This document outlines the general terms and conditions of purchase on the Dedans website’s online shop, which offers customized menu holders, table settings, and displays provided by the Application owner, and the sales conditions of the related products.

1. Definitions

To ensure complete understanding and acceptance of these terms and conditions, the following terms, in singular and plural, will have the meanings indicated below:

1. Owner: Fable Design Srl, with registered office in Muggio’ (MB) Via Casati 5/C, VAT / Tax Code P.IVA: 06623120968, PEC address fabledesign@pec.it
2. Application: the Dedans website and its online shop
3. Products: the tangible products and services sold by the Owner
4. User: any individual who accesses and uses the Application
5. Consumer User: an adult individual who enters into a contract for purposes unrelated to their business, commercial, craft, or professional activity, if any
6. Professional User: an adult individual or legal entity who enters into a contract for the conduct or needs of their business, commercial, craft, or professional activity
7. Conditions: this contract that governs the relationships between the Owner and Users and the sale of Products offered by the Owner through the Application.

1. Detailed information on the Application’s offer
   1. The Owner provides design, manufacturing, and purchase services for custom and personalized menu holders, table settings, and accessories for excellence in the Restaurant, Hospitality, Nautical sectors, etc.
2. Scope of application of the Conditions
   1. The use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to herein, they will not be able to use the Application or the related services.
   2. The Conditions may be modified at any time.
   3. The applicable Conditions are those in effect on the date of transmission of the purchase order or request for supply of a Product.
   4. Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.
   5. The Owner reserves the right to change at its discretion, at any time, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, providing the User, where necessary, with the relevant instructions.
3. Purchase through the Application
   1. All Dedans Products offered by the Owner are described in detail on the respective product pages (quality, characteristics, availability, price, delivery times and costs, supply times, additional charges, etc.). There may be some errors, inaccuracies, or small differences between what is published on the Application and the actual Product. Additionally, any images of the Products are for representation purposes only and do not constitute a contractual element.
   2. Purchases of one or more Products through the Application are allowed for both Consumer Users and Professional Users.
   3. For individuals, purchases are allowed only if they are adults. For minors, any purchase and/or request for supply of Products through the Application must be reviewed and authorized by parents or those exercising parental responsibility.
   4. The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be considered a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below.
   5. The sales contract for the Products is considered concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the email address provided by the User, which will include the order date, User data, Product characteristics and availability, price or price calculation method, any additional charges and taxes, supply and execution times, delivery address, delivery times and any delivery costs, methods for exercising the right of withdrawal or its possible exclusion, and warranty.
   6. The sales contract for the Products is not considered effective between the parties in the absence of what is indicated in the previous point.
   7. In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking if they intend to confirm the order or not. It is understood that the contract will be considered perfected concerning the Products accepted by the Owner.
   8. The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of their order, the related confirmation, and the Conditions.
4. Prices and payments
   1. For each Product, the price and VAT, if applicable, are indicated. If the nature of the Product makes it impossible to calculate it in advance, the price calculation methods are indicated.
   2. Additionally, all applicable taxes, additional costs, and delivery charges that may vary depending on the destination, chosen delivery method, and/or payment method used will be indicated. If these cost items cannot reasonably be calculated in advance, there will be an indication of which costs will be charged to the User.
   3. The Owner reserves the right to change, at any time, the price of the Products and any additional costs. It is understood that any price changes will not affect contracts already concluded before the change.
   4. The User undertakes to pay the price of the Product within the times and methods indicated in the Application and to provide all the necessary data if requested.
   5. All communications relating to payments are made using a connection protected by an adequate security system. The Owner ensures the storage of this information with an additional level of security and in compliance with the current legislation on personal data protection.
5. Invoicing
   1. The User who wishes to receive an invoice will be asked for billing information. For the issuance of the invoice, the information provided by the User will be relied upon, which they declare and guarantee to be true, releasing the Owner from any liability in this regard.
6. Delivery methods for tangible Products
   1. Tangible Products (including any tangible goods with digital elements) will be delivered to the address indicated by the User, with the methods and within the term chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the usual time required to deliver the Product from the moment the courier takes charge.
   2. If it is not possible to provide the requested Products, timely notice will be given via email to the User, indicating when it is expected to be able to deliver them or the reasons that make the supply impossible.
   3. If the User does not intend to accept the new term or delivery has become impossible, they may request a refund of what was paid, which will be credited promptly in the same payment methods used by the User for the purchase, at most within 14 days from the date the Owner became aware of the refund request.
   4. Upon receipt of the Product, the User is required to verify its conformity with the order placed and the integrity of the packaging. If there are obvious damages to the packaging and/or the Product, the User may refuse the delivery of the Product and return it without any cost to them. Once the delivery document is signed, the User cannot make any objections regarding the external characteristics of the delivered Products.
   5. The Owner will not be liable to any party or third parties for damages, losses, and costs incurred as a result of non-performance of the contract due to force majeure.
7. Exclusion of the right of withdrawal for Professional Users
   1. The Professional User is not granted the right to withdraw from the sales or supply contract of the Products. The User expressly acknowledges that indicating a VAT number in the order automatically qualifies them as a Professional User, for whom the right of withdrawal is not provided.
8. Right of withdrawal for Consumer Users from the purchase of tangible Products
   1. The Consumer User has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the email address info@dedans.it, using the optional withdrawal form referred to in the following article or any other written declaration.
   2. In the case of separate delivery of multiple Products ordered by the Consumer User with a single order, the 14-day period for exercising the right of withdrawal starts from the day the last Product was received.
   3. In the event of withdrawal, the User must return the Product to the Owner without undue delay and in any case no later than 14 days from the date they communicated their decision to withdraw from the contract. The User will bear only the direct cost of returning the Product, unless the Owner has declared to bear it.
   4. In the event of correctly exercised withdrawal, the Owner will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day the User communicated their intention to withdraw from the contract.
   5. The Owner is not required to refund delivery costs if the User has expressly chosen a type of delivery different from the least expensive type of delivery offered by the Owner.
   6. The Owner, unless they have offered to collect the Product themselves, may withhold the refund until they have received the Product or until the Consumer User has demonstrated that they have returned it.
   7. The Owner will not accept returns if the Product is found to be malfunctioning due to improper use, negligence, damage or physical, aesthetic, or surface alterations, tampering or improper maintenance, or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging them the shipping costs.
9. NOTE: Cases of exclusion of the User’s right of withdrawal
   1. The right of withdrawal from the sales or supply contract of the Products by the User is excluded concerning the supply of Products made to measure or clearly personalized.
   2. For further clarification, contact the Owner at the email address info@dedans.it or by calling customer service at 02 36722745.
10. Optional form for exercising the right of withdrawal
    1. The User may withdraw using the following form, which must be completed in all its parts and sent to the email address info@dedans.it before the withdrawal period expires:

I hereby communicate the withdrawal from the sales or supply contract relating to the following product __________

Order number:_______

Ordered on: _______

Name and Surname: _______

Address: ______

Email associated with the account from which the order was placed: ____________________

Date: __________

1. Warranty of tangible Products for Professional Users
   1. In relation to tangible Products, Professional Users will be subject to the warranties for defects in the sold item, the warranty for promised and essential quality defects, and other warranties provided by the civil code with the related terms, expirations, and limitations (articles 1490 et seq. c.c.).
2. Warranty of conformity of tangible Products for Consumer Users
   1. Consumer Users are granted the warranty of conformity, provided by articles 129 and following of the Consumer Code, for all tangible Products sold through the Application, except for the exclusion cases provided by article 128 of the Consumer Code.
   2. The Owner is liable to the Consumer User for any lack of conformity that arises within two years from delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery as it is presumed to have already existed at that date, unless this assumption is incompatible with the nature of the Material Product or the nature of the lack of conformity.
   3. If the Consumer User intends to avail themselves of the remedies provided by the warranty of conformity, they must send a written communication to the email address info@dedans.it or by calling customer service at 02 36722745.
   4. The Owner will promptly respond and indicate to the Consumer User the procedure to follow.
   5. For matters not covered by this clause, articles 128 to 135-septies of the Consumer Code and the articles of the civil code regarding the formation, validity, and effectiveness of contracts, including the consequences of contract termination and the right to compensation for damages, apply.
3. Industrial and Intellectual Property Rights
   1. All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement, and adaptations are protected by copyright law and trademark protection law. The Application may also contain images, documents, logos, and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Except for strictly personal uses, it is not allowed to copy, alter, distribute, publish, or use the Contents without specific authorization from the Owner.
4. Exclusion of warranty
   1. The Application is provided “as is” and “as available” and the Owner does not provide any express or implied warranty regarding the Application, nor does it guarantee that the Application will meet the Users’ needs or that it will never have interruptions or be error-free or free of viruses or bugs.
   2. The Owner will endeavor to ensure that the Application is available uninterruptedly 24 hours a day, but cannot be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended without notice in case of system failure, maintenance, repairs, or for reasons entirely beyond the Owner’s control or due to force majeure events.
5. Limitation of Liability
   1. The Owner cannot be held liable to the User, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the internet network beyond their control or that of their suppliers.
   2. The Owner will also not be liable for damages, losses, and costs incurred by the User as a result of non-performance of the contract for reasons not attributable to them, with the User being entitled only to the possible full refund of the price paid and any additional charges incurred.
   3. The Owner assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards and other payment methods, at the time of payment, if they demonstrate that they have taken all possible precautions based on the current science and experience and based on ordinary diligence.
   4. The Owner will not be responsible for:
      1. any loss of business opportunity and any other loss, even indirect, suffered by the User that is not a direct consequence of the breach of contract by the Owner
      2. incorrect or inappropriate use of the Application by Users or third parties
      3. the issuance of incorrect documents or tax data due to errors related to the data provided by the User, who is solely responsible for the correct entry
   5. In no case shall the Owner be held liable for an amount exceeding twice the cost paid by the User.
6. Force majeure
   1. The Owner shall not be held liable for failure or delay in fulfilling its obligations due to circumstances beyond the Owner’s reasonable control caused by force majeure events or, in any case, by unforeseen and unforeseeable events, and in any case, independent of its will.
   2. The fulfillment of the Owner’s obligations shall be considered suspended for the period during which force majeure events occur.
   3. The Owner will take any action within its power to identify solutions that allow for the proper fulfillment of its obligations despite the persistence of force majeure events.
7. Links to third-party sites
   1. The Application may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is not in any way responsible for the content of these sites/applications.
   2. Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the enjoyment of the service provided by third parties will apply, for which the Owner assumes no responsibility.
8. Privacy
   1. The protection and processing of personal data will occur in accordance with the Privacy Policy
9. Applicable law and competent court
   1. The Conditions are subject to Italian law.
   2. For Professional Users, any dispute relating to the Application, execution, and interpretation of these Conditions shall be submitted to the Court of Milan.
   3. For Consumer Users, any dispute relating to the application, execution, and interpretation of these Conditions shall be submitted to the court of the place where the Consumer User resides or has elected domicile, if located within the territory of the Italian State, without prejudice to the Consumer User’s right to bring a case before a judge other than the “consumer court” pursuant to art. 66 bis of the Consumer Code, competent by territory according to one of the criteria set out in articles 18, 19, and 20 of the civil procedure code.
   4. The application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence is reserved, particularly in relation to the period for exercising the right of withdrawal, the period for returning Products in case of exercising such right, the methods and formalities of communication of the same, and the legal guarantee of conformity.
10. Online dispute resolution for Consumer Users
    1. The Consumer User residing in Europe should be aware that the European Commission has established an online platform providing an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute related to and/or arising from online sales contracts for goods and services in a non-judicial manner. Consequently, the Consumer User can use this platform to resolve any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 05/02/2023