Terms of service

Effective from 23/10/2024

TERMS AND CONDITIONS

concerning

General Conditions of the Sales Contract

pursuant to Chapter I of Title III of Part III of D.Lgs. n. 206/2005 and subsequent amendments and additions

and

pursuant to D.Lgs. n. 70/2003 (implementing the E-Commerce Directive)

PREAMBLE

These General Conditions of the Contract and the Terms of Use of the Website (hereinafter referred to as "Terms and Conditions") are an integral part of the distance sales contract for the products displayed on the website www.dagiu.com, as well as on the Dagiù page of the "Shop" app of Shopify (hereinafter referred to as the "Site"), together with:

Product Description;
E-mail Confirmation of Order Receipt;
E-mail of Order Acceptance and Shipment Confirmation / E-mail of Order Acceptance and Availability for Pickup.

The party accessing the Site to make purchases (hereinafter the "Customer") is required, prior to submitting the order, to carefully read these Terms and Conditions, which are made available on the Site and may be consulted at any time via the links included in the checkout page and/or in the e-mail confirming receipt of the order / e-mail of order acceptance and shipment / e-mail of order acceptance and availability for pickup, allowing for reproduction and storage.

1. Applicable law and regulatory sources

Distance sales contracts concluded through the Site are governed by Italian law, and the following laws shall apply insofar as they are not derogated by these Terms and Conditions:

D.Lgs. n. 206/2005;
D.Lgs. n. 70/2003;
D.Lgs. n. 114/1998;
Regulation (EU) 1169/2011;
Directive 2011/91/EU;
D.Lgs. n. 231/2017;
D.Lgs. n. 59/2010;
Regulation (EU) 178/2002;
Regulation (EU) 2018/302.

If the Customer requests an invoice and/or is not a "consumer or user" within the meaning of Article 3, paragraph 1, letter a), of the D.Lgs. n. 206/2005, the provisions on withdrawal outlined in clause 7 of these Terms and Conditions and any provisions that apply solely to consumers shall not apply.

2. Information on the seller

The seller of the products and owner of the Site is Dagiù s.a.s. di Chiara Lo Zito, represented by its legal representative Chiara Lo Zito, with registered office at Via Purbella, 22 – 96010 Palazzolo Acreide (SR), Italy, Tax Code and VAT No. 02135640890, REA SR – 465772, PEC address: dagiusas@pec.it (hereinafter referred to as "Dagiù").

The Site’s copyright and the rights to use the DAGIÙ trademark are reserved.

3. Product information

The information and price of the various products offered for sale on the Site (hereinafter referred to as "Product" or "Products") are provided in the description for each Product.

The information and characteristics of the Products are available on the Site through a written description in the Product Description and/or images of the label or presentations provided directly by the manufacturers.

The information on the labels and/or packaging of the Product may differ slightly from the information on the Site for reasons beyond Dagiù's control; therefore, it is always necessary to carefully check the label and/or packaging of the delivered Products.

The images of the Products in the Product Description are for illustrative purposes only and may not perfectly represent their characteristics. In the event of discrepancies between the images and the Product Description, the Product Description shall prevail.

Product prices include all applicable taxes and duties.

3.1. Gift Cards

Dagiù offers Clients the opportunity to purchase Gift Cards (hereinafter “Gift Card”) that can be used to purchase Products available on the Website. The Gift Card is valid for the period indicated in the relevant Product Sheet, is not convertible into cash, and is not subject to discounts or price reductions.

The balance on a Gift Card can be used for more than one order, as long as the Gift Card maintains a balance. Gift Card balances are applied to the total value of an order, which may include taxes and shipping.

Gift Cards can be used in conjunction with discount codes. It is also possible to use multiple Gift Cards for a single order.

The Gift Card may be transferred but cannot be marketed to third parties. The Gift Card is a bearer instrument and an improper title pursuant to Article 2002 of the Italian Civil Code; therefore, if misused, lost, or stolen, it cannot be blocked and/or replaced and/or refunded. Additionally, Dagiù assumes no liability for any improper and/or fraudulent use of the Gift Card.

The risk of loss and ownership of the Gift Card passes to the Client at the time the Gift Card is electronically transmitted to the email address provided by the Client at the time of purchase.

Gift Cards obtained through any fraudulent or illegal means will be considered null and void and, therefore, cannot be used to purchase products offered for sale on the Website.

Purchases made using a Gift Card are subject to the same rules established by these Terms and Conditions for the remote sale of Products available on the Website.

3.2. Sale of Pre-Selected Product Boxes

Dagiù offers Clients the opportunity to purchase pre-determined sets of Products (hereinafter “Box”), consisting of a combination of Products available on the Website. This combination may be disclosed to the Client (Pre-Packaged Box) or may be a surprise (Surprise Box).

3.2.1. Pre-Packaged Box

Pre-Packaged Boxes (e.g., “Apulian dream Box”, “Napoli feels Box”, “Pizza Night Box”, “Sicily at home Box”, “Taste of Calabria Box”, “The Spicy Box”, “The sweetest Box”, “Treasures Box”) contain a pre-selection made by Dagiù of Products available on the Website and indicated in the relevant Product Sheet of the Pre-Packaged Box. Information regarding all individual Products is available on the Website and accessible through the links provided on the Product Sheet of the Pre-Packaged Box. In any case, information about the individual Products is made available to the Client at the time of delivery through the labels on the Products themselves.

3.2.2. Surprise Box

Surprise Boxes (including the “Advent Calendar” and similar) contain a selection of Products available on the Website not previously disclosed to the Client within the Product Sheet of the Surprise Box. The Product Sheet of the Surprise Box clearly states that the combination is made by Dagiù and is a surprise for the Client, and indicates the total value of the Products contained within, based on the prices applied on the Website for the Products at the time of the offer for sale.

During the purchase phase, the Client has the option to specify any preferences or request to exclude certain Products or Products containing specific ingredients by using the appropriate text field or option provided at check-out (see section 4.5).

In any case, information about the individual Products contained in the Surprise Box is made available to the Client at the time of delivery through the labels on the Products themselves.

4. Terms of Use of the Site

4.1. Selection of the shipping destination Country and language

To proceed with the purchase of Products, the Customer must first select the country of delivery of the shipment from the banner or relevant link on the Site. The country can be modified at any time before the order is submitted.

The Site language can be chosen between Italian and English, regardless of the selected shipping destination.

Without prejudice to the provisions regarding the applicability of Italian law as set forth in these Terms and Conditions, the contract may also be concluded in English.

4.2. Account creation and contract retention

It is not necessary for the Customer to create an account to place an order. However, creating an account allows the Customer to:

View their order history;
Add, modify, or delete addresses provided to Dagiù for shipment, and set a default shipping address;
Change the access password.

Contracts concluded will not be viewable by the Customer except through the communications received and the documents permanently available on the Site.

During account creation, the user is required to choose a password. It is recommended to use strong passwords consisting of at least 8 characters, including one uppercase, one lowercase, one number, and one special character.

The Customer can log out at any time, modify the account by rectifying the entered data, or delete the account.

4.3. Product navigation and selection

While browsing the Site, the Customer can view information on the Products and their prices through the Product Description. From the Product Description, the Customer can proceed directly to checkout or add the Product to the cart and continue browsing.

4.4. Cart

Once all the desired Products have been selected, the Customer can view a summary of the selected items by viewing the Cart.

From the Cart, it is possible to remove one or more Products, add or subtract units for each Product, and proceed to checkout.

4.5. Checkout

In the checkout page, accessed from the Cart or directly from the Product Description for single product purchases, the Customer must fill out the electronic order form, following the instructions provided on the Site and selecting the preferred delivery and payment options.

At this stage, it is also possible to enter any discount codes, Gift Cards, or electronic vouchers in the Client's possession, except for the purchase of Gift Cards.

When a Client redeems a Gift Card, the check-out shows one of the following options:

if the available balance on the Gift Card is greater than or equal to the total order amount, the Client can click on "Complete Order";
if the available balance on the Gift Card is less than the total order amount, before submitting the order, the Client will be asked to choose an additional payment method for the difference. The process includes the option to add another Gift Card.

In the case of purchasing a Surprise Box, during check-out, the Client has the option to specify any preferences or requests to exclude certain Products or Products containing specific ingredients by using the appropriate text field or option provided.

Alternatively, instead of filling out the above-mentioned order form, the Client may proceed with quick check-out by paying through access to ShopPay (Shopify), PayPal, or GPay (Google) accounts.After completing the form, the Customer can review the order before submitting it and view the following documents through links at the bottom of the page:

TERMS OF SERVICE: Terms and conditions
REFUND POLICY: Information regarding the exercise of the right of withdrawal
SHIPPING POLICY: Shipping and delivery costs and conditions
PRIVACY POLICY: Information on the processing of personal data
LEGAL NOTICE: Corporate information
CONTACT INFORMATION: Customer service

By submitting the order, which constitutes an irrevocable contractual offer, the Customer declares to have read the privacy policy and acknowledges and accepts these Terms and Conditions.

4.6. Order confirmation and error correction

Upon submission of the order, the Customer will receive an e-mail confirming the order receipt, containing an order identification code, a list of the Products ordered and their essential characteristics, the total price including taxes and delivery charges, and the shipping and billing details.

If the Customer identifies any errors in the order, such as incorrect billing or shipping addresses, contact details, or similar, they may contact Dagiù using the contact details available under the "Customer Service" link or by emailing ciao@dagiu.com to request a correction. This request must be made promptly and in any case before the e-mail of order acceptance and shipment has been received. Requests for changes to the cart contents or correction requests made after the Products have been shipped cannot be accommodated.

4.7. Acceptance and conclusion of the contract

The contract between Dagiù and the Customer is concluded upon Dagiù's acceptance of the order, communicated to the Customer through the e-mail of Order Acceptance and Shipment or the e-mail of Order Acceptance and Availability for Pickup, which will include an order identification code and, if applicable, a tracking number.

5. Delivery

5.1. EU Shipping

When placing an order, the Customer will be asked to provide the address where they wish to receive the Products, and the system will automatically calculate the shipping costs.

If the selected address is not available for shipping, the Customer may need to change the delivery country using the appropriate link on the Site.

Currently, delivery is available to Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, and Hungary.

Delivery usually takes between 4 and 9 business days from the receipt of the email confirming Order Acceptance and Shipment, and in any case within 30 days from that confirmation.

5.2. In-store pickup

During the checkout process, the Customer may also choose to pick up the Products at Dagiù's premises, currently available free of charge only in the city of Palazzolo Acreide (SR).

Products are generally available for pickup between 2 and 4 business days from the receipt of the email confirming Order Receipt.

5.3. Delivery of Gift Cards

Gift Cards are delivered immediately to the email address provided by the Client at the time of purchase and can be used right away by entering the code shown on the Gift Card during the check-out process.

The Client can check the balance of their Gift Cards on the appropriate page of the online virtual storefront. Additionally, the Client may request assistance from Dagiù to verify the balance and obtain details related to their Gift Card.

6. Payment methods and invoicing

6.1. Payment methods

Unless the Customer opts for quick checkout via ShopPay (Shopify), PayPal, or GPay (Google), payment for the Products and any applicable shipping costs may be made by credit card or PayPal.

Dagiù does not store the Customer’s payment details; the transaction takes place on the secure servers of the partners managing all online payments.

6.1.1. Credit cards

The currently accepted credit card networks on the Site are Visa, Mastercard, Maestro, American Express, and UnionPay.

6.1.2. PayPal

Once the electronic order form is submitted, the Customer will be redirected to the PayPal site where they can complete the payment using the methods accepted by PayPal and in accordance with PayPal's terms and conditions.

6.2. Authorization and payment

Payment of the amount resulting from the electronic order form submitted, net of any discounts or reductions applied through discount codes, vouchers, or electronic coupons, may occur as follows:

Immediate payment: Upon submission of the electronic order form, and followed by the simultaneous email of Order Receipt Confirmation. In this case, any unavailability of one or more Products will be handled as per clause 4.4.1. of these Terms and Conditions;
Payment upon order fulfillment: After shipment, which is followed by the simultaneous email of Order Acceptance and Shipment (or, for in-store pickup, the email of Order Acceptance and Availability for Pickup). In this case, at the time of submitting the electronic order form, only a pre-authorization of the amount on the selected payment method will be made, and the actual payment will be processed upon closing the order, coinciding with the shipment. The final amount will include the price of only the Products actually shipped and any applicable shipping costs.

6.3. Invoicing

If the Customer wishes to receive an invoice, they must provide the relevant billing information, including tax code and/or VAT number, PEC address, or SDI recipient code.

In this case, the invoice will be automatically sent to the Customer’s tax drawer and/or via email to the address provided, in accordance with applicable regulations.

The Customer is responsible for the correct insertion of billing information and is expressly informed that, if the invoice is not requested during checkout, it cannot be requested later.

7. Right of withdrawal

The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without penalty, except in the cases of exclusion specified in clause 7.2. of these Terms and Conditions.

Upon receipt of the communication, Dagiù will open a file to manage the obligations arising from the exercise of the right of withdrawal and provide the Customer with any necessary instructions on how to return the Products.

7.1. Exercise of the right of withdrawal

To exercise this right, within 14 days from the date of receipt of the Products, the Customer must send Dagiù a communication expressing the intention to withdraw from the contract via an explicit declaration, also using the standard form available at the permanent link "Returns and Refunds Information" on the Site.

This communication must be sent by registered letter with return receipt to:

Dagiù s.a.s. di Chiara Lo Zito

Via Purbella, 22 – 96010 Palazzolo Acreide (SR)

Italy

Or via PEC to:

dagiusas@pec.com

7.2. Exclusion of the right of withdrawal

In addition to the case indicated in clause 1 of these Terms and Conditions (non-consumer Customer and/or a Customer who requests an invoice), pursuant to Article 59 of D.Lgs. n. 206/2005, the right of withdrawal is excluded in the following cases:

Orders for Products made to measure or clearly customized;
Orders for Products that are at risk of deterioration or rapid expiration;
Orders for sealed Products that are not suitable for return for hygiene or health protection reasons, or that have been opened after delivery.

With reference to the cases of withdrawal exclusion mentioned above, the Customer is informed that these include all food Products (including wines, alcoholic beverages, and drinks), as the characteristics and qualities of these types of Products may be subject to alteration due to improper storage. Therefore, for hygiene and customer protection reasons, the right of withdrawal applies only to Products purchased on the Site that can be returned to Dagiù and resold without any risk to consumer health.

7.3. Conditions for the exercise of the right of withdrawal

The right of withdrawal is subject to the following conditions:

the right applies to the Product purchased in its entirety; therefore, if the Product consists of multiple parts, it is not possible to withdraw only from one or more parts of the Product, and the withdrawal period starts from the delivery of the last part;
the right applies to the entire order; therefore, if the order includes multiple Products that were delivered separately, it is not possible to withdraw from one or more Products of the order, and the withdrawal period starts from the delivery of the last Product;
in order to ensure free returns in accordance with the subsequent Article 8, Products must be returned in the same box in which they were received;
in the case of Gift Cards, the right of withdrawal is subject to the condition that the Gift Card has not been used, even partially.

7.4. Effects of the exercise of the right of withdrawal

If the right of withdrawal is exercised, Dagiù will refund the Customer all payments received for the Products purchased, including shipping costs incurred by Dagiù for delivery to the Customer, except for any additional costs arising from the choice of a type of delivery other than the standard delivery offered by Dagiù.

Refunds will be made without undue delay, and in any case within 14 days from receipt of the communication stating the Customer's intention to withdraw from the contract, using the same payment method used for the initial transaction (unless otherwise agreed with the Customer), and without any additional costs arising from such refunds.

Refunds may, however, be suspended until Dagiù receives the returned Products or, if earlier, until the Customer provides proof of having shipped the Products. In the case of a Gift Card, since there are no physical goods to be returned, the refund will be processed after appropriate verification of the Gift Card’s non-use.

The Products subject to the withdrawal must be returned or delivered without undue delay, and in any case within 14 days from the date on which the Customer communicated their intention to withdraw from the contract, to the following address:

Dagiù s.a.s. di Chiara Lo Zito

Via Purbella, 22

96010 Palazzolo Acreide (SR)

Italy

The direct costs of returning the goods will be borne by the Customer, who will only be responsible for any reduction in the value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, or functioning.

If the withdrawal is exercised before the Products have been shipped by Dagiù, no return costs will be incurred.

8. Refunds

In the cases where these Terms and Conditions provide for the full or partial refund of sums collected by Dagiù, this will be done using the same payment method used by the Customer for the relevant order, unless otherwise agreed with the Customer.

In the event of exercising the right of withdrawal for a product purchased solely using a Gift Card, the refund will be issued by Dagiù in the form of a voucher that can be used for future purchases made on the Website, valid for 12 (twelve) months from the date of its issuance.

If the withdrawal concerns an order paid using an additional payment method alongside the Gift Card, the refund will be issued, for the value of the Gift Card, in the form of a voucher as specified above, and for the amount exceeding the value of the Gift Card, through the same payment method chosen by the Client at the time of purchase.

Barring suspension cases provided for in these Terms and Conditions, the refund will be made within 14 working days from the acceptance of the refund by Dagiù.

In case of a refund request by bank transfer, it is the Customer's responsibility to provide the bank details for the refund (account holder and IBAN). In such cases, the refund will be made within 14 working days from the receipt of all the necessary information for the payment.

The credit to the Customer's account will take place according to the timeframes provided by the selected payment method or the financial institution.

9. Warranty and lack of conformity

9.1. Warranty for Consumers

The Customer, defined as a Consumer under Article 3 of the D.Lgs. n. 206/2005, has the right to avail themselves of the legal warranty provided by the D.Lgs. n. 206/2005 in Articles 128 to 135-septies.

In the event of a lack of conformity regarding Products sold by Dagiù, the Consumer has the right to request a replacement or, if the nature of the Product permits, its repair. The choice between remedies is up to the Consumer unless the chosen remedy is impossible or imposes disproportionate costs on the seller in relation to the value of the Product, the extent of the lack of conformity, and the possibility of offering an alternative remedy without significant inconvenience to the Consumer.

In the case of replacement, Dagiù reserves the right to decide whether to retrieve the Products to be replaced. If retrieval is required, the costs for the returned goods will be borne by Dagiù, without prejudice to the obligation of the Consumer to make the Products available for replacement.

If Dagiù fails to replace or repair the Product, refuses to make the Product conform, or if a lack of conformity persists despite attempts by the seller to restore the Product’s conformity, or if the lack of conformity is so serious as to justify an immediate price reduction or contract termination, or if Dagiù declares that it cannot restore the conformity of the Product within a reasonable period or without significant inconvenience, the Consumer is entitled to a proportional price reduction or termination of the sales contract.

If the lack of conformity affects only certain Products in the order and there is a ground for contract termination, the Consumer may terminate the contract solely with respect to the non-conforming Products.

In the event of termination, Dagiù reserves the right to decide whether to retrieve the Products. In such cases, the return shipment will be the responsibility of the Consumer, except for Dagiù's obligation to reimburse the return shipment upon receipt of the Product or proof provided by the Consumer of the return or shipment of the Product.

The Consumer is not entitled to terminate the contract if the lack of conformity is of minor importance.

In accordance with Article 130, paragraph 4 of the D.Lgs. n. 206/2005, for Products or sets of Products sold as a surprise (Surprise Box), it is not possible to claim non-conformity based on the mere discrepancy with the Product or the fact that they were not previously indicated to the Client, as the Product Sheet for such Products or sets of Products clearly states that the selection and/or combination of Products is made by Dagiù and is a surprise for the Client.

9.1.1. Warranty duration and conditions for exercise

In the case of Product replacement or repair, the warranty period for the replaced or repaired Product is the same as that of the original Product. Therefore, the overall two-year duration of the legal warranty will still run from the delivery of the original Product.

In case of any lack of conformity regarding Products sold by Dagiù, the Customer must immediately contact Customer Service using the contact details available at the permanent link "Contact information" on the Site.

The Customer forfeits their rights if they do not report the lack of conformity to Dagiù within two months from the date they discovered the defect, provided that the Product is not perishable or subject to expiration within a shorter period, in which case the defect must be reported within that shorter period.

Pursuant to the legal warranty mentioned above, Dagiù is liable for any lack of conformity that arises within two (2) years from the delivery of the Product. After this period, Dagiù will not be liable for any lack of conformity detected by the Consumer.

9.2. Warranty for non-consumer Customers

A professional Customer, as defined in Article 3 of the D.Lgs. n. 206/2005, is entitled to the legal warranty provided under the Civil Code. Among other things, this warranty requires the professional to notify Dagiù of any defect discovered in the purchased Product within eight (8) days of discovery, under penalty of forfeiture.

The legal warranty is valid for a maximum of twelve (12) months from the delivery of the Product. After this period, Dagiù will not be responsible for any lack of conformity detected by the professional Customer.

10. Errors and limitations of liability

Dagiù assumes no responsibility for the information provided on Products by individual suppliers or in presentations created by the manufacturers.

The information regarding Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Dagiù cannot be held responsible, except in cases of willful misconduct or gross negligence. Dagiù reserves the right to correct any errors or inaccuracies related to orders while respecting the Customer's rights under these Terms and Conditions.

Except in cases of willful misconduct or gross negligence, any Customer claims for compensation or indemnification are excluded, as is any contractual or extra-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance or partial fulfillment of an order.

Dagiù promotes the responsible consumption of alcohol and excludes any liability for purchases made by persons under the age of 18, despite the precautions taken in online procedures, except in cases of willful misconduct or gross negligence. The purchase of alcoholic products implies a declaration of being of legal age, as per Article 7 of Legislative Decree 158/2012. Dagiù accepts no responsibility in the event of a purchase made by persons under the age of 18 who falsely declare their age.

Dagiù is not liable for delays in deliveries that are unforeseeable or not attributable to it, nor for any damages, losses, costs, incorrect and/or failed deliveries of Products due to force majeure or unforeseeable circumstances.

11. Complaints

Any complaints can be submitted to Dagiù through Customer Service using the contact details available at the permanent link "Contact" on the Site.

12. Online Dispute Resolution for Consumers (ODR)

Pursuant to Article 14 of Regulation 524/2013, users are informed that, in the event of a dispute, they may file a complaint through the European Union's ODR platform, accessible at the following web address https://ec.europa.eu/consumers/.

The ODR platform serves as an access point for users wishing to resolve disputes arising from online sales or service contracts out of court.

13. Competent jurisdiction

The sales contract between the Customer and Dagiù is considered concluded in Italy and is governed by Italian law. For the resolution of disputes relating to the interpretation, execution, or termination of these Terms and Conditions or any other contractual document mentioned in the preamble, or for individual purchase orders, if the Customer is a consumer as defined by the D.Lgs. n. 206/2005, the competent court shall be exclusively that of the municipality of residence or domicile of the Customer if located in Italy.

In all other cases, the exclusive jurisdiction lies with the Court of Syracuse, with the exclusion of any other competent court.