Terms and Conditions
General Conditions of Sale, effective from 11/03/2025
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PREMISE
This information is provided for the site https://www.desirea.shop/ (Site).
Seller data: Desirea, via Grande, 15/a San Paolo 25020 (BS),
VAT number 04662120981
Email: desireasentirsiunici@gmail.com (Seller).
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Art. 1 Scope of application
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1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
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1.2 Where made possible by the Site, entering your tax code during a purchase implies that you are acting as a Consumer pursuant to art. 3, paragraph I, letter a) of the Consumer Code (Legislative Decree 6 September 2005, no. 206). Please remember that the status of Consumer is defined as a natural person who acts for purposes other than any entrepreneurial, commercial, professional or artisanal activity they may carry out. If, however, it is possible to enter a VAT number (yours or that of a legal person), this implies a purchase as a "Professional", pursuant to art. 3, paragraph I, letter c) of the Consumer Code. The status of Professional is defined as a natural or legal person who acts in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or as an intermediary thereof. The implications of purchasing as a Consumer rather than a Professional will be described later in this document.
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1.3 The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are to be understood as merely indicative. The colours may differ from the actual colours due to the settings of the IT systems or computers you use to view them.
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1.4 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment they are published on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
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1.5 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
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1.6 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller that may be present on the Site via links, banners or other hypertext links.
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1.7 Before carrying out commercial transactions with such parties, it is necessary to check their conditions of sale.
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1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties.
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1.9 The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via such links. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by the same.
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1.10 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase procedure.
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1.11 Unless otherwise agreed with the Seller, orders cannot be placed by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
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1.12 All elements of the Site are the property of the Seller or third parties. Unless specifically consented to in writing by the Seller, it is forbidden to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify or sell all or part of the content of the Site.
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1.13 The Seller may not in any event be held liable towards you or third parties for any indirect, incidental, special or consequential damages. This includes, but is not limited to, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or affirm: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained in the Site is accurate, complete and up to date.
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Art. 2 Purchases on the Site
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2.1 To make purchases on the Site, you must follow the procedure on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.
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2.2 You undertake to inform the Seller immediately if you suspect or become aware of any improper use or improper disclosure of any information entered by you on the Site.
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2.3 You guarantee that the personal information provided is complete and truthful and undertake to hold the Seller harmless and indemnified from any damage, obligatory compensation and/or sanction arising from and/or in any way connected to the violation of this commitment. You undertake to inform the Seller immediately in the event that you suspect or become aware of any improper use or improper disclosure of the login credentials to the Site.
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2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Conditions of Sale or any regulatory provision.
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2.5 To place orders on the Site, it is not necessary to accept these General Conditions of Sale. In any case, sending the purchase order constitutes acceptance of this document.
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2.6 On the Site: (i) alcoholic products are not sold; (ii) products for adults are not sold; (iii) food products are not sold.
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2.7 After the purchase, you will receive an email confirming the order.
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Art. 3 Availability of Products
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3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the purchase order has been sent.
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3.2 Information on the availability of the Products is available on the Site.
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3.3 You will be informed in the event of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract. In any case, please consider that before requesting termination of the contract, the Seller reserves the right to implement these measures:
If restocking is not possible, the Seller will supply a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.
If restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term.
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3.4 If a refund is requested for the amount paid for the purchase of Products that subsequently turned out to be unavailable, the Seller will refund the amount within a maximum of 10 days.
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3.5 If you exercise the right of termination, the contract is terminated. If the payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs, as resulting from the order (Total Amount Due) has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the article "Payment Methods" below.
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Art. 4 Prices
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4.1 Prices on the Site include VAT.
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4.2 Furthermore, prices on the Site do not include the WEEE contribution as Products not subject to the relevant regulation are sold.
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4.3 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time of placing the order and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the order.
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4.4 The shipping costs of the Products are at your expense for orders less than or equal to a specific amount (indicated from time to time on the Site): for higher amounts, shipping is free.
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4.5 The Seller will ship the Products only after receiving confirmation of the authorization for payment or the crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.
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4.6 The purchase contract is subject to termination upon non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled.
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Art. 5 Payment Methods
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5.1 This article describes the payment methods available on the Site.
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5.2 On the Site you can purchase using payment cards. The charge will be made only after (i) the data of your payment card used for payment have been verified and (ii) the company issuing the payment card you use has issued the debit authorization. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he/she may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria refer to the user identity (to satisfy this criterion the user must be registered on the Site at the time of the purchase transaction) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products. When choosing the payment method, the symbols of the payment cards that can be used on the Site will be indicated.
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5.3 It is not possible to pay by bank transfer on the Site.
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5.4 It is not possible to purchase by cash on delivery on the Site, unless otherwise agreed with the Seller.
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5.5 If the value of the discount code is lower than the order value, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for one purchase only. In no case can discount vouchers be converted into cash.
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5.6 Any alternative methods other than those indicated above are or will be described in this article.
On the Site, it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected to that account.
Art. 6 Delivery of the Products
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6.1 The delivery of the Products is expected in: worldwide
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6.2 The delivery obligation is fulfilled by transferring to you the material availability or in any case the control of the Product.
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6.3 Delivery time of the Products from the sending of the order in Italy: 5 days. Delivery time of the Products from the sending of the order abroad: 10/15 days.
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6.4 The term indicated in art. 6.3 is to be understood as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within 30 days from the sending of the order. It is up to you to verify the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, physically takes possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials, and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.
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6.5 With reference to the possibility of requesting delivery of the Products to a "collection point", the Seller informs you that you have the possibility of collecting the Product from a collection point, based on the options and methods available on the Site and/or during the purchase process, provided that this method is available for the Product selected by you. You will be promptly notified when the Product is ready to be collected from the collection point chosen by you. Unless otherwise agreed, if you do not fulfill the obligation to collect the Product, the purchase contract will be considered terminated by law. As a result of the termination, the order will be cancelled and the Seller will proceed to refund the Total Amount Due paid by you, minus shipping costs. The mere failure to collect the Product cannot be considered as an exercise of the right of withdrawal, if applicable, and will not give the right to a full refund of the sums paid for the purchase of the Product.
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Art. 7 Right of withdrawal
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7.1 The user is invited to carefully read this article, which regulates the right of withdrawal.
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7.2 The right of withdrawal is the right of the Consumer to dissolve the purchase contract without being obliged to provide a reason. If
onista the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 applies in full. {exclusion-withdrawal}
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7.3 If you are a Consumer (and if no exceptions apply in this sense), you have the right to withdraw from the purchase contract of the Product without having to provide any reason and without having to bear costs other than those provided for in this Article within fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you may write to the Seller using the contact details indicated in the Introduction, or use the contact form that may be present on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as is the responsibility for their transport. In the event of exercising the right of withdrawal, the Product must be delivered to the Seller's premises, or to the different address communicated by the Seller. The Withdrawal Period expires after 14 days:
in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
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7.4 If withdrawal is applicable, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier chosen by the Consumer and at his expense, the Seller may suspend the refund until receipt of the Products or until the Consumer demonstrates that he has sent back the Products, whichever is earlier. The Consumer is only liable for the decrease in value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must however be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and information sheets, with identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. Furthermore, the right of withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Seller will communicate this circumstance and the resulting reduced refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund.
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7.5 In light of the above, the Seller deems it appropriate to highlight to you that the costs of returning the Product will be at your expense and under your responsibility.
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Art. 8 Legal Guarantee of Conformity
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8.1 The Legal Guarantee of Conformity is reserved for the Consumer. It therefore applies only to users who have made the purchase on the Site for purposes other than
you have purchased as a Professional in the entrepreneurial, commercial, artisanal or professional activity possibly carried out.
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8.2 The Seller is liable towards the Consumer for any lack of conformity of the Product that becomes apparent within two years of such delivery. The action aimed at asserting defects not fraudulently concealed by the Seller expires, in any case, within twenty-six months of delivery of the goods.
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8.3 Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within twelve months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the twelfth month following delivery of the Product, it will instead be the Consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.
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8.4 In the event of a lack of conformity of the goods, the Consumer has the right to have the conformity restored, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established by art. 135-bis and following of the Consumer Code.
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8.5 The Seller is not liable in the event of damages, of any nature, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damages resulting from unforeseeable circumstances or force majeure.
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8.6 If you have made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case, the legal guarantee is governed by art. 1490 et seq. of the civil code; in particular, the deadline for reporting any defects is 8 days from discovery and the action is subject to a limitation period of 1 year from delivery.
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Art. 9 Manufacturer's Guarantee
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The Manufacturer's Guarantee is an additional guarantee to the Legal Guarantee of Conformity possibly provided by the Seller on the Products. The Products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer (Conventional Guarantee). You may assert this guarantee only against the manufacturer. The duration, the extension, including territorial, the conditions and methods of use, the types of damages/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary and does not replace, limit, prejudice or exclude the Legal Warranty.
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Art. 10 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
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10.1 Purchase contracts concluded through the Site are governed by Italian law.
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10.2 The application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved.
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10.3 Please note that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile is competent.
10.4 In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based shall have jurisdiction pursuant to the provisions of the Introduction.
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10.5 The Seller informs the user who qualifies as a Consumer that, in the event that he has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not he intends to avail himself of such bodies to resolve the dispute itself.
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10.6 The Seller also informs the user who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved.
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10.7 In any case, the right of the Consumer user to bring the dispute arising from these General Conditions of Sale before the competent ordinary court is reserved, whatever the outcome of the out-of-court dispute resolution procedure relating to the relationships of consumption by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.
The user who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found on the website http://www.eur-lex.europa.eu.
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Art. 11 Customer Service
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11.1 It is possible to request information, send communications, request assistance or forward complaints by contacting the Seller at the contact details indicated in the Introduction, or by using the contact form on the Site.
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11.2 The Seller responds within an indicative time of 5 days.
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Art. 12 Miscellaneous
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12.1 This document fully regulates the relationship between you and the Seller. In any case, the rights and obligations provided by the law applicable from time to time remain intact.