Sale conditions

This document is a legal agreement between you, the User, and the entity providing Di Nunzio Store. It governs your use of the online properties and, in any case, for the use of the services provided.

“Terms and Conditions (or Terms, or Agreement)”: means that the terms of this agreement are binding on the relationship between you and Di Nunzio Store once you have accepted the terms.

“User”, “you”, “your”, and similar terms, either in singular or plural form, refer to you, the User, as natural or legal person.

“Consumer”: any natural person who, in commercial practices covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession.

“We”, “our” and similar terms: refer to the corporation that owns and manages Di Nunzio Store.

“Order Confirmation”: indicates the e-mail that Di Nunzio Store send when the products are shipped as dispatch confirmation of some or all of the purchased products.

“Purchase Order Process”: indicates the e-mail that Di Nunzio Store send when the purchase order was received.

“Service”: the service offered by Di Nunzio Store as described in these terms.

“Withdrawal Form”: is the form to fill out and send to Di Nunzio Store in case of withdrawal from the purchase.

“Return Form for Replacement”: is the form to fill out and send to Di Nunzio Store in case of defects discovered in products purchased.

The sale and purchase of products on Di Nunzio Store constitute a distance selling agreement governed by multiple regulations, including:

• European Directive 2000/31/CE (Electronic Commerce) for the users residing in the European Union;

• Directive 2011/83/EU (Consumer Rights), for the Consumers residing European Union;

• Regulation 302/2018 EU (Geo-blocking);

• lgs. 206/2005 (Consumer Code); provisions set by the Italian Civil Code in terms of distance selling.

UpSystems reserves the right to modify these Terms at any time, informing Users by e-mail and within the website itself.

Therefore Users are invited to consult the latest version of the Terms and Conditions before making any purchase.

The applicable Terms and Conditions are those applicable on the date of dispatch of the Purchase order.

Users who continue to use POLIMI GSoM Store after the publication of the changes accept the new Terms in their entirety.

In order to use Di Nunzio Store, you must read this Agreement carefully and agree to accept the same and the Privacy Policy which is an integral part of the Agreement.

If you don’t accept the Terms you cannot use the Service.

1.6 Geo-blocking Prohibition (Users in EU) (Users in EU)

In compliance with current regulations concerning Geo-blocking, POLIMI GSoM Store makes no distinction between prices, promotions, payments or shipping, based on the consumer’s country of origin.

The EU User, who buy from our store, purchase under the same conditions laid down for all Users within the European Union.

To purchase on Di Nunzio Store, a prior registration is not require. However, during the purchasing process, it is required that the data entered must be correct, complete and true to dispatch the order.

The user will be required to fully accept these Terms and the Privacy Policy before moving forward with the completion of the order. For everything that is not expressly authorized by this paragraph, refers entirely to the use of the service by registered users indicated below.

Users shall be required to register by providing, in a true and complete manner, all of the necessary data in the registration form and accept the Privacy Policy along with the following Terms.

The User is obliged to safeguard your access credentials and maintain their confidentiality.

The registration Credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Di Nunzio Store without delay, in case of suspected improper use and / or disclosure of the same.

It is understood that Di Nunzio Store cannot, under any circumstances, be held liable in the event of the loss, dissemination, theft or unauthorized use by third parties of the user access credentials, on any grounds.

Registered users can delete their own accounts, request the cancellation or stop using the Service at any moment, through Di Nunzio Store’s interface or by contacting directly Di Nunzio Store via the contact addresses provided in this document.

Di Nunzio Store, in the event of violation of these Terms, reserves the right to suspend or terminate the User’s account at any time and without notice.

Di Nunzio Store reserves the right to suspend or terminate the User’s account at any time and without notice if it considers that:

• the user is in breach of the Agreement; and / or

• the access to or use of the Service may cause damage to Di Nunzio Store, to other users or to third parties; and / or

• the use of Di Nunzio Store by the User may result in violation of the law or of the applicable regulations; and / or

• in case of investigations conducted in response to legal actions or to government involvement; and / or

• the account is deemed by Di Nunzio Store, in its sole discretion and for any reason, inappropriate or offensive or in violation of the Agreement or not in line with the standards of Di Nunzio Store.

The content available on Di Nunzio Store is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.

Di Nunzio Store grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User’s device.

Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Di Nunzio Store, nor allow any third party to do so through the User or its device, even without User’s knowledge.

Where explicitly stated on Di Nunzio Store, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Di Nunzio Store, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Di Nunzio Store does not moderate the content or links provided by third parties before their publication on Di Nunzio Store.

Di Nunzio Store is not responsible for the content provided by third parties or for its availability.

Users are responsible for their own content and that of third parties that they share through Di Nunzio Store, that they upload and post on or that they transfer by any other means.

Users confirm that they have all the necessary consents from third parties whose data and/or content they share with Di Nunzio Store and hereby indemnify the Owner for any liability or claim arising against Di Nunzio Store in connection with illegal distribution of third-party content or unlawful use of the Service.

Di Nunzio Store does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

In particular, Di Nunzio Store may decide to suspend or interrupt the visualization of content in the event that:

• other Users file complaints;

• a notice of infringement of intellectual property rights is received;

• it is decided to do so in view of, or as a result of, legal action;

• said action is solicited by a public authority; or

• if it is believed that the content, while being accessible via Di Nunzio Store, may put at risk the Users, third parties, the availability of the Service and/or Di Nunzio Store.

The only rights granted to Di Nunzio Store in relation to content provided by Users are those necessary to operate and maintain Di Nunzio Store.

Users may use third-party services or content included in Di Nunzio Store, but they must be aware of these third parties’ terms and conditions and have given consent to them.

No circumstances will Di Nunzio Store be deemed liable in relation to the proper functionality or availability, or both, of third-party services.

The Service shall be used only in accordance with these Terms.

Users are not allowed to:

• reverse engineer, decompile, disassemble, modify or create derivative works based on Di Nunzio Store or any portion of it;

• circumvent any technology used by Di Nunzio Store or its licensors to protect content accessible via it;

• copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Di Nunzio Store;

• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Di Nunzio Store or its content;

• rent, lease or sublicense Di Nunzio Store;

• defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way;

• disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;

• misappropriate any account in use by another User;

• register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Di Nunzio Store in any way;

• use Di Nunzio Store in any other improper manner that violates the Terms.

Each order sent constitutes an offer to purchase products. Upsystems SpA (as manager of the Di Nunzio Store) reserves the right, at its sole discretion, to accept or reject the Order after checking the availability of the product covered by the proposal, under the conditions set out in the same. The User has to select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is placed through confirmation of the same and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form.

The order processing receipt does not constitute acceptance of the order. The sale contract is entered into when the Order Confirmation email is sent by Di Nunzio Store to the email address provided by the User.

Upsystems SpA reserves the right not to confirm an order, communicating to the User within 10 (ten) working days of placing the order, to the e-mail address associated with his purchase, the possible unavailability of one or more of the purchased products. In this case Upsystems SpA will refund the price and shipping costs incurred by the User.

Users who intend to purchase as a company, in possession of a VAT number, have to contact Upsystems SpA for their order, in order to issue an invoice net of VAT.

It’s possible to use the e-mail address: storedinunzio@upcommerce.com

Upsystems SpA uses third-party tools for its payment processing and is not connected, in any way, with any of the provided payment information – such as the credit card – provided by the User.

You can use the following methods as tools for a secured payment process:

• Bank Transfer

• Credit Card

• PayPal

• Cash on Delivery

Any costs related to the denied payments shall be paid by the User.

All the prices are inclusive of VAT and expressed in currency of the country from which you purchase. The resulting total price at the end of the purchase procedure is inclusive of transport charges, but does not include custom duties and/or possible additional charges on the sale price, necessary in order to import goods in non-EU countries. Any supplementary charges relative to clearance procedures shall be paid exclusively by the User.

To get acquainted in detail with all of the possible payment options, you can visit the section Payment methods present on the website.

For PayPal method, it’s possible and recommended to read the terms of use at the following link.

The Service will be available from Monday to Friday from 9:00 to 17:00 CET and will respond to customer requests by this email address: storedinunzio@upcommerce.com

For the correct management of the requests, the Customer Service will use a ticketing system.

The Customer service reserves a maximum time of 72 hours to process and to correctly manage the requests.

Any request received on public holidays will receive a response on the first business day.

The products remain the property of Di Nunzio Store until the price of the ordered products is fully paid up.

Prices, descriptions or availability of the products on display are subject to change without notice, on the understanding that the price charged to the User is the one published on the product information sheet at the time the order is placed.

The photos posted are indicative and may not be exact representation of the product.

Di Nunzio Store will do its best to present the characteristics of the products with the highest degree of detail possible within each sheet corresponding to the product viewed by the User. Di Nunzio Store may differ from the real ones due to multiple factors including, by way of example only, the User’s terminal monitor, photographic filters, etc. Therefore, the User acknowledges and agrees that any such minor differences do not constitute a lack of conformity of the products.

In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by the law, Di Nunzio Store will refund the total due Amount without undue delay and, in any case, within 15 (fifteen) working days from the collection date. This amount will be credited to the same payment method used by the user for the purchase or other method of payment agreed between the User and Upsystems SpA. Possible delays in crediting may depend on the bank, the type of credit card or the payment solution used.

The Order is executed in the terms specified in the summary page and in the Order Confirmation e-mail the email order confirmation, subject to the availability of the product ordered.

Upsystems SpA reserves a period of 1-5 working days for the appropriate preparation of the Order. Upsystems SpA shall not be responsible for any damage caused to the User in the event of delays in delivery that are not dependent on foreseeable circumstances by the parties when sending the Order Confirmation.

Shipping costs vary depending on the size, weight, number and destination of the items chosen.

All delivery information, details on taxes and duties, as well as the shipping destination can be viewed at the following link.

Deliveries will be carried out by:

• SDA for shipments Italy > Italy

• FedEx for shipments Italy > the rest of the world

with variable times depending on the destinations. Please note that delivery times are indicative only and are calculated from the shipping date.

Di Nunzio Store does not assume responsibility for delays in customs clearance, but undertakes to minimize any inconveniences.

Please note that Di Nunzio Store reserves a variable time to prepare the order before delivery to the carrier and the shipment starts, which shall be indicated in the purchasing process.

After placing an order, you will receive an email containing all the details of your purchase. If you would like more information, do not hesitate to get in touch with us. As soon as the package is delivered to the courier, it begins its telematic traceability and is estimated on the day of arrival.

You can follow the progress of the delivery, by accessing the courier tracking page, through the link that we will send you.

Customs duties are calculated according to the laws of the Country through which the goods transit. Normally, customs duties are always charged to the recipient before delivery. In the clearance process of the shipment Di Nunzio Store and the carrier do not intervene directly. This type of management is always carried out by the customs of the country where the goods transit.

Customs fees and every additional cost are charged to the User.

If you carry out a shipment within the EU, no customs fee will be applied on your dispatch.

Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.

It is the responsibility of the User to verify the condition of the product that has been delivered. On the understanding that the risk of loss or damage to the Products, for reasons not attributable to Di Nunzio Store, is transferred to the user when the user, or a third party appointed by him, other than the carrier, enters physically in possession of the Product. It is recommended to the user to check the number of Products received and that the packaging is intact, not damaged or wet or otherwise altered, including the sealing materials and we invite the user, in his interest, to set out on the carrier transport document any anomalies, by accepting the package with reservations. The reception without reserve of products, in fact, does not allow the user to take legal action against the carrier in case of loss or damage to the Products, except in the case where the loss or damage results from willful misconduct or gross negligence of the carrier himself and with the exception of the partial loss or damage not identified at the time of delivery, provided that in the latter case, the damage is reported upon seeing it and no later than 10 (ten) days after receipt. If the package shows visible signs of tampering or alteration, it is also recommended to the user to immediately notify the Customer Service of Di Nunzio Store.

This is without prejudice and, in any case, in compliance with the application of the rules on the right of withdrawal, and legal warranty.

In case of failure to collect within the time period set by the carrier, the products will be returned to Di Nunzio Store, who will refund the price of the products including the cost of shipping.

Di Nunzio Store cannot be held responsible for delivery errors due to inaccuracy or incompleteness in filling the purchase order form by the User or any damage occurred to the products after delivery to the carrier, in case this one was chosen and instructed by the user, or for delays in delivery attributed to the carrier.

In case of purchasing products or services on Di Nunzio Store, the User has the right to withdraw from the contract, without giving any reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or third party – other than the carrier and appointed by the User – acquires physical possession of the goods.

The User is required to inform Di Nunzio Store of the decision to withdraw through an explicit statement sent to the listed contacts before the withdrawal period has expired.

To exercise the right of withdrawal, the user must send a request using the following form an explicit statement of your decision to withdraw from the Agreement (Declaration of Withdrawal).

Since the burden of proof of exercising the right of withdrawal before expiry of the withdrawal period is borne by the user, it’s in his interest to keep a copy of the e-mail sent to Di Nunzio Store with the declaration of withdrawal.

To this end, to perform the right of withdrawal, the user can use the following model:

Adressed to:

UpSystems S.p.A. – Operating office: Via di Motta della Regina, 6 – 71121, Foggia (FG) – Italy

Herewith I/we notify the withdrawal from my/ our contract of sale of the following goods/services:

________________________________________________________________________________________________ (enter here a description of goods/services you wish to withdraw)

Ordered on: _________________________________________________________________ (enter the date)

Received on: _________________________________________________________________ (enter the date)

Name of the consumer(s): _________________________________________________________________

Address of the consumer(s): _______________________________________________________________

Date: ____________________________________________________________________________________

(Signature of the consumer (s) only if this form is served on paper)

The User is also free to express their choice to terminate the contract in any other equivalent form.

If the User withdraws from this contract, all payments made to Upsystems SpA will be refunded, including delivery costs (with the exception of additional costs resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered) without undue delay and in any case no later than 14 days from the day on which Di Nunzio Store is informed of the User’s decision to withdraw from this contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise.

The refund may be suspended until receipt of the goods or until the User demonstrates that he has sent the goods back, if earlier.

The User shall send back the goods or hand them over to Di Nunzio Store without undue delay and in any case within 14 days from the day on which he communicates his withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14 day period.

The costs of returning the goods will be covered by the User.

Products returned damaged or used in a different way and beyond what is necessary to establish their nature, characteristics and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. The refund is excluded when the decrease in value equals the total value.

The User is asked to return the goods attaching a copy of the delivery document received.

The right of withdrawal is excluded in all cases in relation to:

• Goods made to specifications or clearly personalized (clearly personalized refers to goods that are realized in a unique way for the Customer, with names, logos, etc, in such a way that it is impossible for the seller to re-use the product);

• the supply of goods that are liable to deteriorate or expire rapidly;

• the supply of sealed goods which are not suitable to be returned for hygienic reasons or related to the protection of health and were unsealed after delivery.

The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply to the User who qualifies as a consumer, i.e. to the User who acts for purposes unrelated to his/her business and professional activity.

The User undertakes to indemnify Di Nunzio Store and its Owner (as well as any companies controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal expenses incurred to defend oneself in court, which may arise due to damage caused to other Users or third parties, in relation to the contents uploaded online, the violation of the law or the terms of these Terms of Service.

Di Nunzio Store and all the features accessible through Di Nunzio Store are made available to Users, under the terms and conditions set out in the Contract as amended from time to time, without any guarantee, explicit or implicit, that is not mandatory by law.

In particular, there is no guarantee of suitability of the services offered for specific goals pursued by the User.

The use of Di Nunzio Store and the functionalities accessible through the website is carried out by the Users at their own risk and under their own responsibility.

In particular, Di Nunzio Store, within the limits of applicable law, is liable for damages of a contractual and non-contractual nature towards Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of Di Nunzio Store’s activity. Therefore, POLIMI GSoM Store shall not be liable for:

• any losses that are not a direct result of the breach of the Agreement by Di Nunzio Store;

• any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

•damages or losses resulting from interruptions or malfunctions of Di Nunzio Store due to force majeure event or, in any case, to unforeseen and unpredictable events and, however, independent of the will and beyond Di Nunzio Store’s control such as, but not limited to, malfunctions or disturbances connected to telephone or electrical lines, to the Internet and / or to other transmission instruments, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party applications or services;

• incorrect or unsuitable use of Di Nunzio Store by Users or third parties.

All Products sold on Di Nunzio Store are covered by the Legal Guarantee of Conformity.

The User who purchases as a Consumer has the right to a legal guarantee on the conformity of the products and services purchased within the limits of 24 (twenty-four) months from purchase (unless the product expires earlier than this timeframe).

The User who purchases as a Company has the right to a legal guarantee on the conformity of the products and services purchased within the limits of 12 (twelve) months from purchase (unless the product expires earlier than this timeframe).

To exercise the warranty right, the User is required to contact Di Nunzio Store via the contact information contained in this document, giving an accurate description of the defect found, within two months of discovering the defect.

If the lack of conformity of the product is ascertained, the User has the right to obtain, at his choice, the replacement or return of the product.

The User also has the right to request from Di Nunzio Store an appropriate reduction in the price or the termination of the contract and the consequent re-crediting of the amounts paid in the following cases:

• if replacement proves impossible;

• if Di Nunzio Store has not replaced the goods within a reasonable period, in any case not less than 15 (fifteen) days;

• if the previously carried out replacement has caused inconvenience to the User.

To guarantee Users the best possible use of the Service, Di Nunzio Store reserves the right to interrupt the Service due to the need for maintenance or updating of the system, informing Users through constant updates in this regard.

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Di Nunzio Store and its Service without Di Nunzio Store’s express prior written permission, granted either directly or through a proper reselling program.

For information about the use of personal data, Users must refer to the Privacy Policy of Di Nunzio Store.

All trademarks, figurative or nominative, and all other signs, trade names, service marks, word marks, commercial names, illustrations, images, videos, logos that appear regarding Di Nunzio Store are and remain the exclusive property of Di Nunzio srl or its licensors and are protected by applicable trademark laws and relevant international treaties.

All trademarks and all other signs, trade names, service marks, word marks, commercial names, illustrations, images, videos, logos relating to third parties and the contents published by such third parties on Di Nunzio Store are and remain the exclusive property or in the availability of said third parties and their licensors and are protected by current trademark laws and related international treaties. Di Nunzio Store does not own the ownership of such intellectual property rights and can only use them within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.

Users declare to be of adult age according to the legislation which applies to them. Under no circumstances, children under the age of 13 can use Di Nunzio Store.

Furthermore, the User who makes the purchase through Di Nunzio Store declares and guarantees that the person who will receive the shipment of the purchased products is of age according to the legislation applicable to the latter.

Di Nunzio Store reserves the right to transfer, assign, dispose of by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User’s rights provided for herein are not prejudiced, without prejudice to the possibility for the User to freely withdraw from the Contract. The User will be promptly notified of any transfer.

The User may not assign or transfer in any way their rights or obligations under the Terms without the written authorization of Di Nunzio srl.

All communications relating to Di Nunzio Store must be sent using the contacts indicated in these Terms.

If one or several provisions of these Terms are or become invalid or unfeasible in whole or in part, this shall not affect the validity and feasibility of the other provisions. In such case, the parties will replace the invalid or unfeasible provision by a provision that is valid and feasible. The same applies correspondingly in the event that there are potential legal shortcomings in these Terms.

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the Italian State and to the exclusive jurisdiction of Bari’s court.

An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.

The consumer resident in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve non-judicial disputes relating to and/or deriving from contracts for the sale of goods and services stipulated online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract stipulated with Di Nunzio Store.

The platform is available at the following link.

Di Nunzio Store is available for any questions submitted by the email address: storedinunzioa@upcommerce.com.

Pursuant to the articles. 15 et seq. of the General Data Protection Regulation 2016/679 (GDPR), you, as a data subject, have the following rights regarding your personal data:

• The right to request access to your personal data (Art. 15 GDPR);

• The right to rectification or erasure of your personal data (Art. 16 and Art. 17 GDPR);

• The right to restriction of, or to object the processing of your personal data (Art. 18 and Art. 21 GDPR);

• The right to data portability (Art. 20 GDPR).

Please note that your rights according to 2), 3) and 4) above will only exist under certain conditions pursuant to the GDPR and may, therefore, not apply vis-à-vis us. Furthermore, you always have the right to lodge a complaint with a data protection authority.