---
# GENERAL TERMS AND CONDITIONS OF SALE
These general conditions govern online purchases made through the website www.glielementi.it by residents of the following countries: Italy
## 1. GENERAL PROVISIONS
**1.1.** These general terms and conditions of sale (hereinafter, "General Conditions") govern all sales of "gli elementi" products (hereinafter, "Products" or "Product") completed at a distance on the website www.glielementi.it (hereinafter, the "Site").
**1.2.** The distance selling service governed by these General Conditions is reserved exclusively for consumers (hereinafter, "Customers" or "Customer"); "consumers" means natural persons over 18 years of age acting for purposes unrelated to their commercial, entrepreneurial, craft, or professional activity.
**1.3.** The language used for concluding sales contracts through this Site is Italian.
**1.4.** Customers are required to read carefully the General Conditions available on the Site in order to acknowledge, store, and reproduce them. Dafne Italian Philosophy S.r.L. (as defined below) will send a copy of the General Conditions to the Customer pursuant to Article 5.10 below. Contracts concluded with Customers will be archived by Dafne Italian Philosophy S.r.L. for the period prescribed by applicable law.
## 2. SELLER IDENTIFICATION
**2.1.** The seller is Dafne Italian Philosophy S.r.L., having its registered office at Via Domenico Cimarosa 3, 20144 Milan (Italy), VAT / Tax Code no. 07607430969, REA MI – 1970548, fully paid-up share capital of 100,000 Euros ("Dafne IP").
## 3. PRODUCT INFORMATION AND AVAILABILITY
**3.1.** Information regarding the Products, together with Product codes and prices, is available on the Site.
**3.2.** The Products available on the Site represent a selection of items normally available in retail stores; however, Dafne IP does not guarantee to the Customer that Products available on the Site are also available in store. The graphic representation of Products displayed on the Site may differ from reality; the Customer must therefore rely exclusively on the description and characteristics of the Product provided on the Site.
**3.3.** Dafne IP reserves the right to limit the quantity and/or type of Products that can be purchased on the Site at any time. Styles, models, and colors of the Products described on the Site may be modified without notice. During the purchase process, if an order cannot be processed due to the unavailability of the ordered Product, the Customer will be notified via an automated message. Under no circumstances can Dafne IP be held liable to the Customer due to the unavailability of a Product.
**3.4.** The Customer may include a maximum of ten units per individual Product in their order proposal.
**3.5.** Dafne IP is in no way responsible for errors resulting from the malfunctioning of the Customer's connection to the Site.
## 4. PRICE
**4.1.** The price of the Products indicated on the Site is expressed in Euros and includes all applicable taxes and duties. Delivery costs, indicated separately in the order form, must be added to the price of the Products.
**4.2.** Dafne IP constantly verifies the accuracy of the prices indicated on the Site; however, the absence of errors cannot be guaranteed. In the event an error is found in the price of a Product, Dafne IP will reject the order and offer the Customer the opportunity to purchase the Product at the correct price.
## 5. CONCLUSION OF THE CONTRACT
**5.1.** The Site displays the essential characteristics and price of each Product. Information on the Site does not constitute an offer by Dafne IP.
**5.2.** Before submitting an order proposal via the Site, the Customer must carefully read all instructions provided during the purchase procedure (including delivery costs, conditions for exercising the right of withdrawal, and the Privacy Policy) as well as these General Conditions.
**5.3.** To purchase a Product, the Customer must:
1. Add the selected Product to the "Cart" by clicking the corresponding button;
2. Complete the order proposal form;
3. Select the payment method;
4. Accept the General Conditions; and
5. Transmit the order proposal to Dafne IP via the Site.
**5.4.** Submission of the order proposal constitutes a purchase offer for the selected Product, governed by these General Conditions and binding on the Customer (without prejudice to the right of withdrawal provided for in Article 10 below). Submission of the order proposal obligates the Customer to pay the price of the ordered Product(s).
**5.5.** Before submitting the order proposal, the Customer can correct or modify the entered data following the procedure indicated on the Site (including modifying the quantity of Products by adding or removing items from the "Cart").
**5.6.** Subject to the use of personal data described in the Privacy Policy, the order proposal form and Customer data related to the order proposal may be retained by Dafne IP for the period required by applicable legislation.
**5.7.** The contract between Dafne IP and the Customer is concluded when the Customer receives confirmation from Dafne IP accepting the order proposal submitted via the Site. Dafne IP's acceptance (or rejection) of the order proposal will be sent to the Customer at the email address provided in the order proposal ("Order Confirmation").
**5.8.** Dafne IP may reject an order proposal (in which case no amount will be due from the Customer to Dafne IP, except for any sums indicated in Article 6 below) in the following cases:
* **(I)** In the event of product unavailability (subject to Articles 3.3 and 5.9);
* **(II)** If the payment made by the Customer is unsuccessful (e.g., failure to charge the purchase price to the Customer's credit card);
* **(III)** If there is a report or suspicion of fraudulent or illegal activities, including suspicion that purchases are being made for commercial purposes;
* **(IV)** In case of non-fulfillment by the Customer of obligations arising from a previous contract concluded with Dafne IP.
**5.9.** In case of unavailability of one or more ordered Products, the Customer will be notified via email. In this event, the order proposal will be canceled, or accepted only for the available Products. In case of partial acceptance, the Customer is required to pay only the price of the available Products (if paying by credit card, the Customer will only be charged for available Products).
**5.10.** In accordance with Article 51, Paragraph 7 of the Consumer Code (as defined below), the Order Confirmation will contain a summary of the essential characteristics of the purchased Products, a detailed indication of the price and payment methods, information regarding delivery costs, conditions and procedures for exercising the right of withdrawal (including exclusion from withdrawal rights for customized Products), an address for filing complaints, and information on post-sales assistance services and commercial guarantees. The email communication sent by Dafne IP confirming dispatch of the Products shall follow in accordance with Article 8.1 below ("Dispatch Confirmation").
**5.11.** The risk of loss or damage to the Products transfers to the Customer when the Customer (or a third party designated by the Customer other than the carrier) physically takes possession of the Product.
## 6. PAYMENT METHODS
**6.1.** The Customer may pay the price of the Products in the order proposal and the delivery costs by credit card, PayPal, or cash on delivery (COD).
**6.2.** Dafne IP accepts payments made via the following credit cards: Visa, MasterCard, American Express, Maestro.
**6.3.** The charge to the Customer's credit card will only be made after:
* **(I)** Credit card details have been verified;
* **(II)** Authorization to charge has been received from the Customer's card issuer.
**6.4.** If, for any reason, within 10 (ten) business days from the order date, it is not possible to charge the amounts due to the Customer's credit card (or, in the case of cash on delivery, the corresponding funds are not available in Dafne IP's bank account), the contract cannot be executed and the order shall be deemed canceled.
## 7. TRANSPORT AND DELIVERY
**7.1.** Products will be delivered to the address indicated by the Customer in the order proposal. Upon delivery, the signature of the Customer (or their designee) is required. Deliveries are not made to PO Boxes.
**7.2.** Delivery costs remain the responsibility of the Customer and are highlighted separately in the order form.
**7.3.** Purchased products will be delivered via a courier selected by Dafne IP (hereinafter "Courier") on business days (excluding Saturdays, Sundays, and local or national holidays) from 9:00 AM to 6:00 PM. Deliveries will be made within 3–5 days from the Order Confirmation date (except in cases of force majeure or unpredictable circumstances), excluding remote areas.
In case of failed delivery, the courier leaves a delivery notice on the intercom/mailbox notifying the recipient of the attempt. A second attempt is automatically rescheduled for the following day. If the recipient is still absent, the shipment is held at the local branch for 3 business days. On the 4th business day, the package is deposited at the relevant Post Office, and the mail carrier delivers a notification card to the recipient. The recipient has an additional 7 days (business days, including Saturdays) to collect the package at the Post Office. If not collected within this timeframe, the package is automatically returned to Dafne IP.
**7.4.** The Customer (or their designee) is required to check, upon delivery of the Products by the Courier:
* **(I)** That the number of packages delivered corresponds to that indicated on the delivery note; and
* **(II)** That the packaging and its seals are intact, undamaged, not wet, nor altered in any way.
Any damage to the packaging and/or Product, or a mismatch in the number of packages or specifications, must be immediately reported in writing on the Courier's delivery note. Once the Courier's document is signed without the Customer raising any objections, the Customer cannot make any claims regarding the external characteristics of the delivered package.
## 8. DISPATCH AND DELIVERY CONFIRMATION
**8.1.** Dafne IP will send the Customer a Dispatch Confirmation email after the Products have been shipped.
## 9. PACKAGING
**9.1.** Products purchased on the Site are delivered using Dafne IP's standard packaging.
## 10. RIGHT OF WITHDRAWAL
**10.1.** Pursuant to Article 52 of the Consumer Code (as defined below), the Customer has the right to withdraw from the contract, without stating a reason, within 14 (fourteen) days from the date on which the Customer (or their authorized representative receiving the Product) takes physical possession of the Product.
**10.2.** To exercise the right of withdrawal, the Customer must follow this procedure within the deadline in Article 10.1:
* **By phone:** The user calls headquarters at +39 333 93 06 648;
* Customer care will verify the request and initiate the return procedure;
* The customer receives an email notification from customer care indicating return approval containing the return reference number (RMA ID), shipping instructions, and steps to access the reserved area to download and print a document to attach to the package.
**10.3.** Within 14 (fourteen) days of communicating the withdrawal (sent in accordance with Article 10.2), the Customer must return the purchased Product to Dafne IP at the following address:
**Dafne Italian Philosophy S.r.L., Via Domenico Cimarosa 3, 20144 Milan (Italy)**.
The costs of returning the Product to Dafne IP are borne by the Customer. The Customer is solely responsible for any diminished value of the Product resulting from handling other than what is necessary to establish its nature, characteristics, and functioning; therefore, the Customer must not remove any labels applied to the Product. The product must be returned intact without tampering or alteration.
**10.4.** Dafne IP will refund the amounts corresponding solely to the purchase of the products and not ancillary costs, without undue delay and no later than 14 (fourteen) days from the date Dafne IP was informed of the Customer's decision to withdraw. This refund will be issued using the same payment method used for the initial transaction, unless otherwise expressly agreed and provided the Customer incurs no fees as a result. If the purchase was made using a discount code, the discount amount will not be refunded; the refund will only cover the amount actually spent.
**10.5.** Dafne IP may withhold the refund until receipt of the returned Product or until the Customer provides proof of having sent back the Product, whichever is earlier.
**10.6.** After the Product has been dispatched, the order can no longer be canceled or modified. The return of Products already dispatched must be carried out in accordance with the procedure in this Article 10.
## 11. CUSTOMIZED PRODUCTS
**11.1.** In accordance with Article 59, Paragraph 1, Letter c) of the Consumer Code, the right of withdrawal does not apply to orders for customized Products (e.g., Products engraved with Customer initials).
## 12. PRODUCT REPLACEMENT
**12.1.** Without prejudice to the Customer's rights under Articles 10 and 13, Dafne IP does not grant the Customer the option to exchange Products purchased on the Site for other products.
## 13. LACK OF CONFORMITY
**13.1.** If a Product sold by Dafne IP exhibits a manufacturing defect or any alleged lack of conformity, the Customer must immediately contact online customer support via email or post at:
**DAFNE ITALIAN PHILOSOPHY S.r.L.**
Via Domenico Cimarosa 3
20144 Milan (Italy)
Tel. +39 333 93 06 648
c.o. Online Sales Assistant
info@glielementi.it
**13.2.** The sale of Products is subject to legal warranties under Articles 129, 130, and 132 of the Consumer Code. Under these provisions, the Customer is entitled to have product conformity restored through repair or replacement (at the Customer's choice, as provided by law) free of charge. If these remedies fail (pursuant to Article 130, Paragraph 7 of the Consumer Code), the Customer may obtain an appropriate price reduction or contract termination. The Customer forfeits these rights if the lack of conformity is not reported to Dafne IP within 2 (two) months of discovery. Legal action to enforce a non-fraudulently concealed defect expires 26 (twenty-six) months after delivery.
**13.3.** If the Customer requests repair or replacement due to a lack of conformity within the terms of this Article 13, delivery costs for returning the item to Dafne IP and delivering the repaired/replaced Product to the Customer shall be borne entirely by Dafne IP.
## 14. AUTHENTICITY GUARANTEE AND INTELLECTUAL PROPERTY RIGHTS
**14.1.** Dafne IP guarantees the authenticity of all Products purchased on the Site. Products under the "gli elementi" brand are made with EU materials, packaged by Italian contractors, and are MADE IN ITALY, with the sole exception of promotional items (pouches/gadgets) made in China or other non-EU countries.
**14.2.** The "gli elementi" trademark, as well as figurative/non-figurative marks, service marks, design marks (registered or unregistered), illustrations, images, logos protected by copyright, and all intellectual property rights related to the Products remain the exclusive property of Dafne Italian Philosophy S.r.L.
## 15. APPLICABLE LAW AND JURISDICTION
**15.1.** These General Conditions and contracts concluded with Customers are governed by and construed in accordance with Italian law (including Legislative Decree no. 206 of September 6, 2005, "Consumer Code", specifically Chapter I, Title III of Part III, and Legislative Decree no. 70 of April 9, 2003, "E-commerce Decree").
**15.2.** Any dispute arising from the interpretation, validity, and/or execution of these General Conditions shall fall under the mandatory jurisdiction of the court of the Customer's residence or domicile.
## 16. CONTACTS
**16.1.** For further information and assistance regarding the Site or online purchase procedures, the Customer may contact Dafne IP at:
**DAFNE ITALIAN PHILOSOPHY S.r.L.**
Via Domenico Cimarosa 3
20144 Milan (Italy)
Tel. +39 333 93 06 648
c.o. Online Sales Assistant