IMPORTANT LEGAL INFORMATION

These terms and conditions (“Terms and Conditions”) set forth the rules under which DSGN SRL (hereinafter “we” or “DSGN” or “Vetrina Digitale”) provides access to the website https://www.carcoverit.com/ and any Vetrina Digitale subdomain (e.g., negozio.vetrina-digitale.com) that allow users (hereinafter “users”) to order products, items, or food for home delivery (collectively, the “Site”) on the website of a retailer using the service (hereinafter “merchant”). Please read these Terms and Conditions carefully before ordering any products from the Site or from Vetrina Digitale websites. Submitting orders through the Site (now or in the future) constitutes the users’ acceptance of these Terms and Conditions, which govern the use of the Site.

DSGN reserves the right to modify these Terms and Conditions without prior notice by amending the provisions set forth on this page. If, during the checkout process, you do not accept the new Terms and Conditions, you must refrain from using the services offered by the Site and from ordering products through the Site. We recommend that you print a copy of these Terms and Conditions for future reference.

The use of personal data transmitted through the Site is governed by Carcoverit.com’s Privacy Policy

Completing an order on the Site—even if only for some of its parts—constitutes the user’s acceptance of these Terms and Conditions. Users of the Site who do not accept the Terms and Conditions are required to refrain from using the services offered by the Site and from ordering products through the Site. Furthermore, users who do not accept these Terms and Conditions will not be able to complete their order and will be prevented from making payment until they have accepted these Terms and Conditions.

I. GENERAL TERMS OF USE AND SALE

1. DSGN

1.1. DSGN SRL, with its registered office in San Mauro Pascoli, at XX Settembre 37, VAT No. IT04683470407. DSGN, in partnership with NEXI Payments S.p.A., provides the service known as Vetrina Digitale to its merchants, who, in turn, use the platform to sell their products or services to end users.

1.2. Product Orders: DSGN provides merchants with a system for creating their own dedicated sales platform. DSGN also provides users with a system for submitting their orders to merchants who have activated their platform. The contract for the supply and purchase of Products is concluded between the user and the merchant to whom the user submits the Order, and DSGN does not contribute to or participate in the sale of products or the fulfillment of orders under any circumstances. In any case, DSGN has no obligation to facilitate the conclusion of contracts between merchants and the user.

2. ACCESS TO THE SITE AND TERMS OF USE

2.1. Access to the Site: You can access certain areas of the Site even without placing an order or registering your information. Most areas of the Site are accessible to anyone.

2.2. Acceptance of the Terms and Conditions: Browsing any area of the Site constitutes acceptance of the Terms and Conditions. Users of the Site who do not accept the Terms and Conditions are required to refrain from using the services offered by the Site and from ordering products through the Site. Acceptance of the Terms and Conditions is mandatory to complete an order.

2.3. Changes to the Following Terms and Conditions: DSGN reserves the right to modify these Terms and Conditions at any time. Users are therefore required to periodically review the Terms and Conditions in effect at the time they place an order for products, as the version published on the Website on that date will apply to users of the Website.

3. WEBSITE USER STATUS

3.1. Legal Capacity and Age: By placing an Order through the Site, the user warrants that:

3.1.1. to have the capacity to act and enter into legally binding contracts with merchants, and to be at least 18 years of age.

3.2. You confirm and agree that, if you have a specific food allergy or intolerance, you will contact the merchant directly to verify that the food is suitable for your needs before placing an order directly with the merchant.

3.3 The user acknowledges and agrees that it is a criminal offense for any person under the age of 18 to purchase, or attempt to purchase, alcoholic beverages, or for any person to purchase, or attempt to purchase, alcoholic beverages, tobacco, or other smoking-related products on behalf of a person under the age of 18.

3.3.2 If the user’s Order includes any alcoholic beverages, cigarettes, or other tobacco products, the user will be required to provide proof of age upon receipt or delivery of the Order. If the user is unable to provide proof that they are 18 years of age, the merchant reserves the right to refuse to deliver alcoholic beverages, cigarettes, or other tobacco products to the user.

4. HOW TO PLACE AND PROCESS AN ORDER

4.1. Placing an Order: After selecting the products you wish to order from the chosen merchant’s platform and providing the required information, you may place the order by clicking on or selecting the “Complete Order,” “Proceed to Checkout,” or similar button. Please note that it is important to review all the information entered and correct any errors before clicking or selecting the button, since, once you do so, the user will enter into a sales contract with the merchant, and it will no longer be possible to correct any errors or cancel the Order (subject to the provisions of paragraph 4.2 below).

4.2. Amendment or Withdrawal from the Order: Pursuant to Art. Under Article 59 of the Consumer Code, the right of withdrawal does not apply to any products related to food delivery, as these are made-to-order products that are subject to rapid spoilage. For products other than food delivery, the 14-day right of withdrawal applies in accordance with current law. Once the Order has been submitted, the user enters into a contract for the sale of products with the merchant and, therefore, cannot modify or cancel the Order and is not entitled to any refund.

4.3. Payment Authorization: If authorization for any payment is not granted, the order will not be processed or sent to the merchant in question.

4.4. Order Processing and Refusal by the Merchant to Fulfill Orders: Upon receipt of the Order, the Vetrina Digitale platform forwards it to the relevant merchant and notifies the user via email that the Order has been received and is being processed. Please note that any confirmation page the user may view on the Site and any order confirmation the user receives via email further confirm the conclusion of the contract for the sale of products with a merchant; however, this does not necessarily imply that the ordered products will be delivered by the merchant. In any case, DSGN cannot rule out the possibility that merchants may refuse to fulfill Orders at any time due to being overly busy, adverse weather conditions, or any other reason. In such cases, any payment already made in connection with the Order will be refunded to the user.

4.5. Order Delivery: Estimated delivery and pickup times are provided by merchants and are for reference only.

5. PRICE AND PAYMENT

5.1. VAT and shipping costs: Product prices are as listed on the Website. Prices include VAT but may not include shipping costs (if you select “shipping”). These costs are added to the total amount due, if applicable. If the merchant chooses to list prices excluding VAT, the price plus VAT will be clearly displayed at checkout.

5.2. Payment Methods: Payment for Orders may be made using a credit/debit card or other electronic payment method through the Website, or in cash or via mobile POS at the merchant’s location at the time of delivery to the user or pickup by the user.

6. DISCLAIMER

6.1. Information Provided on the Site: Although DSGN strives to ensure that the information provided on the Vetrina Digitale websites is correct, it does not guarantee that such information is accurate or complete.

6.2. Actions and Omissions by the Merchant: The contract for the supply and purchase of Products is between the user and the Merchant to whom the user submits the Order. DSGN has no control over the actions or omissions of any of the Merchants. Without limiting the general validity of the foregoing, and except in cases of willful misconduct or gross negligence on the part of DSGN, by using the Site, the user agrees to the following:

6.3. DSGN makes no commitment to ensure that the quality of the Products ordered from any of the Merchants is satisfactory or that the Products are suitable for the user’s purposes, and expressly excludes any warranty of this kind.

6.3.1. Estimated delivery and pickup times are provided by merchants and are for informational purposes only. Neither DSGN nor the Merchants guarantee that Orders will be delivered or made available for pickup within the estimated timeframes.

6.3.2. DSGN strongly encourages all Merchants to fulfill all Orders and to promptly notify us of any refusals, and notifies the user (usually by email) as soon as reasonably possible if the Merchant has refused to fulfill an Order. In any case, DSGN does not guarantee that Merchants will fulfill all Orders and cannot rule out the possibility that Merchants may refuse Orders at any time due to being too busy, if the user fails to provide proof of age for the purchase of alcoholic beverages, cigarettes, or other tobacco products when requested, due to weather conditions, or for any other reason.

6.3.3. The foregoing disclaimers of liability do not affect users’ rights under the law and/or the sales contract with the Merchants, nor do they affect the provisions of the Consumer Code designed to protect consumers.

6.4. Exclusion of Other Provisions: DSGN provides the user with access to the Site and permits its use on the condition that, to the fullest extent permitted by law, any and all warranties, representations, conditions, undertakings, and any other provisions relating to the Site and the user’s use thereof are hereby excluded (including any representation, warranty, condition, undertaking, or other provision that might otherwise apply to the Site or the user’s use of the Site, or that is implicitly made applicable or included in these Terms and Conditions under applicable law or otherwise).

7. LIABILITY

7.1. Nothing in these Terms and Conditions affects the mandatory rights granted by law to users of the Site, including, but not limited to, the rights guaranteed to consumers under the Consumer Code.

7.2. Disclaimer: Subject to the provisions of Article 7.1 above, DSGN shall not be liable to users or merchants under any circumstances, whether in contract or tort (including negligence), nor for breach of statutory obligations, nor on any other grounds, even in the case of foreseeable circumstances, arising from or in connection with the Site (including the use, inability to use, or the effects of using the Site) in relation to:

7.2.1. any loss of profits, sales, business, or income;

7.2.2. loss or destruction of data, information, or software;

7.2.3. loss of business opportunities;

7.2.4. loss of expected savings;

7.2.5. loss of goodwill; or any indirect or consequential loss

7.2.6 Merchant’s Refusal to Complete an Order

7.2.7 Any adverse consequences resulting from the merchant’s improper handling of the Order

Rev. v3 – February 15, 2023