Terms and Conditions of Sale

1. Scope of Application

1.1 These General Conditions of Sale apply to all purchases of products made through the website www.dude21.com (hereinafter, the "Site") by consumers or professionals (hereinafter, "You" or "Customer") to Anna Virgili Srl (hereinafter, "Anna Virgili", "we" or "the Seller"). These conditions have been drawn up in compliance with Legislative Decree no. 206 of 6 September 2005 ("Consumer Code"), where applicable, and Legislative Decree no. 70 of 9 April 2003 on electronic commerce.

1.2 By placing an order through the Site, the Customer fully accepts these Conditions and authorizes the Seller to use automated communication tools (email, telephone, text message) for purposes strictly related to the execution of the contract. In the event of a purchase made as a "consumer," the rights recognized by Applicable Law remain unaffected, and cannot be limited or excluded.

1.3 The Customer acting as a consumer has the right to withdraw from the contract, without having to provide a reason and without any penalty, within 14 (fourteen) days of receiving the products.

1.4 The right of withdrawal does not apply to products that are damaged or altered from their original condition. It is understood that the Customer will not be responsible for any diminished value of the goods resulting from handling necessary to establish their nature, characteristics, and functioning.

1.5 The Customer may exercise the right of withdrawal exclusively by requesting the return procedure through their personal account, accessing the dedicated section available on the Site. Withdrawal requests sent by mail, fax, or other channels not provided for by the platform will not be accepted.

1.6 Products must be returned within 14 days of confirming the return request via your account. Detailed information regarding return costs and methods is available in the "Returns & Refunds" section of the Website. Refunds will be processed using the same payment method used for the purchase.

2. Orders and Acceptance

2.1 The information, prices, and product descriptions on the Site do not constitute a binding offer, but rather an invitation to place an order. This information may be subject to changes and updates at any time before the order is confirmed.

2.2 Order fulfillment is subject to product availability. If one or more items are unavailable, the Seller may cancel the order, promptly refunding any amounts already paid by the Customer.

2.3 The order submitted via the Site constitutes a binding contractual offer from the Customer for 48 hours. The contract is deemed concluded only upon acceptance by the Seller, expressed via email confirmation or through the actual shipment of the ordered products.

2.4 Any automatic emails confirming receipt of your order do not constitute acceptance of the order itself.

3. Customer Obligations

3.1 The Customer undertakes to provide truthful, up-to-date and complete information when registering and placing the order.

3.2 The Customer declares that he has the legal capacity to enter into binding contracts.

3.3 Your account login credentials must be kept safe and not disclosed to third parties. Anna Virgili will not be responsible for any unauthorized use.

3.4 The products purchased are intended for the Customer's personal use and may not be resold or marketed to third parties, unless expressly authorized in writing by the Seller.

4. Prices and Payments

4.1 All prices listed on the Site are expressed in the local currency corresponding to the country in which they are displayed and include any applicable taxes based on the tax legislation in force in the country of destination of the order, unless otherwise indicated. In some cases, customs duties or additional local taxes may apply and are payable by the Customer.

4.2 Any shipping costs and other additional costs will be clearly indicated before the conclusion of the contract and payment.

4.3 Payment for your order must be made upon confirmation. The payment methods indicated on the Site are accepted, including credit cards, PayPal, and other electronic means.

4.4 In case of problems in the payment process, the order may be cancelled by the Seller.

5. Withdrawal and Termination of the Contract

5.1 Without prejudice to the Customer's rights under current legislation, the Seller reserves the right to terminate the contract in the following cases:

●      Unable to fulfill order;

●      Anomalies in the order or suspected fraudulent use of the Site's services;

●      Failure to pay.

5.2 In the event of termination, the Customer will be promptly informed and any amounts already paid will be refunded without undue delay.

6. Delivery

6.1 The delivery times indicated on the Site are indicative and non-binding. Any delays will not give rise to claims for compensation, unless otherwise provided by mandatory law.

6.2 Delivery will be made to the address indicated by the Customer when placing the order. It is the Customer's responsibility to verify the accuracy of the information provided.

6.3 The risk of loss or damage to the products passes to the Customer upon delivery.

7. Product Verification and Complaints

7.1 Upon delivery, the Customer is required to check the integrity of the packaging and that the number of packages corresponds to that indicated in the transport documentation.

7.2 Any damage to the packaging, tampering or discrepancies must be immediately contested to the courier and reported to the Seller within 14 days.

7.3 In the event of defects in conformity found in the products received, the Customer has the right to avail himself of the remedies provided for by the legislation in force regarding legal guarantees, according to which he can request, free of charge, the repair or replacement of the product, or – where applicable – a price reduction or termination of the contract, as specified in Article 9 of these Conditions.

8. Limitations of Liability

8.1 To the maximum extent permitted by applicable law, Anna Virgili Srl will not be liable for any direct, indirect, incidental, consequential, or special damages arising from the use, inability to use, or defects in the purchased products, unless such damages are attributable to willful misconduct or gross negligence.

8.2 In any case, the Seller's overall liability, for any reason or title, will be limited to the amount actually paid by the Customer for the product affected by the dispute. This limitation applies to all claims for compensation, regardless of their legal, contractual, or non-contractual nature, without prejudice to mandatory consumer protection provisions of law.

9. Legal Guarantee

9.1 All products sold through the Site are covered by the legal guarantee of conformity provided for by Articles 128 et seq. of the Consumer Code, applicable exclusively to consumers. The legal guarantee protects the Customer in the event that the purchased product presents defects in conformity with the sales contract.

9.2 To comply with the contract, the product must:

●      correspond to the description provided and possess the promised qualities;

●      be suitable for the use for which goods of the same type are normally put;

●      present the qualities and performances which are normal in goods of the same type and which the consumer can reasonably expect;

●      be suitable for the particular use intended by the consumer, if brought to the attention of the seller at the time of conclusion of the contract.

9.3 The Customer is required to report the lack of conformity within two months of discovering it. The legal guarantee lasts two years from delivery of the goods, but does not apply to products purchased for professional or business purposes (VAT number).

9.4 In the event of a lack of conformity, the Customer has the right, free of charge, to repair or replacement of the defective product. Only in cases where these remedies are impossible or excessively costly, the Customer may request a price reduction or termination of the contract, in accordance with the provisions of Article 130 of the Consumer Code.

9.5 The legal guarantee does not apply in the event of:

●      improper or non-compliant use of the product;

●      accidental damage;

●      unauthorized interventions or modifications;

●      normal wear and tear;

●      defects reported beyond the legal deadlines.

9.6 To activate the warranty, the Customer can contact Customer Service using the contact details indicated in these Terms, providing proof of purchase and describing the defect encountered. Our team will evaluate the request and provide instructions on how to return or repair the product. Alternatively, the Customer may request a price reduction or termination of the contract in the cases provided by law.

10. Communications

Any requests, reports, or communications from the Customer, including those relating to orders, returns, complaints, or after-sales assistance, must be submitted exclusively through the dedicated Contact section available on the Website, where all updated instructions are provided. Alternatively, written communication may be sent to the registered office indicated in Article 1.5 of these Terms.

11. Protection of Personal Data

The processing of personal data collected through the Site will be carried out in compliance with the provisions of Regulation (EU) 2016/679 (GDPR) and all other applicable data protection legislation. The data provided by the Customer will be used exclusively for purposes strictly related to order processing, managing the business relationship, and, with prior consent, to send promotional communications and personalized offers.

Providing your data is optional, but refusal to provide the data required to process your order will prevent you from completing your purchase. Your data will be processed using computerized and manual tools, adopting appropriate security measures to protect its confidentiality, integrity, and availability.

For further information on the methods of collection, processing, and storage, and the rights that can be exercised (access, rectification, deletion, limitation, opposition, and portability), the Customer is invited to consult the Privacy Policy available in the relevant section of the Site.

12. General Clauses

12.1 The Seller shall not be held liable for any delays or failure to perform contractual obligations caused by events beyond its reasonable control, including but not limited to force majeure, pandemics, natural disasters, fires, wars, riots, disruptions in transportation services, difficulties in procuring materials or energy, strikes, or IT system malfunctions. In such cases, the Seller shall have the right to suspend or cancel the order, promptly informing the Customer and, where applicable, refunding any amounts already paid.

12.2 These Conditions constitute the sole and exclusive agreement between the parties in relation to the object of the sale and prevail over any other agreement, communication, proposal or understanding, whether oral or written, that may have occurred previously.

12.3 Anna Virgili Srl reserves the right to modify these General Conditions of Sale at any time, in whole or in part, without prior notice. The changes will be effective from the date of publication on the Site in the Terms and Conditions section. The Customer is therefore invited to consult this section regularly for any updates.

12.4 It is understood that any specific exceptions to these Conditions agreed upon between the parties will be valid and effective only if formalized in writing and approved by both parties. The Seller's failure to enforce one or more rights under these Conditions will not constitute a definitive waiver of the same. The foregoing does not affect Anna Virgili Srl's right to unilaterally modify these Conditions, under the terms and in the manner set forth in section 12.3.

12.5 If any provision of these Terms is declared void, invalid, or unenforceable by a competent authority, that provision will be deemed severable from the remaining provisions, which will remain in full force and effect, unless the elimination of the invalid provision would compromise the overall balance of the contract. In such case, the parties undertake to negotiate in good faith a replacement clause that reflects as closely as possible the original intent of the invalid provision.

13. Applicable Law and Jurisdiction

13.1 These Terms are governed by Italian law. Any dispute concerning the validity, interpretation, execution, or termination of these Terms shall be subject to the exclusive jurisdiction of the Italian courts.

13.2 If the Customer qualifies as a "consumer" pursuant to the Consumer Code, any dispute will be referred to the exclusive jurisdiction of the court of the Customer's place of residence or domicile, if located in Italy, in accordance with the provisions of Article 66-bis of the Consumer Code.

13.3 The language of the contract, communications, and any disputes will be Italian. Any translations of these Terms are provided for informational purposes only and will not in any way replace the Italian text.

By using this Site, or providing your personal data to Anna Virgili Srl, you expressly consent to the collection, use, transmission, and disclosure of your personal data in accordance with the Privacy Policy published on the Site.