if Dagimarket is unable to fulfil the Order for any reason, the payment authorization will be cancelled (i.e., Dagimarket will carry out, within the technical times allowed by credit/banking institutions and/or the payment system operator, the so-called release of the credit limit) or, if applicable, a full refund of the price of the specific Product that may already have been paid by you at the time of submitting the Order, according to the chosen payment method or, where the refund cannot be made for technical reasons via the chosen payment method and upon Dagimarket’s request, via bank transfer to the current account you indicate.

Please note that the visibility times of the refund may vary depending on the payment method you used. In fact, you may not immediately see the release of the credit limit or the refund of the price if you used, for example, a credit card or PayPal as a payment method; the visibility times of the refund and/or any delays in the refund do not depend on Dagimarket, but on the credit/banking institution and/or the payment system operator.

In the case of specific promotions carried out by Dagimarket, the terms and limits provided from time to time for that specific promotion will apply.

Without prejudice to the right of withdrawal under the terms and conditions set out in Section N of these General Terms, you may cancel the Order before the Order is in preparation in the warehouse. In this case, no price and/or cost will be charged to you. The status of the Order is clearly visible in the “Order History and Details” section of your Personal Area. The Order is in preparation in the warehouse if your Personal Area shows the indication “Preparation in progress”.

If you are a consumer (i.e., a natural person who purchases goods for purposes unrelated to their professional activity), we invite you to print or save an electronic copy and, in any case, keep these General Terms, the Order and any further communication between you and Dagimarket relating to the Order, in accordance with Articles 3 and 4 of Legislative Decree No. 185/1999 and Article 51 of Legislative Decree 6 September 2005, No. 206, the Consumer Code, on distance selling.

Orders are presumed to be placed to meet normal consumption needs. This requirement applies both to the number of Products ordered with a single Order and in the case of multiple Orders relating to the same Product, even when each Order includes a quantity of Products corresponding to normal consumption needs. For this reason, Dagimarket reserves the right to limit the number of Products that can be ordered with the same Order or from the same account within a given period of time. Dagimarket will also have the right not to process those Orders which, for the reasons set out above, are presumed not to correspond to normal consumption needs.

C - Prices

All prices on the Site www.dagimarket.com include VAT. Dagimarket reserves the right to change the prices indicated on the site at any time, without notice. Naturally, if you have already submitted your Order, the price of the Product ordered cannot be changed and will correspond to that indicated in the Order Summary email.

Despite our best efforts, Dagimarket cannot exclude that, due to a mere clerical error, a different price from the actual one is indicated for some products. The correctness of Product prices is always checked during the Order verification process and subsequent shipment of the Products.

Only if the Product price is so negligible as to be affected by a “recognizable error”, may the Order be cancelled by Dagimarket in accordance with Article 1431 of the Civil Code.

Please note that the price indicated in Dagimarket’s online catalogue refers only to the Product and does not include transport costs or any accessory services (for example, the installation of the Product).

Unless delivery of the Product is free of charge, the transport costs (calculated based on the shipping method you choose) as well as those of any accessory services you selected will be indicated in the final stage of Order Confirmation and in the Order Summary email on a separate line, distinct from the Product price.

Application of Reverse Charge - VAT Registered Businesses Only

Pursuant to Article 17, paragraph 6, letter c) of Presidential Decree 633/1972, if you intend to place an Order with a VAT number for Products with suitable requirements, belonging to the “Videogames & Consoles”, “IT/Computing”, “Smartphones”, “Tablets” categories, Dagimarket may issue an invoice without VAT, adding the wording “Reverse charge” on the document. For all other Product categories, Dagimarket applies the ordinary VAT regime. If you intend to request the application of the reverse charge, you must send to Dagimarket (i) by e-mail (fatturazione@dagimarket.com) a copy of a Chamber of Commerce extract updated within the last six months, showing that the activity linked to the VAT number is the wholesale distribution or retail resale of IT and electronic equipment and (ii) a completed copy of the “reverse charge declaration” downloadable from the following link. Remember to carefully review the terms of use of Vouchers in case of application of “Reverse Charge”, provided for in Letter E of these General Terms.

Purchase with 4% VAT reduction pursuant to Law of 5 February 1992 No. 104

If you wish to benefit from the 4% VAT reduction pursuant to Law of 5 February 1992 No. 104, you must be registered on Dagimarket (or create a billing address within your profile) with the details of the person entitled to the exemption, which must then be used to place the Order. You must select “advance bank transfer” as the payment method. Upon completion of the Order Submission Procedure, you must send us by e-mail (fatturazione@dagimarket.com) the following documentation:

- a copy of your identity card;

- a copy of your tax code;

- a specific prescription issued by the specialist doctor of the competent Local Health Authority (ASL/AUSL), showing the functional link between the impairment and the technical and IT aid;

- a certificate issued by the competent Local Health Authority (ASL/AUSL) attesting to the existence of a functional disability falling within the four admitted forms (motor, visual, hearing or speech) and its permanent nature.

Once the documentation has been received and the eligibility of the person entitled to the VAT-reduced purchase under Law 104 has been verified, we will modify your Order with 4% VAT and inform you by e-mail of the amount to be paid to settle the Order.

D - Payment Methods

Except for the case described in the previous Section B relating to any technical problems in processing the Order, Dagimarket allows you to choose between various payment methods for your purchases on the Site. Below we summarize the specific provisions governing the payment methods available to you, noting from the outset that, for the purchase of certain Products, some of the payment methods described here may not be available.

For clarity, we point out that online transactions are carried out directly on the website of the relevant banking institution, through a Secure Server that adopts the SSL (Secure Socket Layer) protection system. This protocol allows communication in a way designed to prevent the interception, alteration or falsification of information. Dagimarket therefore does not become aware of credit card data or other payment instruments you use for your purchases on www.dagimarket.com.

1. Advance Bank Transfer

If you choose this payment method, you will make an advance payment by bank transfer to the bank details indicated in the Order Summary email.

The bank details for the transfer are:

DVG Commerce S.r.l.
Via Ugo La Malfa, 8
70014 Conversano (Bari)
IBAN: IT18R0850341462002003018033 - Bcc di Conversano
SWIFT CODE: CCRTIT2TT00

In the reason for payment you must indicate as the purpose the order number (Example: Dagimarket Order XYCQHIXTI).

Dagimarket will process the Order as soon as the sales contract between you and Dagimarket becomes effective, i.e., when the full price of the Order has actually been credited to Dagimarket’s current account, which in any case must occur within 5 (five) days from the date of the Order Summary; after this period, in the absence of the aforementioned credit to Dagimarket’s current account, the Order will automatically lose all validity and effectiveness. Dagimarket undertakes, for the aforementioned period of 5 (five) days and for the following days (necessary to complete the currency transfer procedures), to keep the price of the Product covered by the Order locked. Once the aforementioned period of 5 (five) days has expired without the actual crediting to Dagimarket’s current account of the full price of the Order, Dagimarket will send you a specific communication informing you of the cancellation of the Order (and the consequent invalidity of the sales contract between you and Dagimarket).

2. Credit Card

If you choose this payment method, the relevant banking institution authorizes only the commitment of the amount relating to the Product covered by the Order (the so-called hold on the credit limit). The amount of the Order will be charged to your credit card when the Shipping Fulfilment Confirmation is issued. For clarity, we point out that if the Order relates to multiple Products, for technical reasons the charge of the entire amount of the Order will occur when the first Shipping Fulfilment Confirmation is issued, even if this Confirmation relates to only one of the Products covered by the Order.

During the Order Submission Procedure (specifically, at the payment stage), for Orders worth €250 or more, you will be asked for strong authentication (SCA - Strong Customer Authentication/3D Secure), without which the bank that issued the credit card will not allow you to proceed with the payment. The manner in which this is carried out depends on the financial institution that issued the card. In all cases where the security systems of the financial institution and/or the anti-fraud systems used by Dagimarket do not find the security requirements satisfied and/or detect an inconsistency or anomaly, the transaction will be rejected and the sales contract between you and Dagimarket will be deemed terminated for reasons not attributable to Dagimarket.

Dagimarket accepts credit cards operating on the Visa, Mastercard, American Express, Maestro, Diners Club, Discover and Postepay circuits.

If you decide to cancel the Order to the extent permitted by law or by the General Terms, or if Dagimarket, due to exceptional events beyond its control, cannot fulfil your Order, Dagimarket will request the credit card circuit to cancel the transaction and release the committed amount. The release times of the committed amount depend exclusively on the banking system.

Please note that, with the exception of the so-called “Masked PAN” (by “Masked PAN” we mean an anti-fraud security measure consisting of truncating the primary account number. When you pay for a Product with your credit or debit card, the card numbers are truncated in the system with the missing digits replaced by wildcard characters such as asterisks), at no time during the Procedure is Dagimarket able to know the information relating to your credit card, since such information is entered directly by you on the website of the banking institution managing the transaction (with very high security systems); therefore, as there is no data transmission, there is no possibility that this data may be intercepted, known or knowable by Dagimarket. Consequently, no Dagimarket IT archive contains or stores such data.

3. Prepaid Credit Card

If you choose this payment method, the relevant banking institution authorizes only the commitment of the amount relating to the Product covered by the Order (the so-called hold on the credit limit). The amount of the Order will be charged to your card when the Shipping Fulfilment Confirmation is issued. For clarity, we point out that if the Order relates to multiple Products, for technical reasons the charge of the entire amount of the Order will occur when the first Shipping Fulfilment Confirmation is issued, even if this Confirmation relates to only one of the Products covered by the Order.

If you decide to cancel the Order to the extent permitted by law or by the General Terms, or if Dagimarket, due to exceptional events beyond its control, cannot fulfil your Order, Dagimarket will request the credit card circuit to cancel the transaction and release the committed amount. The release times of the committed amount depend exclusively on the banking system.

Please note that, with the exception of the Masked PAN (as defined above), at no time during the Procedure is Dagimarket able to know the information relating to your credit card, since such information is entered directly on the website of the banking institution managing the transaction (with very high security systems); therefore, as there is no data transmission, there is no possibility that this data may be intercepted, known or knowable by Dagimarket. Consequently, no Dagimarket IT archive contains or stores such data.

4. PayPal

If you choose this payment method, during the Order Submission Procedure you will be directed to the PayPal login page to correctly complete the Order.

PayPal allows you to choose between these two methods:

• “Pay in 3 instalments” (available only for natural persons resident in Italy and on eligible purchases from €30.00 to €2,000.00), whereby the amount will be charged in three separate instalments, the first at the time of receipt of the Order Summary email and the other two at intervals of 30 days;

• Standard payment, in a single solution, whereby the charge will be requested at the time of receipt of the Order Summary email.

If you decide to cancel the Order to the extent permitted by law or by the General Terms, or if Dagimarket, due to exceptional events beyond its control, cannot fulfil your Order, the amount charged will be refunded to your PayPal account.

Please note that at no time during the Procedure is Dagimarket able to know the information in your PayPal account; therefore, as there is no data transmission, there is no possibility that this data may be intercepted, known or knowable by Dagimarket. Consequently, no Dagimarket IT archive contains or stores such data. For each payment or commitment made with your PayPal account, you will receive a confirmation email from PayPal and not from Dagimarket.

If you choose this payment method, to proceed you must accept PayPal’s terms and conditions.

5. Findomestic Financing

This instalment payment method can be used (i) only by customers considered by applicable law to be “consumers” (i.e., natural persons who purchase goods for purposes unrelated to their professional activity) and holders of a bank or postal current account, and (ii) only for amounts over €499.00.

If you intend to request financing, you must select the “Findomestic Financing” payment method in the Order Submission Procedure.

During the Order Submission Procedure, you will then be directed to the Findomestic website, where you will be asked to complete the online financing application form by entering some of your personal data, and you will have to follow all the instructions on the website of Findomestic Banca S.p.A. in order to correctly submit the documentation to the latter.

The documents required to be uploaded on the Findomestic portal will be as follows:

   - copy (front/back) of your identity document;

   - copy of your Health Insurance Card;

   - copy of your latest payslip or most recent tax return;

   - IBAN code for the direct debit of instalments.

At the end of completing the form, Findomestic will provide one of the following responses in real time:

   - Application taken in charge by Findomestic for evaluation

   - Application rejected

In the case of a pre-accepted application, it will be possible to upload the required documents directly online in a few clicks using the digital signature. Upon completion of this procedure, you will receive from Findomestic Banca S.p.A. by e-mail updates on the non-binding financing request. Once all the documentation has been received and assessed, Findomestic may issue final approval by sending a confirmation e-mail; in this case, the sales contract between you and Dagimarket will become effective and Dagimarket will take charge of the Order and process it for the subsequent shipment of the Product. Please note that Findomestic Banca S.p.A. may decide, in full autonomy, whether to approve your financing request. If Dagimarket does not receive notice of the finalization of the financing agreement between you and the financial company within 15 (fifteen) days from the Order Summary email, the sales contract between you and Dagimarket relating to which you requested financing from Findomestic Banca S.p.A. will automatically lose any validity and, to this effect, Dagimarket will send you a specific communication informing you of the cancellation of the Order. Dagimarket is not responsible for any damages, costs, expenses and/or losses of any kind you may suffer as a result of the non-approval of financing.

For more information and terms on this payment method, please visit the following page.

If you request payment for your orders of goods and/or services by means of one of these payment solutions, your personal data will be transmitted to Findomestic Banca S.p.A. in order to examine your financing request, manage your financing contract and, where appropriate, recover the credit. For more information, read Findomestic’s Privacy Policy available at the following link.

6. Payment in Instalments - FLOA Pay

If you intend to request payment in instalments, you must select, in the Order Submission Procedure, the “Pay in instalments with Floa” payment method.

During the Order Submission Procedure you will then be directed to the website of our financial partner FLOA (as defined below), which offers payment solutions for your purchases of goods and/or services, with payment deferred in 3 or 4 instalments with/without interest via credit card. These payment solutions are reserved for individuals (natural persons of legal age) residing in Italy and holding a Visa or MasterCard credit card that does not expire before the date of payment of the last instalment.

FLOA, société anonyme, share capital €72,297,200, registration no. 434 130 423 in the Bordeaux Trade and Companies Register (RCS), registered office at Immeuble G7 - 71 Rue Lucien Faure 33300 Bordeaux, FRANCE, included in the register kept by ORIAS under number 07028160. Subject to the supervision of the Autorité de Contrôle Prudentiel et de Résolution (ACPR) 4 Place de Budapest, CS 92459, 75436 PARIS, FRANCE (“FLOA”).

By adhering to FLOA’s deferred payment solution, you will establish an autonomous contractual relationship between you and FLOA, governed by FLOA’s GENERAL CONDITIONS OF “DEFERRED PAYMENT”, “PAYMENT IN 3X”, “PAYMENT IN 4X” available at the following link (“FLOA General Conditions”).

If you request payment for your orders of goods and/or services by means of one of these payment solutions, your personal data will be transmitted to FLOA in order to examine your financing request, manage your financing contract and, where appropriate, recover the credit. For more information read FLOA’s Privacy Policy available at the following link.

E - How to Use Discount Codes

Any “Discount Code” issued by Dagimarket under certain circumstances (for example, during promotional activities by Dagimarket) may be used by the expiry date indicated in the communication regarding the Discount Code received. The Discount Code can be used in a single solution and for one Order only. The Discount Code, therefore, cannot be split: if the Discount Code is only partially used, the remaining part will be unusable and nothing will be owed by Dagimarket. The Discount Code is not transferable to third parties, may be used exclusively to purchase Products marketed on the website www.dagimarket.com, and cannot be converted into cash.

In the case of Orders for Products with a total value higher than the Discount Code, the purchaser must pay Dagimarket the difference, in order to correctly complete and submit the Order, choosing one of the available payment methods during the purchase Procedure.

Discount Codes can be combined with all other discounts and promotions on the Dagimarket website. Dagimarket reserves the right to refuse, block and/or cancel orders whose price has been paid by the abnormal accumulation of Discount Codes, Vouchers, Promo/Extra discount codes.

Discount Codes cannot be used for Orders with the application of the Reverse Charge, except for vouchers issued by Dagimarket following a refund or during prize promotions.

F - Delivery Methods

The available shipping methods are shown during the Order Submission Procedure. Dagimarket does not ship to Mail Boxes, post offices, P.O. Boxes or companies that provide domiciliation services.

For each Order shipped, Dagimarket issues a sales receipt (equivalent to a fiscal receipt) or invoice for the Product shipped. For the issuance of the tax document, the information you provided during the Order Submission Procedure will be used. Once issued, this tax document can no longer be modified.

The shipping costs payable by you are explicitly shown during the Order Submission Procedure, as well as in the Order Summary email. These shipping costs may be subject to surcharges imposed by the courier for particular conditions (limited traffic areas, difficult-to-reach or outlying areas). Payment of shipping costs will be made using the method you chose during the Order Submission Procedure. No additional shipping charges or commissions will be due to Dagimarket.

Unless otherwise specified, delivery of the ordered Product is understood to be “Express Courier”.

The Product travels with packaging made directly by the manufacturer, in cardboard boxes wrapped in transparent or black cellophane, in cardboard boxes sealed with security adhesive tape, or in shipping bags with self-adhesive closures, depending on the warehouse of origin. Under no circumstances is the courier’s adhesive tape or other sealing materials used.

Dagimarket’s commitment to ensuring timely delivery of the Product is maximum.

Upon delivery of the Product by the courier, please check:

01. that the number of packages delivered corresponds to that indicated on the delivery note or the transport document (DDT);

02. that the packaging is intact, not damaged, nor wet or otherwise altered;

03. that no sealing materials other than those mentioned above have been used.

If you detect external damage or a discrepancy in the number of packages, you must:

(i) immediately inform the courier making the delivery by placing a specific reservation on the carrier’s handheld device (by way of example but not limited to, you can enter one of the following phrases on the appropriate accompanying document: “collected with reservation for damaged package”, “collected with reservation for open package”, “collected with reservation for missing packages”). Please note that Dagimarket and/or the carrier will not take into consideration any generic reservations placed on the shipment’s accompanying document;

(ii) open an anomaly ticket on the Dagimarket website by completing the required fields in the “Support Requests” section in the Order details of your Personal Area, visible only after delivery of the Product, or by opening a ticket from the “HELP” section of the Dagimarket.com site.

Any hidden damages or anomalies of the Product resulting from transport must be reported to Dagimarket’s Customer Care within 2 days from the delivery date by email (postvendita@dagimarket.com), attaching photos of the damaged product, its packaging at the time of delivery and the delivery note provided by the courier.

1. STANDARD DELIVERY WITH EXPRESS COURIER

Standard delivery is generally carried out during the following hours and days: from 9:00 a.m. to 6:00 p.m. on working days, Monday to Friday. This type provides street-level delivery for all products purchased on Dagimarket. All Orders with standard delivery are entrusted by Dagimarket to the contracted courier. In standard delivery, the first delivery attempt is made by the courier without any prior phone notice.

If you are absent, the courier will leave a delivery attempt notice in your mailbox and/or attempt delivery again on the next business day. If you are absent again, the shipment intended for you will remain in storage at the courier’s warehouses for a period ranging from 3 to 10 days, pending release instructions. If this attempt also fails and/or storage exceeds the aforementioned terms, the product will be returned to our originating warehouse, resulting in the cancellation of the Order and subsequent refund of the purchase price, according to the payment method you chose, except for the transport cost, which remains at your expense.

2. DELIVERY BY APPOINTMENT

Delivery by appointment provides for delivery of the Product with prior phone notice, during which you can choose, in agreement with the courier, the time slot (morning or afternoon) in which the Product will be delivered. Specifically, the courier will contact you to schedule the delivery appointment within 1–5 working days from when the Product is ready for delivery. Delivery generally takes place from Monday to Friday from 9:00 a.m. to 6:00 p.m., except for deliveries made in special or hard-to-reach areas (for example, minor islands, Alpine border areas, the Venice lagoon), for which the courier will inform you by phone of the specific days on which the Product can be delivered;

(i) provides indicative shipping times of approximately 7–15 working days from when the sales contract between you and Dagimarket becomes effective (depending on the payment method you chose, as identified in Section B of these Terms), unless a different term is communicated to you by Dagimarket.

(ii) is subject to possible surcharges for special conditions (limited traffic areas, hard-to-reach or outlying areas, the Venice lagoon and lido, and minor islands).

If, together with a Product, you order an installation service that is provided at the time of delivery, delivery may only be by appointment to your apartment floor.

G - Delivery Times

The courier collects the Product from the logistics centre indicated by Dagimarket when you receive the Shipping Fulfilment Confirmation email.

In the product sheets for each Product on the Site, as well as in the other pages of the Order Submission Procedure, an indicative estimate of the delivery period for the specific Product will be shown, consisting of a date range calculated based on Dagimarket’s delivery information statistics and the information you provided during the Order Submission Procedure.

The type of delivery carried out by specialist couriers (“Delivery to floor” or “Delivery with installation”) includes prior telephone contact between you and the courier to define the delivery time (as indicated in the previous Section F) with longer delivery times than standard shipments.

Payments by financing and bank transfer are two possible factors that may affect delivery times, respectively based on the necessary conclusion of the financing agreement between you and the finance company and the visibility of payment by bank transfer.

In any case, pursuant to Art. 61, paragraph 1, of the Consumer Code, Dagimarket will deliver within and no later than 30 days from the date of conclusion of the sales contract, unless specific agreements with the customer apply.

H - Delivery Costs

The delivery costs payable by you are explicitly shown during the Order Submission Procedure and in the Order Summary email. You will pay the shipping cost using the payment method chosen during the Order Submission Procedure. These delivery costs may be subject to surcharges imposed by the courier for particular conditions (limited traffic areas, difficult-to-reach or outlying areas, Venice Lagoon, Alpine passes and minor islands). In such case, when processing your order, you will be contacted by our Customer Service for a customized quote.

The delivery cost is calculated automatically based on the weight and/or volume of the Products ordered and does not include insurance of the Product during transport and is clearly indicated during the Order Submission Procedure.

Please note that if you order multiple Products and only one of them provides for free delivery from Dagimarket, you will still have to bear the delivery costs provided for the other Products in the same Order.

I - Buyer’s Declaration of Commitment for the Purchase of Fixed Air Conditioners Containing Fluorinated Gases

Since 25 July 2019, companies selling equipment containing fluorinated gases are required to notify the chambers of commerce of the relevant sales data, including the following information (reference Article 16(3) of Presidential Decree 146/2018):

a) type of equipment;

b) number and date of the invoice or sales receipt;

c) purchaser’s details;

d) the purchaser’s declaration containing the commitment that the installation will be carried out by a company certified pursuant to Article 10 of Regulation (EU) No. 517/2014; alternatively, if the purchaser is the certified company, the company’s certificate number and the end user’s details.

Regulation (EU) No. 517/2014 provides, in Article 11(5), that non-hermetically sealed equipment charged with fluorinated greenhouse gases shall be sold to end users only where it is demonstrated that the installation is carried out by a company certified pursuant to Article 10 of the said Regulation. Therefore, pursuant to Article 16, paragraph 3, letter d) of Presidential Decree 16 November 2018, No. 146, if you intend to order a Product consisting of a fixed air conditioner, you must sign a declaration committing that the installation will be carried out by a company certified pursuant to Article 10 of Regulation (EU) No. 517/2014). It will be possible to sign this declaration directly in the cart during the Order Submission Procedure by ticking the relevant checkbox. Please note that acquisition of this signature is mandatory and in the absence of the tick, the Order cannot be taken in charge and processed. Dagimarket will store your declaration for legal compliance purposes and, pursuant to Article 16(3)(d) of Presidential Decree No. 146/2018, will communicate it to the competent Chamber of Commerce together with the sales data of the Product purchased.

L - Services

1. Delivery to Floor Services

Delivery is made to the floor inside the building and the product is transported to your apartment door. The service is carried out by 1–2 people. Please check the possibility of transport to the floor (e.g., stair width, landing space, any elevator, etc.). Otherwise, the product will be left at ground level as the use of escalators or lifting equipment is not envisaged.

Delivery is arranged by telephone. At the time of delivery it will be possible to check the integrity of the product.

2. In-home Installation Services

Below we indicate the delivery with in-home installation services offered by Dagimarket through operators appointed by it. Each subsection lists in detail the activities that will be carried out by the operators as part of the services (“Activities”). Please note from the outset that any activity not included among the Activities will not be carried out by the operators. Without prejudice to Article 131 of Legislative Decree 206/2005, please bear in mind that the operator’s possible (but not guaranteed) availability to carry out additional activities may entail additional costs at your expense.

The place where the Activities will be carried out must be clear and clean and we ask you to verify the feasibility of the delivery by checking the width and height of the passage areas. To this end, we ask you:

(i) to verify that the place and space intended for the Product is suitable to allow its installation and operation;

(ii) to verify that access to the place intended for the installation of the Product is free and unobstructed so that the operators can access it without difficulty and without having to carry out additional work;

(iii) to remove at your expense all obstacles, architectural and otherwise, that could impede passage (of the operators and/or the Product) and/or the performance of the Activities. Without prejudice to the above, Dagimarket will do what it can to meet your needs.

In this regard, we ask you to inform Dagimarket Customer Care within 1 day from receipt of the Order Summary email of the reasons and/or obstacles that could compromise proper delivery of the Product and/or proper performance of the Activities. Dagimarket Customer Care will in turn communicate these issues to the designated courier, who will, at its discretion and from an operational point of view, assess the possibility of making delivery. Without this entailing any liability on the part of Dagimarket, the courier may, at its discretion:

- proceed with delivery and/or performance of the Activities, as deemed possible by the courier;

- identify an alternative solution to properly complete delivery and/or perform the Activities, it being understood that any additional costs will be charged to you as communicated from time to time;

- refuse to make delivery and/or perform the Activities until you (or the recipient of the Product) confirm that you have removed all obstacles. If you inform us that it is totally impossible to remove the obstacles to delivery, the sales contract between you and Dagimarket will cease, the Product will be returned to Dagimarket and, upon receipt of the Product, Dagimarket will refund the Product price or release the credit hold (excluding any delivery costs, if provided for in the Order).

2.1. Installation Services for Washing Machines / Dryers / Dishwashers / Refrigerators / Ovens - NON BUILT-IN

Delivery is made to the floor and the product is transported directly into your home. The service is carried out by 1–2 people. Please check the possibility of transport to the floor (e.g., stair width, landing space, any elevator, etc.). Otherwise, the product will be left at ground level as the use of escalators or lifting equipment is not envisaged.

The carrier will contact you by phone to arrange delivery by appointment. At the time of delivery, the integrity of the product must be checked. If the product is damaged, you must accept delivery only with reservation of inspection, specifying on the carrier’s POD any anomalies found. You must also inform us immediately of the incident.

Installation includes the possible removal of the old appliance, positioning of the new product, connection to the power supply, any connection to the existing plumbing, brief explanation of operation.

Please note that installation can only be carried out on pre-existing methane (city gas) systems that are fully functional and compliant with the law. Installation on LPG/butane/propane/bottled gas systems is not provided. Any plumbing and/or electrical work is excluded from installation; the addition of plugs, adapters, cables, extensions or GAS pipes regulated by UNI CIG 7129/08 is also not envisaged. Technicians may request a supplement if the customer does not provide all the material necessary for installation.

2.2 Built-in Appliance Installation Services

Delivery is made to the floor and the product is transported directly into your home. The service is carried out by 1–2 people. Please check the possibility of transport to the floor (e.g., stair width, landing space, any elevator, etc.). Otherwise, the product will be left at ground level.

The carrier will contact you by phone to arrange delivery by appointment. At the time of delivery, the integrity of the product must be checked. If the product is damaged, you must accept delivery only with reservation of inspection, specifying on the carrier’s POD any anomalies found. You must also inform us immediately of the incident.

Installation includes the possible removal of the product to be replaced, insertion of the new product into the kitchen niche and fitting of the front panel, where present. Connection of the water inlet hose (depending on the type of appliance), connection to the power supply, functionality test.

Please note that installation can only be carried out on pre-existing methane (city gas) systems that are fully functional and compliant with the law. Installation on LPG/butane/propane/bottled gas systems is not provided. Any plumbing and/or electrical work is excluded from installation; the addition of plugs, adapters, cables, extensions or GAS pipes regulated by UNI CIG 7129/08 is also not envisaged. Technicians may request a supplement if the customer does not provide all the material necessary for installation.

M - Waste Electrical and Electronic Equipment (WEEE) Management

01. In compliance with Legislative Decree No. 49/2014 on the management of waste electrical and electronic equipment (WEEE), Dagimarket guarantees, following the supply of a new electrical and electronic appliance intended for a household, the free take-back, on a one-for-one basis, of used equipment of an equivalent type. “Equivalent” means the taken-back equipment that has performed the same function as the equipment supplied and purchased (e.g., when purchasing a new refrigerator, a used refrigerator can be returned).

02. For the list of products eligible for free take-back, please refer to Annexes I, II, III and IV of Legislative Decree 49/2014.

03. We inform you that Dagimarket does not have a WEEE collection or grouping centre and, therefore, in accordance with Article 22 of Legislative Decree No. 49/2014, guarantees the take-back of equivalent WEEE at the same place of delivery, free of charge and without higher charges than those that you would reasonably incur in the case of non-distance selling, according to the procedures specified in the next paragraph.

04. To exercise the right to free take-back of WEEE, you must choose at the time of purchase one of the delivery methods that provide for “Collection and Disposal of Used Items” offered exclusively by specialized carriers. Once Dagimarket has received the WEEE take-back request as described above, you will be contacted by Dagimarket’s appointed provider to agree on the collection date, which will take place within and no later than the thirtieth day from the date of delivery of the new Product. It should be noted, therefore, that WEEE collection may not take place at the same time as delivery of the new product, but in any case no later than 30 days from delivery of the new Product.

05. You will need to make the used Product available already disconnected from the electricity and water/gas supply and, in the case of a built-in Product, already removed from the cabinet.

N - Right of Withdrawal

01. If you are a consumer (i.e., a natural person acting for purposes unrelated to professional activity) you have the right to withdraw from the purchase contract concluded with Dagimarket without having to provide any reason and without incurring costs other than those specified in paragraph 3 below, within and no later than 14 (fourteen) days from delivery of the Product or from the day on which you or a third party designated by you acquired physical possession of the Product. In the case of separate delivery of multiple Products ordered by you with a single Order, the fourteen-day period for exercising the right of withdrawal runs from the day on which the last item is delivered. The conditions and procedure for exercising this right are specified in the following paragraphs.

02. To exercise the right of withdrawal referred to in the previous paragraph, you may use the dedicated “Support Requests” section that you will find in your Personal Area after logging in and selecting the Order and the product you wish to return. You must attach to the request a photo of the product, its original packaging and the label containing the model and serial number of the item. In any case, you may notify in writing, within and no later than 14 (fourteen) days from delivery of the Product or from the day on which you or a third party designated by you acquired physical possession of the Product, your intention to exercise the right of withdrawal by email (to postvendita@dagimarket.com), or otherwise by submitting to Dagimarket a written statement explicitly declaring your decision to withdraw from the contract.

Once your withdrawal notice has been received, Dagimarket Customer Care will take charge of the request, open the case in your Personal Area and send you a first confirmation email (to the email address used by the Consumer to register on the site) acknowledging receipt of the notice and, after verifying that there are no obstacles, a second email with the return procedure attached with the return form (RMA form), bearing an authorization number, which you must affix to the outside of the package relating to the Product to be returned.

To complete the withdrawal procedure, you must ship the Product, carefully packed in the manufacturer’s original packaging with all accessories supplied. You must affix the RMA form to the outside of the box and send the product via your chosen courier to the address specified within the authorized return case. The shipping costs for returning the Product to Dagimarket are at your expense and the shipment takes place under your responsibility, so it is important that the return shipment has a tracking code for monitoring. All personal data, accounts and any passwords you entered must be absolutely removed. In the case of Apple-branded products, the “Find my iPhone” function must be deactivated.

The Product must in any case be shipped back to Dagimarket Srl, which will indicate the correct address to which the goods are to be sent in the email with which the RMA code is provided.

03. The shipment of the goods to be returned must take place within 14 days from the date on which you informed Dagimarket of your decision to withdraw. Once the withdrawal request has been received, Dagimarket will refund the full amount you paid within fourteen days from the date on which you exercised the right of withdrawal, using the same payment method you selected during the Order Submission Procedure or by bank transfer. Dagimarket Srl reserves the right to withhold the refund until it has received the Products subject to the right of withdrawal, or until you have demonstrated that you have returned the goods, whichever occurs first.

04. The right of withdrawal may be exercised only and exclusively with regard to the entire Product; it is not possible to exercise withdrawal only on a part of the purchased product (e.g., accessories, bundled software, etc.);

- The right of withdrawal does not apply to audiovisual products and IT software products originally sealed and opened by you (Art. 59(i) of the Consumer Code), nor to sealed goods that are not suitable for return for hygiene or health protection reasons that have been opened by you after delivery (Art. 59(e)). As regards the condition of the goods, they must be in a normal state of preservation and you are only liable for any decrease in value resulting from handling other than what is “normal” and necessary to establish the nature, characteristics and functioning of the goods.

- The purchased Product must be returned in its original packaging, complete with all accessories and its documentation, including the User Manuals;

- The Product must be returned in perfect condition and with all its accessories, also in perfect condition; Products showing signs of damage, wear or dirt will not be accepted;

- The returned Product must bear the same serial number shown on the invoice (where present); otherwise, if the serial number is different, the withdrawal will not be accepted and the Product will be made available to you again, without any refund from Dagimarket to you;

05. For promotional offers involving the purchase of various Products in combination with each other (“bundle” purchases), you may exercise the right of withdrawal only on the entire lot purchased, i.e., by returning all the Products purchased in combination.

O - Refusal of Purchase

Please note that you are free not to accept the Product at the time of delivery. However, note that, in the case of advance payment (e.g., credit card, PayPal, advance bank transfer), when the credit note is issued, the return-to-sender shipping costs will be deducted. Therefore, only the amount of the Product net of return transport costs will be refunded to you.

P - Warranties

01. Legal Warranty

All Products, including digital content, goods with digital elements and digital services (hereinafter also referred to as “goods” or “good(s)”) sold by Dagimarket to a “consumer” purchaser are covered by the legal warranty on consumer goods, which covers lack of conformity that become apparent within 24 months from the date of delivery of the good, as provided for by Articles 128 et seq. of the Consumer Code and, for matters not expressly provided for therein, by Articles 1490 et seq. of the Civil Code on the contract of sale.

The Legal Warranty applies and is borne by the seller if the Product has lack of conformity, provided that such lack of conformity appears within 24 months from the date of delivery of the good. Your action to enforce this warranty is time-barred after 26 months from delivery of the purchased Product.

To be in conformity with the sales contract, the good must have the following:

1) subjective requirements: a) correspond to the description, type, quantity and quality provided in the contract and possess the functionality, compatibility, interoperability and other characteristics as provided in the sales contract; b) be suitable for any particular use desired by you and brought to the attention of Dagimarket at the latest at the time of the conclusion of the sales contract and accepted by Dagimarket; c) be supplied together with all accessories and instructions, including installation instructions, provided in the sales contract; and d) be supplied with updates as provided in the sales contract.

2) objective requirements: a) be suitable for the purposes for which goods of the same type are normally used; b) possess the quality and correspond to the description of a sample or model that Dagimarket made available to you before the conclusion of the contract; c) be delivered together with accessories, including packaging, installation instructions or other instructions that you can reasonably expect to receive; and d) be of the quantity and possess the qualities and other characteristics, including in terms of durability, functionality, compatibility and safety, ordinarily present in a good of the same type and that you can reasonably expect, taking into account the nature of the good and public statements made by or on behalf of Dagimarket, or by other persons in previous stages of the commercial transaction chain, including the manufacturer, in particular in advertising or on the label.

Any lack of conformity resulting from incorrect installation of the good is considered a lack of conformity of the good if: a) installation is provided for in the sales contract and was carried out by Dagimarket or under its responsibility; or b) installation, to be performed by you, was carried out by you and the incorrect installation is due to shortcomings in the installation instructions provided by Dagimarket or, for goods with digital elements, provided by Dagimarket or by the supplier of the digital content or digital service.

Pursuant to Articles 135-bis, 135-ter and 135-quater of the Consumer Code, in the presence of a lack of conformity, you are entitled to:

A. Repair or replacement of the good:

a) free of charge;

b) within a reasonable period of time from when Dagimarket was informed by you of the lack of conformity;

c) without significant inconvenience to you, taking into account the nature of the good and the purpose for which you intended the good.

If the lack of conformity must be remedied by repairing or replacing the goods, you must make them available to Dagimarket. Dagimarket will take back the replaced goods at its own expense. If repair requires removal of the installed good, the obligation to repair or replace the good includes removal of the non-conforming good and installation of the replacement or repaired good, or the obligation to bear the removal or installation costs.

You are not required to pay for the normal use of the replaced good in the period prior to replacement.

In order to provide a high-level and fully transparent after-sales service, Dagimarket undertakes, on a voluntary basis, to have the defective product repaired or to replace it within a maximum period of 40 (forty) days from the warranty service request.

B. Price reduction and termination of the contract:

a) if Dagimarket has not carried out repair or replacement or has not carried out repair or replacement, where possible, pursuant to Article 135-ter, paragraphs 1, 2 and 3, or has refused to bring the goods into conformity pursuant to paragraph 3;

b) if a lack of conformity appears despite the seller’s attempt to restore the conformity of the good;

c) if the lack of conformity is so serious as to justify the immediate price reduction or termination of the sales contract;

d) if Dagimarket has stated, or it is clear from the circumstances, that it will not restore the conformity of the good within a reasonable period or without significant inconvenience to you.

You do not have the right to terminate the contract if the lack of conformity is only minor.

The price reduction is proportional to the decrease in the value of the good you received compared to the value it would have had if it had been in conformity;

a) You may exercise the right to terminate the sales contract by means of a statement addressed to Dagimarket containing your intention to terminate the sales contract;

b) If the lack of conformity concerns only some of the goods delivered and there is a reason to terminate the sales contract, you may terminate the contract limited to the non-conforming goods and those purchased together with the non-conforming goods, where it is not reasonably presumed that you have an interest in keeping the goods not affected by defects at your disposal.

If you terminate the sales contract in its entirety or limited to some of the goods delivered under the sales contract: a) you must return the good to Dagimarket, at its expense, and b) Dagimarket will refund the price paid for the good upon receipt of the good or the evidence you provide that you have returned or shipped the good.

Cases of exclusion of the Legal Warranty

In accordance with the applicable provisions of the Consumer Code and the Civil Code, the legal warranty is excluded if one of the following situations occurs: (i) the product has been delivered for technical inspection to persons not authorized by the manufacturer or by Dagimarket (e.g., technical assistance centres not authorized by the manufacturer); (ii) the alleged lack of conformity of the Product appeared after the 24-month period from delivery of the product; (iii) the alleged defect is due (in whole or in part) to improper and/or incorrect use/storage/maintenance or installation — attributable to you or to persons not authorized by the manufacturer or by Dagimarket — or is due to failure to comply with the instructions provided by the manufacturer and present, for example, in the product’s user manual or other instructions provided by Dagimarket together with the delivered products; (iv) at the time of the conclusion of the contract, you were aware of the defect and expressly accepted it.

Q - Privacy

The personal data requested when placing the order, or during the withdrawal process, are collected by Dagimarket and processed on IT media in order to fulfil the obligations arising from the contract concluded with you. Dagimarket guarantees compliance with the legislation on the processing of personal data, governed by EU Regulation 679/2016 (the “GDPR”) and by the Privacy Code set out in Legislative Decree No. 196 of 30.06.03, as amended by Legislative Decree 101/2018. For any information regarding the processing of your personal data, we invite you to read the privacy policy published on Dagimarket’s website (Privacy Policy), which also describes the rights regarding the protection of personal data that you can exercise by writing to amministrazione@dagimarket.com. The data controller is Dagimarket Srl, Via Ugo La Malfa 8, 70014, Conversano (BA). Dagimarket has appointed a Data Protection Officer who is available for any information relating to the processing of your personal data at the following address: amministrazione@dagimarket.com.

R - Complaints

Any complaints must be addressed to Dagimarket Srl, Via Ugo La Malfa 8, 70014, Conversano (BA) and sent by e-mail (amministrazione@dagimarket.com).

S - Jurisdiction and Applicable Law

The relationship between you and Dagimarket Srl is deemed to have taken place in Italy. These General Terms are therefore governed by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, if you are a consumer, territorial jurisdiction lies with the court of your municipality of residence.

T - Conditions

The conditions contained in this document may be modified by Dagimarket without notice and will be valid from the date of their publication on the website www.dagimarket.com.

Updated on: 10/02/2025