Terms and conditions of sale

Introduction

These general terms and conditions of sale are published in official DAUREKA S.R.L. documents, including catalogue, price list, website, etc.

Therefore, they are considered as being known to the customer and all orders include implicit acceptance of same.

DAUREKA S.R.L. reserves the right to make, unilaterally and at its sole discretion, any changes it deems fit to these general terms and conditions of sale.

These terms and conditions are valid until the issue and publication of new conditions, which will annul and supersede all previous terms and conditions of sale.

The contents, copyright and all other rights over DAUREKA S.R.L. products and materials, and relevant documents (catalogues, price lists, website, etc.) are the property of DAUREKA S.R.L.

It is permitted to view, download and reproduce information and material data sheets only for internal use by the customer, provided that:

  • all contents of official documents are kept

  • only images with surrounding texts relevant to same are used

  • the copyright warning is included: “© FITLOCK – All rights reserved”

It is not permitted to make copies, publications or commercial use other than as listed above without the explicit consent of DAUREKA S.R.L.

  1. Scope and conclusion of the Contract

1.1 These General Terms and Conditions of Sale (Conditions of sale” or ”GCS” or “Contract”) regulate the offer and sale, through the website https://www.fitlockstore.it of the products and/or services specifically stated on the Website as “sold and shipped” by DAUREKA SRL. The Website is owned by DAUREKA SRL, with registered headquarters at: Via A. Gramsci 52 int. 18, 56031 Bientina (PI) · Place of business: Via L. Fibonacci 924, 56031 Bientina (PI), VAT and Tax ID code: 01623840509.

1.2 The sale of Products through the Website constitutes a remote contract regulated by Chapter I, Title III (articles 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code” Text updated on 24th March 2023, updated to Lgs. Decree 26/2023 and Lgs. Decree 28/2023) by Legislative Decree no. 70 of 9th April 2003, and subsequent additions and amendments, containing the guidelines for e-commerce.

1.3 These Terms and Conditions of Sale are applied to all sales of Products made by DAUREKA SRL through the Website and do not apply to the sale of products and/or services by subjects other than DAUREKA SRL (“Third-party Sellers”). They can be amended at any time. Any amendments will be in force from the time of their publication on the Website in the “Terms and Conditions of Sale” section, available in the footer of each page of the Website. Users are therefore invited to access the Website regularly and to consult the latest version of the Terms and Conditions of Sale before making any purchase.

1.4 The applicable Terms and Conditions of Sale are those in force on the date of transmission of the Product purchase order.

1.5 Before proceeding to purchase Products through the Website, the user is obliged to carefully read the General Terms and Conditions of Sale, which DAUREKA SRL makes available in the “Terms Conditions of Sale” section on the Website and which the user is permitted to store or copy, as well as all other information that DAUREKA SRL provides on the Website, both before and during the purchase process.

1.6 These Terms and Conditions of Sale do not regulate the sale of products by subjects other than DAUREKA SRL which may be present on the Website through links, banners or other hypertext links. Before making any commercial dealings with these subjects, it is necessary to check their terms and conditions of sale. DAUREKA SRL is not responsible for the supply of services and/or for the sale of products by these subjects. DAUREKA SRL does not make any checks of or monitor the websites that can be consulted using these links. DAUREKA SRL is therefore not responsible for the contents of these websites or for any errors and/or emissions and/or breaches of laws by same.

1.7 These Terms and Conditions of Sale do not regulate the sale of products and/or services by Third-party Sellers. Before making any commercial dealings with these subjects, it is necessary to check their terms conditions of sale, as made available in the seller’s information sheet, which can be accessed by clicking on the seller’s name in the Product Page and at every stage of the purchase procedure. DAUREKA SRL, as supplier and technical manager of the platform, is not party to any sales contract between the user and a Third-party Seller. DAUREKA SRL is not responsible for the supply of services and/or for the sale of products by Third-party Sellers.

  1. Purchases from the Website

2.1 Products may only be purchased through the Website after registration on same with the methods set down in Art. 3 below; purchasing is available to users in their capacity as consumers and otherwise. Private individuals are only allowed to purchase through the Website if they are aged 18 or over.

2.2 Pursuant to Art. 3, subsection I, lett. a) of the Consumer Code, it is pointed out that private individuals who act outside of the entrepreneurial, commercial, artisan or professional activity carried out are consumers.

2.3 In case of orders which, regardless of origin, seem irregular with regard to the amount of products purchased or to the frequency of purchases made, DAUREKA SRL reserves the right to undertake all actions deemed necessary to ensure that the irregularities cease, including the suspension of access to the Website, cancellation of registration on the Website, or the non-acceptance or cancellation of irregular orders.

2.4 DAUREKA SRL reserves the right to refuse or cancel orders (i) from a user with which it has an ongoing legal dispute; (ii) from a user who has, in the past, breached these GCS and/or the conditions and/or terms of the purchase agreement with DAUREKA SRL; (iii) from a user who has been involved in fraud of any nature and, specifically, in fraud involving credit card payments; (iv) from users who have provided false, incomplete or in any case, inexact identification details, or who have not promptly sent documents requested by DAUREKA SRL as part of the procedure as per Art. 9.1.3 and 9.1.4 here below, or who have sent invalid documentation.

  1. Website Registration

3.1 It is free to register on the Website. To register, the user must complete the relevant form, in the event that the registration is part of the purchase process, the user must also enter address, telephone number, tax ID code or VAT registration number.

3.2 Website registration allows the user to carry out the following operations, through a personal, reserved area of the site:

  • order tracking;

  • consultation of own order history;

  • management of own personal details and editing of same at any time;

  • addition or editing of the credit card/s stored or deletion of any stored card details;

  • use of the targeted services that can be activated by DAUREKA SRL from time to time.

3.3 Registration credentials (email address and password) must only be used by the user and cannot be shared with third parties. The user undertakes to keep these details confidential and to ensure that no third party can access them, and to inform DAUREKA SRL immediately, at the number provided in Art. 15 below, in the event of suspicion or knowledge of wrongful access or disclosure of same. Each user is only permitted to register for the Website once. Users are not allowed to register for multiple accounts. In the event that DAUREKA SRL should find that a single user has registered for multiple accounts on the Website, DAUREKA SRL reserves the right to proceed immediately and without any prior warning, to block the relevant DAUREKA SRL account.

3.4 The user guarantees that the personal details provided during the registration procedure for the Website are complete and truthful, and that DAUREKA SRL will be held free and harmless against any damages, indemnity obligations and/or sanctions arising from and/or in any way connected to the breach by the user of rules pertaining to Website registration or the storage of registration credentials.

3.5 DAUREKA SRL declares that personal data collected for the user’s registration on the Website or for the conclusion of the contract as per Art. 4 below, will be processed in compliance with the current regulations on the subject of data protection, including, for example, the Regulation (EU) 2016/679 (GDPR), Lgs. Decree 196/2003 and subsequent additions and amendments (Privacy Code) and the privacy policy pertaining to personal data of DAUREKA SRL, which can be consulted at the following link: https://www.daureka.it/

  1. Information for Conclusion of Contract

In accordance with Legislative Decree no. 70 of 9 April 2003, and successive additions and amendments, on provisions for electronic commerce, DAUREKA SRL informs the user that:

  1. to conclude the purchase agreement for one or more Products on the Website, the user shall follow and complete the purchasing process;

  2. the contract is concluded when, in the dedicated area of the store, it is possible to view the “order confirmed” section, or when the customer receives email “order confirmation” from DAUREKA SRL;

  3. Before proceeding to transmit the order form, the user can identify and correct any errors or incorrect details, following the instructions on the Website during the different stages of the purchase process;

  4. the order form will be stored in the DAUREKA SRL database for the time necessary to execute the order and in any case, within the terms set out by law. The user can access the confirmed order and/or the details of same through their personal account.

The language available to users for the conclusion of the contract is Italian. The Customer Service is able to communicate with users in this language.

  1. Product Availability

5.1 I Products that are available for purchase from DAUREKA SRL using the Website are the same items in the electronic catalogue, published on the Website at the time of order.

5.2 Each Product is accompanied by an information page to illustrate the main technical characteristics (”Data Sheet”). The Products in the store are “available” and therefore, require no check as to availability.

At the end of the purchase procedure, the sales platform will send the customer a confirmation email containing information about the products and shipping/billing.
In case of orders for an Available Product, in the 7 (seven) working days after receipt of the order, DAUREKA SRL, in case of negative outcome of checks for availability, will send the user a second email, communicating the negative outcome. This message will be followed by cancellation of Payment Authorisation, as per Art. 9.1.1 below or, if necessary, full refund of any price paid by the customer at the time of order, according to the method of payment used. DAUREKA SRL informs you that the time required for the refund to be seen and/or released does not depend on DAUREKA SRL, which once the order for refund/release of the amount has been issued, cannot be considered in breach or responsible for the release/refund, since this is the responsibility of the credit institute or other credit providers, such as PayPal

5.3 Availability of Available Products is monitored and updated. Nonetheless, since the Website can be visited by more than one user at the same time, it may occur that more than one of these users purchase the same Product at the same time. In these cases, the Product may show as available for a short period of time, while it is sold out or not immediately available, since new stocks will need to be ordered.

5.4 If the Product is no longer available for the above reasons, or if the Product should become unavailable for different reasons, without prejudice to the user’s statutory rights and, in particular, from Chapter XIV of Title II, Book IV of the Italian Civil Code, DAUREKA SRL will inform the user immediately by email (“Order Comment Email”). The user can, therefore, immediately terminate the contract, pursuant to the provisions of Art. 61, subsections IV and V of the Consumer Code, without prejudice to the entitlement to damages, i.e., as an alternative and without affecting the right to accept one of the following proposals from DAUREKA SRL:

(i) should it be possible to restock the Product, an extension of the delivery term with indication as to the new delivery term for said restocked Product;

(ii) if it is not possible to restock the Product, the supply of a different product of equivalent or higher value, if, in this latter case, the difference is paid and subsequent to the express acceptance of the user.

The Email informing of unavailability will also contain details as to the different choices available to the user. The user’s choice shall be made known to DAUREKA SRL by email, at the address provided in Art. 15 below, within the term stated in the Email Advising of Unavailability, which may be different, also due to the type of Product, but which, in any case, cannot exceed 30 calendar days from the sending of the order, unless otherwise agreed between DAUREKA SRL and the user by email. The termination of the purchase agreement, pursuant to this paragraph involves termination of any connected credit agreement, as well as any other auxiliary agreement.

In the event the user decides to use the right to termination, as stated in Art. 61, subsection IV and V, Consumer Code, or in the case in which the user, informed of the unavailability of the Product and the different options for choice, pursuant to Art. 5.4 above, and does not make any choice known to DAUREKA SRL within the term set in the Email Advising of Unavailability or within a different agreed term, pursuant to Art. 5.4, above, and payment of the total amount owing, consisting of the price of the Product, delivery costs, if applied, and any other additional costs, as resulting from the order (“Total Amount Owing“) has already been made, DAUREKA SRL, without prejudice to the user’s right to damages, will refund the Total Amount Owing without undue delay and, in any case, within the term of 14 working days* from the date of termination of the contract or, respectively, from the day following the expiry of the term stated in the Email Advising of Unavailability or any other term agreed. The user will be informed of the refund amount by email. In case of payment using PayPal, this amount will be credited to the account used by the user to make the purchase. In case of payment by credit card, within the same term as stated above, DAUREKA SRL will proceed to cancel the Payment Authorisation, as per Art. 9.1.1 below, and to the release of the Total Amount Owing, as stated in the authorisation, without prejudice to the fact that this release will in any case occur on expiry of the Payment Authorisation, as per Art. 9.1.1. below. Any delays in payment or release may depend on the banking institute, on the type of credit card or on the payment solution used. In the other cases, DAUREKA SRL will ask the user to provide, via email, bank details as needed to make the refund. Termination of the purchase agreement, pursuant to the above articles, involves termination of any credit agreement that may be connected, as well as of any other auxiliary agreement.

5.5 In the event of orders for several Products (”Multiple Order”), should some of the Products in the Multiple Order become unavailable – without prejudice to the rights accorded to the user by law and specifically, by Chapter XIV of Title II in Book IV of the Italian Civil Code, and without prejudice to the application of Articles 5.4 and 5.5 above, in the event that the unavailability concerns all Products in the order – DAUREKA SRL will immediately inform the user by Email Advising of Unavailability. The user can thus terminate the contract immediately, pursuant to the provisions of Art. 61, subsections IV and V of the Consumer Code, without prejudice to the right for damages, i.e., as an alternative and without affecting the right to accept one of the following proposals from DAUREKA SRL:

(i) if possible, to restock the Products in the Multiple Order that have become unavailable, an extension of the terms of delivery for said Products, and indication of the new term of delivery for same;

(ii) if it is not possible to restock the Product and/or Products that has/have become unavailable, the supply, as a replacement for the Products in the Multiple Order that have become unavailable, of different products of equivalent or higher value, if, in this latter case, the difference is paid and subsequent to the express acceptance of the user.

The Email Advising of Unavailability will also contain details as to the different choices available to the user. The user’s choice shall be made known to DAUREKA SRL by email, at the address provided in Art. 15 below, within the term stated in the Email Advising of Unavailability, which may be different, also due to the type of Product, but which, in any case, cannot exceed 30 calendar days from the sending of the order, unless otherwise agreed between DAUREKA SRL and the user by email.

Termination of the purchase agreement pursuant to this paragraph will involve termination of any credit agreement linked to the purchase and to the termination of any auxiliary contract to the partially terminated agreements, limited to those cases in which connection and incidental nature pertains to the Product/s that is/are indispensable.

5.6 If the user avails of the right of termination pursuant to Art. 61, subsection IV and V, Consumer Code, the purchase agreement for the Product and/or Products that have become unavailable will be terminated in part, limited to that/those Product/s, with resulting refund, in the event payment has already been made, of the sum owed with regard to these Products, including delivery costs, calculated as stated in Art. 10.3 below, and all other additional costs owed with specific regard to these Products (“Partial Amount Owed“); termination of the whole Multiple Order will only be possible in the case of the evident and proven accessory nature of the Products in the Multiple Order that have become unavailable with regard to the other and available Products in the Multiple Order. The Partial Amount Owed with regard to the Product/s that has/have become unavailable will be refunded to the user without undue delay and in any case, within the terms of 14 working days from the date of termination of the contract. In the case in which the user, informed of the unavailability and the different choice options, pursuant to Art. 5.4 above, does not inform DAUREKA SRL of any choice within the term set in the Email advising of Unavailability or within an otherwise agreed term, pursuant to the above Art. 5.6, DAUREKA SRL, without prejudice to the user’s right for compensation of damages, will refund the Partial Amount Owed, without undue delay and, in any case, within the term of 14 working days* from the day after the expiry of the term stated in the Email Advising of Unavailability or within the otherwise agreed term. The user will be informed of the refund amount by email. In case of payment using PayPal, this amount will be credited to the account same means of payment used by the user to make the purchase. In case of payment by credit card, within the same abovementioned term, DAUREKA SRL will proceed to cancel the Authorisation for Payment, as per Art. 9.1.1 below, limited to the Partial Amount Owed and to the release of said sum or, in the event that this is not permitted by bank procedures, to the payment of the whole Total Amount Owed at the time of shipping and at the same time, refund of the Partial Amount Owed to the same means of payment used for the initial transaction, without prejudice to the fact that the release will take place automatically, upon expiry of the Payment Authorisation, as per Art. 9.1.1. below. Any delays in payment or release may depend on the banking institute, on the type of credit card or on the payment solution used. In the other cases, DAUREKA SRL will ask the user to provide, via email, bank details as needed to make the refund. Termination of the purchase agreement, pursuant to the above articles, involves termination of any credit agreement that may be connected, as well as of any other auxiliary agreement.

  1. Product Information

6.1 Each Product is accompanied by a Product Sheet. The images and descriptions on the Website provide faithful reproductions of the Product characteristics, insofar as this is possible. The colours of the Product, however, may differ from actual colours, due to the effect of settings on IT systems or on the computers used by users to view them. Product images on the Website may also differ in terms of size or relationship to any auxiliary products. These images must therefore be understood as indicative and with tolerances. For the purposes of the purchase agreement, the description of the Product contained in the order form transmitted by the user shall apply.

  1. Prices

7.1 All Product prices published on the Website are in euro and understood as being inclusive of VAT. Delivery charges, which can vary according to the chosen delivery method and/or the method of payment used, will be specifically stated (in Euro and inclusive of VAT) during the purchase procedure, before the user is bound by the purchase agreement, in the order summary and in the order confirmation email.

7.2 DAUREKA SRL reserves the right to make changes to the price of Products at any time and also, if necessary, several times during the course of the same day. It remains understood that the price of the Product that will be charged to the user will be that stated in the order summary, as viewed by the user before making the order and which will not take into account any changes (increases or reductions) after the order itself is transmitted.

7.3 In the event that a Product is made available on the Website at a discounted price, the Website will state (i) the full price of reference and against which the discount is calculated and (ii) what the full reference price corresponds to. It remains understood that Product prices will only be discounted in the event that the full price of reference for the Product is the actual market price for same.

  1. Purchase Orders

8.1 The purchase agreement is subject to the condition that failure to pay the Total Amount Owed, i.e., in the event of payment by credit card, the unsuccessful outcome of the Payment Authorisation, as per Art. 9.1.1 below. In the event this payment is not made, i.e., the Payment Authorisation, as per Art. 9.1.1 below, is unsuccessful, the agreement will be understood as terminated by law. The user will be immediately informed of termination and cancellation of the order: (i) immediately after transmission of the order, via Website, in the event that the chosen method of payment was credit card, as well as by email; (ii) by email in the event the user has chosen one of the other methods of payment made available by DAUREKA SRL, including PayPal.

8.2 Ownership of the Products will be transferred to the user at the time of delivery by the carrier.

8.3 The user may cancel the order before receipt of the Shipping Confirmation (as defined in Art. 9.1.1), provided that the order has not been prepared for the shipping process. In this case, the user will not be subject to any charge. This is in any case without prejudice to the right of withdrawal under the terms and conditions stated in Art. 11 below.

8.4 To be able to send an order for a Product via the Website, it is necessary to have read and carefully examined the GCS.

  1. Payment Methods

  2. Payment for Products purchased through the Website can be made using the methods described in the following sections. Some methods of payment may not be accepted due to the type of Product purchased and/or the shipping or delivery methods. In case one of these methods cannot be used for a specific Product or order, this will be clearly stated on the Website before the purchase process can take place. Unavailable methods of payment will not be able to be selected by the user during the specific step (“Choose payment and continue”) of the purchase process.

9.1 Credit Cards

9.1.1 Payment for Products purchased on the Website can be made by credit card, directly through the Website. DAUREKA SRL accepts cards from the VISA, Mastercard, American Express, and Maestro, as well as other methods of payment, as stated on the website. Accepted credit cards and methods of payment are in any case stated in the footer of every page on the Website. The Total Amount Owed will immediately reserved on the card but not charged until such time as the Products are shipped (the “Shipping Confirmation”). DAUREKA SRL reserves the right to check the validity of credit and debit cards, the credit status with regard to the value of the order and the correctness of the purchaser’s address (“Payment Authorisation”).

Payment Authorisation is not a charge. Some banks show Payment Authorisations as “pending payments”. For more information about authorisation procedures and the release time for blocked sums, please contact your bank. It is possible that Payment Authorisation for the user’s credit card is not successful at the first try.

In this case, DAUREKA SRL will inform the user through the Website and via email.

DAUREKA SRL may refuse the order based on the results of these checks.

9.1.2 In order to guarantee the secure nature of payments made through the Website and to prevent any frauds, DAUREKA SRL reserves the right to ask the user, via email, to send, also via email, a copy of both sides of their identity document and in the event that the order is made out to someone other than the card holder, the ID document of this latter. The document must be valid. In the request email will specify the deadline by which the document must be sent to DAUREKA SRL. This deadline will not, in any case, exceed 5 working days as from the user’s receipt of the request. The order will be suspended while awaiting the required document. The user is obliged to send the required documents within the term stated.

9.1.3 In the event that DAUREKA SRL does not receive these documents before the deadline stated in the email request, or if it receives expired or invalid documents, the contract will be considered to be terminated by law, pursuant to Art. 1456 of the Italian Civil Code, and the order is cancelled as a result, without prejudice to the right of DAUREKA SRL to compensation for any damages it may incur due to the non-compliant conduct of the user. Termination of the contract, of which the user will be informed by email, no more than 5 working days from expiry of the term for sending the documents required by DAUREKA SRL, will involve cancellation of the order with refund of the Total Amount Owed, in the event this has been paid, by credit to the means of payment used. In the event of timely receipt by DAUREKA SRL of the valid documentation requested, the terms of delivery applied to the order will commence from the date of receipt of this documentation.

9.1.4 DAUREKA SRL uses a secure payment service for the company, which includes the use of SSL safety protocol. The reserved information on the credit card (card number, card holder’s name, expiry date, security code) are encrypted and managed by the payment service.

9.3 PayPal

9.3.1 Payment for Products purchased on the Website can be made using PayPal. Users who choose PayPal will be redirected to the website www.paypal.it, where they can pay for the Products following the procedure set out and regulated by PayPal and according to the terms and conditions of their agreement with PayPal. The data entered on the PayPal website will be processed directly by same and will not be transmitted to or shared with DAUREKA SRL. .

DAUREKA SRL is therefore not able to know or store details for the credit card connected to the user’s PayPal account, or the details of any other means of payment connected to this account.

9.3.2 In case of payment using PayPal, the Total Amount Owed will be charged by PayPal to the user at the time of conclusion of the contract online. In case of termination of the contract and in any other case of refund, for whatever the reason, the total amount of the refund will be credited to the user’s PayPal account. The time for making refunds to the means of payment connected to the account depend exclusively on PayPal and the banking system. Once the payment order has been made for this account, DAUREKA SRL cannot be held responsible for any delays or omissions to crediting the refund amount to the user, and therefore, any dispute for same is to be brought directly to PayPal.

  1. Method, Costs and Terms of Delivery

10.1 Products are delivered by GLS or DHL.

10.2 At the time of shipping, the user will be informed by email of the link containing a tracking number for the user to check the status of the shipment.

10.3 Delivery depends on payment and, unless otherwise agreed, the costs are charged to the user. The delivery costs owed by the user for a specific order, are expressly and separately stated (in euro and inclusive of VAT) during the purchase process, in the order summary, and in any case, before the user can proceed with order transmission. In case of partial cancellation of Multiple Orders, the amount charged for delivery to be refunded to the user will be equivalent to the delivery costs that the user would have paid for the single Product that has been cancelled, as resulting from the Product Sheet, with regard to the specific delivery method chosen. Under no circumstances will the delivery charge to be refunded be permitted to exceed the amount of costs actually paid by the user for delivery.

10.4 In the order summary and therefore, before the user proceeds to transmit same, the total price of the order will be stated with separate entry for the delivery charge and any additional charges. This total, which will also be indicated to the user in the order confirmation email, is the total amount owed by the user with regard to the Product. For each sale made on the Website, DAUREKA SRL will issue an invoice, sending same to the addressee of the purchase order by email. For the issue of the invoice, the information provided by the user at the time of transmitting the order through the Website and which the user guarantees to be a true reflection of the situation. No variations to the invoice will be possible after the issue of same. The user undertakes to hold DAUREKA SRL free and harmless against any damage that can arise, including any sanctions, in the event that the information provided by the user through the Website for issue of the invoice does not reflect the truth.

10.5 Products purchased through the Website will be delivered to the postal address specified by the user in the order form.

10.6 Home Delivery

10.6.1 In the event that the user chooses Home Delivery, the Products will be shipped and delivered to the postal address provided by the user in the order form. Different methods of Home Delivery are made available to the user (e.g.: Express Courier) and for each one, the relevant costs are stated during the purchasing process, before the user proceeds to transmit the order.

10.6.2 Home Delivery of the Product is understood as being at street level, unless otherwise stated.

10.6.3 The user acknowledges that collection of the Product is obligatory. In the event that the Home Delivery method chosen by the user does not include delivery at a chosen time, in case of non-delivery due to the absence of the recipient, the courier will leave a note to record the delivery attempt (transit advice note). The note will also contain the addresses at which the user can contact the courier to arrange a new delivery or to collect the package. After a failed delivery attempt, the package will be stored with the courier. The user is obliged to collect the package within 3 calendar days from the second day after the date on which the Transit Advice Note was left. If the user should fail to collect the Product within this time, the purchase agreement can be considered as terminated by law, pursuant to Art. 1456 of the Italian Civil Code. DAUREKA SRL will therefore proceed, within 15 successive working days from the termination of the agreement, to refund the Total Amount Owed, if already paid by the user, minus the costs of the unsuccessful Home Delivery, storage costs, costs to return the items to DAUREKA SRL and any other costs accrued due to the lack of delivery on account of the recipient’s absence. Termination of the contract and the total amount of the refund will be communicated to the user by email. In case of payment using credit card or PayPal, this amount will be credited to the same payment method used to make the purchase. Any delays in payment or release may depend of the banking institute, credit card type or payment solution used. In the other cases, DAUREKA SRL will ask the user to provide, via email, bank details as needed to make the refund.

10.6.4 The user is obliged to point out any specific characteristics regarding the place of delivery for the Product and/or the location, adding a note to the order in the specific space made available at the end of the purchase procedure

 and before shipping the order. In case these indications are not provided or are incorrect, any additional costs incurred by DAUREKA SRL to deliver the Product will be met by the user.

10.7 Provisions common to all types of delivery

10.7.1 During the purchasing process, before the user transmits the order, the terms by which DAUREKA SRL undertakes to deliver the Products ordered by the user will be provided, taking into account, as well as the delivery area and method, the possibility that the user will be purchasing more than one Product in the same order. The terms of delivery will commence on the conclusion of the contract (i.e., shipping of the order), unless otherwise stated. The terms of delivery for the specific order will also be stated in the order confirmation. In case of failure to state the terms of delivery, this will fall due in any case, no later than thirty days from the date of conclusion of the contract. This is without prejudice to that stated in the above Art. 9.03 with regard to Mixed Orders or Orders within the Mixed Order.

10.7.2  In the event that the purchased Product is not delivered or is delivered late compared to the terms of delivery stated during the purchase process and order confirmation, the user, pursuant to Art. 61 of the Consumer Code, invites DAUREKA SRL to make delivery within an extended delivery time, suitable to the circumstance (“Extended Term ex Art. 61, subsection III, Consumer Code“). If this additional term falls due without delivery of the Products, the user is legally entitled to terminate the agreement (“Termination of Agreement ex art. 61, Subsection III, Consumer Code“), without prejudice to the right to compensation for damages. The user does not have to grant DAUREKA SRL the Extended Term, as per Art. 61, subsection III, Consumer Code (“Excluded Cases“) if:

  1. a) DAUREKA SRL has expressly refused to deliver the Products;

  2. b) compliance with the term of delivery stated during the purchasing process and in the order confirmation must be seen as essential, taking into account all of the circumstances that accompanied the conclusion of the contract;

  3. c) the user has informed DAUREKA SRL, before conclusion of the contract, that delivery within or on a specific date is essential.

In Excluded Cases, if the Products are not received within the delivery term stated during the purchasing process and order confirmation, the user is entitled to terminate the contract with immediate effect, without prejudice to compensation for damages (”Termination of Contract in Excluded Cases”). Indication of the Extended Term, as per Art. 61, subsection III, Consumer Code and notification of Termination of the Contract as per Art. 61, subsection III, Consumer Code or Termination of the Agreement in Excluded Cases, shall be made known to DAUREKA SRL, by the user, at the addresses in Art. 15 below. In case of Termination of Contract, as per Art. 61, subsection III, Consumer Code or Termination in Excluded Cases, DAUREKA SRL will refund the full Amount Owed to the user without any undue delay. The refund will be made according to the methods stated in Art. 10.9.6 below.
In any case, DAUREKA SRL undertakes to inform the user in due time and by email, of any delay in delivery (”Delay Notification Email”), stating the new term of delivery, if available (”New Term of Delivery”) and, in case the user does not proceed to set the Extended Term as per Art. 61, subsection III, Consumer Code or, given the necessary conditions, to Termination of the Contract, as per Art. 61, subsection III, Consumer Code or Termination of the Contract in Excluded Cases, without prejudice to the possibility for the user to make recourse to these means and/or ordinary means of protection made available by law and specifically, Section XIV of Title II, Book IV of the Italian Civil Code, DAUREKA SRL undertakes, in any case:

(i) in case of delivery delays between 1 and 3 working days regarding the New Delivery Term, to refund the user who requests it, the delivery costs, if already paid, within the term of 10 working days from the expiry of the New Delivery Term, or, not to request payment of the user requesting same, if not yet paid;

(ii) in case of delivery with a delay between 4 and 10 working days with regard to the New Delivery Term, to allow the user making request, to refuse to accept delivery and to terminate the agreement, with resulting refund of the Total Amount Owed, if already paid and in any case, no more than 10 working days from the request to terminate the contract, or alternatively, in the event the user does not wish to terminate the contract, to refund the user requesting same, with the delivery costs, if already paid, before the deadline of ten working days from request or not to request payment of the user making a request to this regard, if not already paid;

(iii) in case of delivery delays above 10 working days with regard to the New Delivery Term or in any case, more than 20 days from the original delivery term, offer the user who requests it, in addition to that set down in the above Art. 10.10.2 (ii) the supply of a different Product of equivalent or superior value product, subject to payment, in this latter case, of the difference and to the express consent of the user.

10.7.3 In the event of failure to send the Delay Notification Email or failure to set the New Term of Delivery in same, all terms as mentioned in the above Arts. 10.10.2 (i), (ii) and (iii) and 10.10.3 (i), (ii) and (iii) will run from the original term of delivery.

10.7.4 Acceptance of the New Term of Delivery in the case in which Articles. 10.10.2 and 10.10.3 and the user’s choice, in the case in which Articles 10.10.2 (ii) and (iii) and 10.10.3 (ii) and (iii), shall be communicated to DAUREKA SRL in good time and by email at the address as stated in Art. 15 below.

10.7.5 In all cases as stated in the abovementioned Articles 10.10.2 and 10.10.3 in which the user is entitled to a refund, the amount will be communicated to the user by email. It will be accredited to the same payment means used by the user to make the purchase, in case of payment using credit card or PayPal. In the other cases, DAUREKA SRL will ask the user to provide the bank details needed to make the refund. Any delays may depend of the banking institute, credit card type or payment solution used.

10.7.6 It is the user’s responsibility to check the condition of the product on delivery of same. Without prejudice to the fact that the risk of Product loss or damage, for reasons that cannot be attributed to DAUREKA SRL is transferred to the user, when same, or a third party appointed by same or other than the carrier, enters into material possession of the Products, the user is advised to check the number of Products received and to ensure that the packaging is whole, undamaged, and not wet or altered, including the material used for closure (adhesive tape or metal clips), the user is also invited, in their own interest, to state any anomalies found on the carrier’s transport document, accepting the package with reservation. Receipt of the Products without reservation does not allow the user to act legally against the courier in the case of lost or damaged Products, except in the case in which said loss or damage is caused by gross negligence on the part of the courier and with the exception of the partial loss or damage that cannot be seen at the time of delivery, provided, in this latter case, that the damage is reported as soon as it becomes evident and not later than eight days after receipt. In case the packaging has evident signs of tampering or alteration, the user is advised to communicate this immediately to the Customer Service Dept. This is without prejudice, in any case, to the application of regulations concerning the right to withdraw from contract and to statutory conformity guarantees.

  1. Withdrawal Clause

11.1 Without prejudice to that stated in Art. 11-bis.1 below, pursuant to Articles 52 and successive of the Consumer Code, the user who is in the position of consumer, has the right to terminate the purchase agreement for the Product without any need to provide grounds for same and without needing to meet costs other than those set down in Arts. 11.5 and 11.9 below, within the term of fourteen calendar days (“Cooling-off Period“). The Cooling-off Period expires after 14 days;

11.2 To exercise the right of withdrawal, the user shall inform DAUREKA SRL, before the expiry of the Cooling-off Period of the decision to withdraw.

11.3 To exercise the right of withdrawal, the user can:

(a) use the withdrawal form provided by DAUREKA SRL (“Model Withdrawal Form“), or
(b) present any other explicit statement of the decision to withdraw from the contract (“Declaration of Withdrawal“), for example, sending an email to  info@fitlock.it, stating the order number and the product for which the right of withdrawal is being used.

11.3-bis Without prejudice to sending the Online Withdrawal Form, the Model Withdrawal Form or Declaration of Withdrawal must be sent to the following address: DAUREKA SRL, Fibonacci 924 56031 Bientina (PI),

11.3-ter In all cases of exercising the right of withdrawal, regardless of the method used, DAUREKA SRL will send the user an email confirming receipt of the request (“Withdrawal Confirmation Email”). A PDF document will be annexed to the email, containing (i) a pre-completed label that the user can attach to the package to accelerate the shipping process

11.4 The user has exercised the right of withdrawal within the Cooling Off Period if the notification of same is sent by the consumer before the expiry of said period. In the event that the user is availing of the Withdrawal Declaration, they are invited to enter, in said Withdrawal Declaration, the order number, the Product/s for which the right of withdrawal is being used, and their address. Since the burden of proof concerning the use of the right of withdrawal before expiry of the Cooling-off Period lies with the user, it is in the interest of this latter to use a durable means when notifying DAUREKA SRL of termination of the agreement.

11.5 The user must return the Products to DAUREKA SRL, using a carrier of their own choice and at their own expense, without undue delay and in any case, within the term of 14 calendar days from the date on which the decision to withdraw from the agreement was made known to DAUREKA SRL. The term is complied with if the user returns the Products before expiry of the fourteen-day period (“Return Deadline”) The Product, suitably protected and packaged, must be sent to the following address: DAUREKA SRL, C/O Via L. Fibonacci 924 56031 Bientina (PI), The return of the Product to DAUREKA SRL occurs under the responsibility and at the expense of the user.

11.6 If the user decides to withdraw from the agreement, DAUREKA SRL will proceed to return the Total Amount Owed, paid by the user for the Product, including delivery costs and any additional costs arising from user’s choice of a different delivery type from standard, i.e., the least expensive option offered by DAUREKA SRL, without undue delay and in any case, not more than 14 calendar days from the date on which DAUREKA SRL was informed of the user’s decision to withdraw from the agreement. The refund will be paid using the same means as used by the user, in case of payment using credit card or PayPal, unless the user has expressly agreed otherwise. In other cases, DAUREKA SRL will ask the user to provide the bank details necessary to make the refund, unless the user has expressly agreed otherwise.

11.7 The user is responsible solely for the reduction in the value of goods resulting from handling the Product in a way different from that necessary to establish the nature, characteristics and operation of the Product. The Product must in any case be kept, handled and inspected with the normal due care and returned, undamaged, and complete in all its parts, in perfect working order, together with all accessories and instruction leaflets, identification tags, labels and single-use seal, where present, still attached to the Product and integral and not tampered with, as well as perfectly suitable for intended use and free from signs of wear or soiling. Withdrawal is only applicable for the Product as a whole. It cannot therefore, be used with regard to parts and/or accessories of the Product. The Product Page will expressly state whether the original packaging is to be considered part of the Product, for the purposes of exercising the right of withdrawal.

11.8 In case of withdrawal that does not comply with the applicable regulations, this will not lead to the termination of the agreement and does not entitle the user to any refund. DAUREKA SRL will inform the user, by email, no later than 5 working days from receipt of the Product, rejecting the right of withdrawal. The Product will remain with DAUREKA SRL and at the disposal of the user for collection, which shall be made at the expense and under the responsibility of the user.

11.9 In case the Product for which the right of withdrawal is being used, has been subject to a reduction in value resulting from the handling of the good in a way unlike that necessary to establish the nature, characteristics and operation of the Product, the refund amount will reflect this reduction. This situation and resulting reduced refund amount will be communicated by DAUREKA SRL to the user, by email, no more than 5 working days from receipt of the Product, providing same and in the event that the refund has already been paid, the bank details for the amount owed by the user due to a reduction in the value of the Product.

11.10 The right of withdrawal does not apply in case of:

– supply of goods prepared to size or clearly customised;

This exclusion from the right of withdrawal will be specifically and expressly noted on the Product Page, as well as during the purchasing process, before the user proceeds to transmit the order.

11.11 In the event that the right of withdrawal is used in compliance with that stated in Art. 52 et seq. of the Consumer Code, by a user who has chosen to pay in instalments using x3x4 Oney as per Art. 9.6 above, the financing agreement will be considered as terminated by law, without any penalty, pursuant to Art. 58 of the Consumer Code. This exclusion from the right of withdrawal will be specifically and expressly noted on the Product Page, as well as during the purchasing process, before the user proceeds to transmit the order.

  1. Statutory Guarantee of Conformity

12.1 All products sold on the Website are covered by a statutory guarantee of conformity, as set down in Articles 128-135 of the Consumer Code as amended by recent European provisions (and specifically, Directive (EU) 2019/771, the so called Sales of Goods Directive and the Directive (EU) 2019/2161, so-called Consumer Omnibus Directive (”Statutory Guarantee’‘).

12.2. To whom it applies

The Statutory Guarantee is reserved to consumers. Therefore, it only applies to users who have purchased through the Website for purposes other than the entrepreneurial, business, handicrafts or professional activity performed. Those who have purchased through the Website and who are not consumers, will be entitled to the guarantee against defects, the guarantee by default, for essential and promised quality, and other guarantees as provided for in the Italian civil code with the relevant terms, forfeiture and limitations.

All products sold by DAUREKA S.R.L. are covered by statutory warranty by the manufacturer and for a period of 24 months against non-conformities, pursuant to current law. The guarantee is strictly limited to the replacement of faulty parts.

12.3. When it applies

The seller (and therefore, as far as concerns the purchase of Products by fitlock.store, DAUREKA SRL) is responsible towards the consumer:

  1. for any existing defects in conformity at the time of delivery of the product; and

  2. which occurs within two years of this delivery. No more than 2 (two) years of delivery of the product, the consumer may apply the statutory guarantee and report any defect in conformity (as described below) of the Product.

Unless otherwise proven, it is presumed that any conformity defects coming to light within twelve months from delivery of the product, existed already at such time, unless this hypothesis is not compatible with the nature of the product or conformity defect. From the thirteenth month from delivery of the product, it will be the responsibility of the consumer to prove that the conformity defect already existed at the time of delivery of same.

12.4 To be able to use the Statutory Guarantee, the user must first of all provide proof of the date of purchase and delivery of the item. It is therefore, advisable for the user, for this purpose, to keep confirmation of the order or purchasing invoice, as well as the transport document or any other document that can certify the date of purchase and of delivery (for example, a credit card or bank statement).

12.5. What is a defect in conformity?

A conformity defect is when the purchased item:

  • is not suitable for the standard use of items of the same type;

  • does not conform to the seller’s description and does not have the qualities that the seller presented to the consumer as a sample or model;

  • does not have the standard quality and performance of an item of the same type, and which the consumer can reasonably expect, taking into account the declarations made in advertising or labels;

  • is not suitable for the specific use required by the consumer of which the seller has been informed by said consumer at the time of conclusion of the contract as accepted by the seller.

12.6 The scope of the Statutory Guarantee does not include any failures or malfunctions caused by accidents or due to the user’s responsibility, i.e., from use of the product that does not comply with its intended use and/or as stated in the technical documentation annexed to the product.

12.7. What to do if a defect in conformity is found

In case the Product, during the period of validity of the Statutory Guarantee, should reveal what may be classified as a conformity defect, the user must contact the Customer Service, using the contact details as per Art. 15 below. DAUREKA SRL will provide a timely response to the notification of the presumed conformity defect, informing the user of the specific procedure to be followed.

This is without prejudice to the fact that DAUREKA SRL remains the subject responsible for application of the Statutory Guarantee with regard to the Products. DAUREKA SRL is not responsible for the application of the Statutory Guarantee for products sold by Third Sellers.

12.8 In the case, as per Art. 12.8 above, DAUREKA SRL will collect the Product and contact the customer for the delivery of equivalent goods to replace those with ascertained conformity defect.

12.9 In all cases, the repair or replacement of faulty Products, if owed, will be made in the shortest amount of time possible and in any case, except in exceptional cases or due to force majeure, no more than 60 calendar days from the date on which DAUREKA SRL received the faulty product. In the event that replacement or repair as initially chosen is not carried out within this term, the user may request one of the alternative remedies set out in the Statutory Guarantee (replacement, reduction in price, or termination of contract).

12.11 DAUREKA SRL reserves the right to ask the user to attach the invoice for the order to their request to use the Statutory Guarantee of Conformity.

13. Customer Assistance and Complaints

13.1 It is possible to ask for information, send notification or forward complaints through the customer service at DAUREKA SRL (”Customer Service”) using one of the following methods:

  • email, at info@fitlock.it;

  • by post, writing to DAUREKA SRL, Fibonacci 924 56031 Bientina (PI),

  • through the Website, accessing the “Contacts” section;

  • by telephone, at +39 0587 756407

13.2 DAUREKA SRL will answer complaints by email or post, within a maximum of two days from receipt of same.

  1. Applicable law; Settlement of disputes out of court – Alternative Dispute Resolution/Online Dispute Resolution

  2. 1 The purchase agreement concluded on the Website is regulated by Italian law.

14.2 This is without prejudice to the application to consumers who do not habitually reside in Italy of more favourable or mandatory provisions, as set down in the law of the country in which they normally reside, in particular regarding the deadline for using the right of withdrawal, the term for returning the Products, in case of using this right, the methods and formalities concerning communication of same and the statutory guarantee of conformity.

14.3 You are reminded that in the case of consumers, all disputes regarding the application, performance and interpretation of these Conditions of sale will be regulated by the court of the place in which the user resides or is domiciled.

14.4 Pursuant to Art. 141-sexies, subsection 3 of Legislative Decree no. 206 of 6 September (Consumer Code), DAUREKA SRL informs the user who is classed as a consumer, as per Art. 3, subsection 1, lett. a) of the Consumer Code that, in the event they have made a complaint directly to DAUREKA SRL, following which it was not however possible to solve the resulting dispute, DAUREKA SRL will provide information concerning Alternative Dispute Resolution organisations for out-of-court settlement of disputes regarding obligations arising from a contract concluded based on these Conditions of Sale (so-called ADR bodies, as stated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not they intend to use such bodies to solve the dispute. DAUREKA SRL also informs the user classified as consumer, as per Art. 3, subsection 1, lett. a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (ODR platform). The ODR platform can be consulted at the following address: //ec.europa.eu/consumers/odr/; using the ODR platform, the consumer can consult the list of ADR bodies, find links to the websites of each one, and start an on-line dispute resolution process. This is without prejudice, in any case, to the consumer’s right to bring action before the competent court for the dispute arising from these Conditions of Sale, whatever the outcome of the out-of-court action, as well as the possibility, in the event of preconditions being met, to promote an out-of-court settlement of disputes concerning the consumer relationship making recourse to the procedures as per Part V, Title II-bis of the Consumer Code. The user residing in a European Union member state other than Italy, may also access, for all disputes regarding the application, execution and interpretation of these Conditions of Sale, to the European procedure implemented for small disputes, for Regulation (EC) no. 861/2007 of the Council, of 11th July 2007, provided that the value of the dispute does not exceed, excluding interests, fees and costs, Euro 2,000.00. The text can be read on the website www.eur-lex.europa.eu