Pursuant to Legislative Decree no. 206/2005, the “Consumer Code”, and any subsequent amendments, the customer, identified by law as a consumer, is able to exercise their right to cancel an order without being penalised or having to provide any reasons, within 14 (fourteen) days. It should be noted that the physical person making purchases “for purposes that are not related to business or professional activities” is considered to be a consumer. Legal and physical persons who make purchases for business purposes therefore do not have the right to cancel their order. It goes without saying that if the Customer includes a VAT number when registering their tax details, they will automatically qualify as a legal person.
In order to exercise their right to cancel, the Customer must communicate their decision to terminate their contract in writing, either by sending a letter in the post (to be sent to the registered offices of Alessandro Di Marco srl Via F. Ferrucci no. 331 – 59100 Prato) or e-mail (to be sent to email@example.com). To do this, the Customer can use the Returns Form, which can be downloaded from the website www.alessandrodimarco.com in the returns section, or it can be requested from our Customer Care team. However, in order to be able to respect the cancellation deadline, it is not obligatory for the Customer to use this form. It is enough to send written notification of their intention to exercise their right to cancel before the cancellation period expires.
It should be noted that the right to cancel can be validly exercised only if the products purchased are returned intact in their original packaging, and come complete with all of their parts (including any packing materials or accessories) in the same state they were received in.
WHAT HAPPENS WHEN YOU CANCEL
The Customer terminating the contract will be refunded all payments that they have paid to us, including any shipping costs incurred for sending their purchased items (except for additional costs resulting from choosing a different shipping option from the standard one offered by Alessandro Di Marco srl), without undue delay and no later than 14 (fourteen) days of Alessandro Di Marco srl receiving the items. These refunds will be paid using the same payment method used by the Customer for the initial transaction, unless they have expressly arranged for another method to be used; in any case, they will not bear any costs as a consequence of this refund. We kindly ask Customers to send their items to Alessandro Di Marco srl (Via F. Ferrucci no. 331 – 59100 Prato) without undue delay and within 14 (fourteen) days of informing Alessandro Di Marco srl of the termination of their contract. The deadline has been met if the Customer returns their items before a period of 14 (fourteen) days has passed.
The direct costs of returning items will be borne by the Customer. They are also solely responsible for any decrease in value of their items caused by them being handled in a manner other than that necessary for ascertaining the nature, characteristics, and function of the items.
Pursuant to article 130 of the Consumer Code, if purchased products do not comply with the contract of sale, the Customer has the right to get their purchased product repaired or exchanged, or, alternatively, to receive a suitable reduction in its price, or to dissolve the purchase agreement.
Pursuant to article 132, paragraph 2 of the Consumer Code, this guarantee comes into effect when a fault in the conformity of an item appears within 2 (two) years of it being delivered.
The Customer must report in writing, within the deadline, the non-conformity of their purchased product within 2 (two) months of discovering the defect. This should be sent to the registered offices of Alessandro Di Marco srl, and according to the methods described in detail on the Returns Form, which can be requested from the offices of Alessandro Di Marco srl or downloaded from the website www.alessandrodimarco.it (the Information section).
INVALIDITY OF CANCELLATION
If the cancellation has not been carried out in accordance with the previsions set out by its applicable regulations, the cancellation will not be considered valid and, consequently, you will not have the right to be refunded the Amount paid. In this case, ADM will inform the Customer in good time. If it has already been sent back to ADM, the Product will remain at ADM for the Customer to collect, the costs and responsibility for which are to be borne by the Customer him or herself.
INFORMATION ON THE PROCESSING OF PERSONAL DATA (ART. 13 OF LEGISLATIVE DECREE 196/2003)
Pursuant to art. 13 of the Legislative Decree no. 196 of 30 June 2003, the “Code for the protection of personal data” (“Privacy Code”), and its subsequent amendments, Alessandro Di Marco s.r.l, with registered offices in Prato (PO), in Via F. Ferrucci no. 331 (“ADM”), in its capacity as a data controller in accordance with art. 4 of the Privacy Code, shall provide users of its website alessandrodimarco.com (the “Website”) with information on the use of the personal data as detailed below. This information is not valid for other websites that may be accessed via links on the website, which is not responsible in any way for the websites of third parties.
The Data Controller is Alessandro Di Marco s.r.l, with registered offices in Prato (PO), in Via F. Ferrucci no. 331, e-mail: firstname.lastname@example.org, with himself as the legal pro-tempore representative.
SOURCE OF DATA AND TYPE OF DATA PROCESSED
The personal data processed by ADM are provided directly and voluntarily by the Website’s users when they register in order to access the services it offers (for example, the online-shop service or signing up to the newsletter). By personal data, we mean: name, surname, e-mail address, shipping address, tax code and/or VAT number, and other optional pieces of information.
The information collected by cookies can also be used to create a “profile” of the interests exhibited by the user whilst browsing, and, as a consequence, they can be used to make browsing on the Website more efficient.
The personal data provided voluntarily by users will only be used for carrying out all activities related to the sale of Alessandro Di Marco products through the Website, and, with the consent of the user, for advertising purposes (newsletters, news, promotions, and information on our products that may be of interest to the user).
These data will also be processed in order to adhere to obligations prescribed by laws, regulations, and EU legislation, as well as those prescribed by guidelines prepared by supervisory bodies and authorities.
The processing of data is carried out with the aid of manual and computerised tools, for which ADM has adopted adequate security measures in order to guarantee the integrity and confidentiality of data.
The disclosure of data is optional, however, if you do not disclose any personal data that may be requested for implementing a contractual relationship, it may not be possible for ADM to establish and/or proceed with, in whole or in part, a contractual relationship, or to deliver items that have been ordered.
SCOPE OF COMMUNICATION AND DISTRIBUTION
Types of individuals that may have access to data:
Personal data can be shared with external companies that may be used by ADM for managing their contractual relationships with their customers, or for their own organisational needs and those of the business:
1) our sales network, as well as call centres, agencies, and/or agents charged with promoting goods and services offered by ADM;
2) individuals involved in managing payment systems;
3) banks, financial institutions, and insurance companies;
4) individuals involved with the acquisition, registration, and processing of data;
5) individuals involved in printing, broadcasting, putting in envelopes, delivering, and sorting messages;
6) archiving services for documentation related to contractual relationships;
7) debt collection agencies;
8) the IT company that manages the IT system of ADM and its telecommunication networks (including e-mails);
9) professional studios or associations that provide advice and assistance;
10) market analysis and communication services for proposing commercial offers, which may also be personalised.
These individuals will process the personal data of customers as independent data controllers (as is the case with Alessandro Di Marco, who manages the e-commerce website), or rather, they will have access to them as external data processors if specifically appointed as such, pursuant to art. 29 of the Privacy Code. Their personal data will also be accessible to employees and collaborators, which may also be external ones, who are specifically tasked with processing them (with selected levels of access depending on their positions). These individuals belong to the central services and offices and/or the sales network of ADM, and carry out technical tasks in order to support the company. A list of external companies that operate as data processors, or information about those that operate completely independently as separate data controllers, will be kept up-to-date at the Privacy Office of ADM, and they will be made available at ADM’s registered offices.
In relation to processing personal data, according to art. 7 of the Privacy Code, the individuals to which the personal data refer to have the right, at any time, to exercise their rights to the data controller.
For the sake of convenience, below are articles 7 and 9 of Legislative Decree no. 196/2003 in full:
LEGISLATIVE DECREE NO. 196 OF 30 JUNE 2003, ART. 7 RIGHT OF ACCESS TO PERSONAL DATA AND OTHER RIGHTS – ART. 9 IMPLEMENTATION PROCEDURES
ART. 7. RIGHT OF ACCESS TO PERSONAL DATA AND OTHER RIGHTS
1. The interested party has the right to receive confirmation regarding the existence or lack thereof of personal data concerning them, even if they have not yet been registered, and to be informed of this in an intelligible manner.
2. The interested party has the right to be informed about:
a) the origin of their personal data;
b) the purposes and methods of their processing;
c) the methods applied when they are being processed with the aid of electronic tools;
d) the identification details of the data controller, the data processors, and the appointed representative pursuant to article 5, paragraph 2;
e) the individuals or the types of individuals to whom personal data may have been disclosed or who may have access to them in their capacity as an appointed representative in the territory of the State, or as data processors or employees.
3. The interested party has the right to request:
a) that their data be updated, modified, or, if they wish, added to;
b) that their data be deleted, made anonymous, or blocked, if they have been processed illegally, including those that do not have to be saved in order to carry out the purposes for which the data have been collected and then processed;
c) proof that the individuals to whom data had been disclosed or shared with have been informed of the procedures mentioned under letters a) and b), even regarding their content, unless it is not possible to do so or it involves using means that are clearly disproportionate to the right being protected.
4. The interested party has the right to object, either in full or in part:
a) on legitimate grounds, to the processing of personal data concerning them, even if they are relevant for collection purposes;
b) to their personal data being processed if they are to be used for sending advertising or direct sales materials, or for carrying out market research or marketing communications.
ART. 9. IMPLEMENTATION PROCEDURES
1. Requests to the data controller or processor can also be sent via recorded letter, fax, or e-mail. The Guarantor may specify another suitable means of communication depending on new technological solutions. When exercising the rights referred to in article 7, paragraphs 1 and 2, the request can also be made orally. In this case, it will be summarised in writing by a person in charge or a manager.
2. When exercising their rights referred to in article 7, the interested party may appoint, in writing, physical persons, entities, associations, or organisations as a delegate or proxy. The interested party may also be assisted by a person they trust.
3. The rights referred to in article 7 regarding the personal data of deceased persons may be exercised by those who have a personal interest, or who are acting to safeguard the interested party or for family reasons worthy of protection.
4. The identity of the interested party is verified using adequate assessment methods, including the use of available certificates or documents, or through showing or attaching a copy of an ID document. Any person acting on behalf of the interested party should show or attach a copy of their proxy, or rather, the mandate signed in the presence of a representative, or signed and presented together with an uncertified photocopy of an ID document of the interested party.
5. Requests referred to in article 7, paragraphs 1 and 2, can be made freely and without restrictions. They can also be renewed, except for when there are legitimate reasons, after a period of ninety days.
In order to exercise their rights pursuant to art. 7 of the Privacy Code, or to put forward any questions or requests related to the processing of data by Alessandro Di Marco srl, the User may get in contact with the Data Controller.
DEFINITION OF COOKIES AND THEIR USE
Cookies are short lines of text that are sent to the User’s browser and possibly saved onto their computer or mobile device each time that the User visits a website. Cookies are used for various purposes, however, the main purpose of those using this technology is to make the experience of using the Website more efficient and secure; to save User IDs and Passwords in a secure manner; and to identify which pages of the website have been visited so that they are not re-suggested.
Cookies saved on a User’s computer cannot be used to withdraw any data on their hard disk, to transmit computer viruses, or to identify and use their e-mail address. Every cookie is unique as it is linked to the browser and device used by it in order to access the ADM website. Some of the functions performed by cookies can also be used with other technologies; the term ‘cookie’ used in this document refers to cookies and all similar technologies.
TYPE OF COOKIES USED
– Technical cookies
These cookies are necessary for browsing the Website, and they allow functions such as digital authentication, monitoring browsing sessions, and preventing fraud.
– Functional cookies
These cookies allow information regarding the choices made by the User of the Website to be registered, such as the language chosen, the geographical location they are connecting from, or the font size being used.
– Performance cookies
These cookies keep track of the website’s most frequently visited pages, the number of error messages viewed, the time spent on a specific page, or the number of clicks on a specific area of the Website. The information contained within these cookies is aggregated and anonymous, and is not used to collect your personal data for marketing purposes.
– Marketing cookies
These cookies are used to guarantee that the User of the Website receives advertisements that are related to products they are interested in, based on their browsing history.
– Third-party cookies for Marketing and Retargeting purposes
MANAGING COOKIE PREFERENCES
All Users of the Website can set and manage their cookie preferences by changing the settings on their browser by using the “Help” function. If you choose to disable all cookies, browsing on the Website may become difficult, as you may not be able to access your shopping bag and make purchases on the Website.
We kindly remind you that the cookie preferences accepted on the ADM website will not be activated on any other website.