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Terms of Sale

Dear Customer,

Thank you for choosing DualPicks.

In accordance with Legislative Decree 206/2005, as subsequently amended and supplemented, lastly by Law 214/2023, as well as Legislative Decree 70/2003, we hereby provide you with the General Terms of Sale governing the sale of products through the website www.dualpicks.it and www.dualpicks.com, a portal owned and managed by Seeft di Bufarini Simone (VAT number 02983090420 - Tax Code BFRSMN92T23E690H), a sole proprietorship under Italian law, headquartered in Jesi (AN), Via Ponte Pio no. 6, pec: simone.bufarini@pec.it, and, therefore, the contractual relationship between, for simplicity hereinafter, DualPicks, which is a patented product and registered trademark, and its buyers.

We invite you to carefully read these Terms of Sale before making a purchase because, by making any purchase, you will fully accept them.

Please note that DualPicks does not sell products to persons under the age of eighteen, therefore, by accessing the portal www.dualpicks.it and www.dualpicks.com, you declare that you are of legal age.

Users under the age of 18 can freely access the site www.dualpicks.it and www.dualpicks.com but only involving a parent or guardian.

1) THE TYPE OF INFORMATION TO YOUR PROTECTION

The purpose of these Terms of Sale is to provide DualPicks Customers with clear and understandable information regarding:

  1. a) the main characteristics of the goods, as identified on the individual web pages dedicated to them, before the purchase choice;
  2. b) the identity of the seller, including the geographical address where DualPicks is established, the telephone number, the ordinary email address, and the certified email address, to enable the Customer to quickly contact DualPicks and communicate effectively, as well as the contact to which the Customer can address any complaints;
  3. c) the total price of the goods, including taxes, or, if the nature of the goods makes it impossible to reasonably calculate the price in advance, the manner of calculating the price and, if applicable, all additional shipping, delivery, or postal charges and any other costs, or, if such charges cannot reasonably be calculated in advance, a statement that such charges may be incurred;
  4. d) the methods of payment, shipping, and performance, the date by which DualPicks undertakes to ship the requested products and, if applicable, the handling of complaints by DualPicks;
  5. e) the conditions, terms, and procedures for exercising the right of withdrawal in accordance with the applicable legislation;
  6. f) information on whether and what cost the consumer will bear for returning the goods in case of withdrawal if the goods, by their nature, cannot normally be returned by post;
  7. g) how to submit a withdrawal request, including the costs for which the Customer is responsible towards DualPicks;
  8. h) a reminder of the existence of the legal guarantee of conformity for goods and any post-sale assistance conditions for the Customer, post-sale services, and commercial guarantees;
  9. i) the possibility to request a copy of the electronic documentation related to the purchase;
  10. j) the possibility of using an out-of-court complaint and redress mechanism to which DualPicks is subject and the conditions for accessing it.

2) THE NATURE OF THE CONTRACT

The presentation of products on the website www.dualpicks.it and www.dualpicks.com constitutes an invitation to offer.

If you wish to purchase one or more products, you can select them one by one, adding them to your cart.

Once you have selected all the items you intend to purchase, you can confirm your cart and place the order.

At this point, a summary page will appear showing what you ordered, highlighting:

  • the list of selected products;
  • the quantity for each selected product;
  • the individual price of the product and the shipping options (with their related costs);
  • the request to choose your preferred shipping, transport, and payment method from those offered by DualPicks.

At the bottom right of the cart page, you will find a button labeled 'proceed to payment,' which you must click to place your order; this operation, called 'point and click,' implies the obligation to pay for the ordered items and binds you to the chosen purchase, subject to the right of withdrawal specified below in point 3.

The order will then be considered as your contractual purchase proposal addressed to DualPicks for the products listed in the above screen, considered individually.

As soon as we receive your order, DualPicks will send you an email - from the email address info@dualpicks.com - confirming receipt of the order, called 'Order Confirmation,' with an attached receipt for the chosen payment method.

No other communication, different from the one indicated above and/or coming from a different account than the one indicated above, will have the validity of Order Confirmation.

The sales contract will be perfected only when we send you the aforementioned 'Order Confirmation' containing information about:

  • summary of the purchased products (description, code, quantity, and price);
  • methods of shipping the purchased products;
  • expected shipping date.

If your order is processed through multiple shipments, you may receive separate Order Confirmations.

You can cancel your order before receiving the Shipping Confirmation, provided that the order has not been prepared for the shipping process.

In this case, no costs will be charged to you.

You agree to receive invoices in electronic format, which will be sent by email from the address info@dualpicks.com.

3) RIGHT OF WITHDRAWAL

Without prejudice to the exceptions indicated by the Consumer Code (Legislative Decree 206/2005) in point 6, if you are a Consumer Customer, you have a period of fourteen days to withdraw from the order placed, without having to provide any reasons and without having to bear any costs other than the shipping costs for returning the returned item.

The withdrawal period mentioned above starts from the day you or a third party other than the carrier and indicated by you, acquires physical possession of the purchased item.

In the case of multiple items ordered through a single order and delivered separately, the withdrawal period starts from the day you or a third party other than the carrier and indicated by you, acquires physical possession of the last item.

In the case of delivery of an item consisting of lots or multiple pieces, the withdrawal period starts from the day you or a third party other than the carrier and indicated by you, acquires physical possession of the last lot or piece.

In the case of contracts for the regular delivery of items over a specified period of time, the withdrawal period starts from the day you or a third party other than the carrier and indicated by you, acquires physical possession of the first item.

You must notify DualPicks of the exercise of the right of withdrawal in accordance with the following instructions using the appropriate withdrawal form.

To exercise the right of withdrawal in accordance with the legislation for your protection, it is necessary that the relevant communication is sent before the expiration of the 14-day period from the above occurrences and that the product is returned to DualPicks at the address indicated in the email message that will be sent to you in response to your withdrawal communication.

You can consult the specific information related to the right of withdrawal here: dualpicks.com/return-policy

For more information on the right of withdrawal, you can contact us at the email address help@dualpicks.com.

4) DUALPICKS' OBLIGATIONS FOLLOWING THE EXERCISE OF THE RIGHT OF WITHDRAWAL

Before the withdrawal period expires, if you are a Consumer Customer, you must inform DualPicks of the decision to withdraw from the contract, in the above-mentioned ways and using the appropriate withdrawal form.

Only by complying with these formalities and following these operations will you have exercised the right of withdrawal in accordance with the applicable legislation.

Following the withdrawal notification, DualPicks will send you, without delay, a confirmation of receipt of such communication.

The burden of proof regarding the exercise of the right of withdrawal, in accordance with this article, rests with the requester of the withdrawal.

DualPicks will refund all payments made by you in relation to the returned product or products, including any shipping costs, without undue delay and in any case within fourteen days from the day it was informed of your decision to withdraw from the confirmed order.

DualPicks will not be obliged to refund additional costs if you expressly chose a type of delivery other than the least expensive type offered by DualPicks.

DualPicks will carry out the refund using the same payment method you used for the initial transaction, unless you have expressly communicated a different method.

If you are a non-consumer customer, it will be necessary to send DualPicks a specific DDT (transport document) for the return.

Unless DualPicks has offered to collect the goods itself, regarding the confirmed order, DualPicks reserves the right to withhold the refund until it has received the goods subject to withdrawal or until you have demonstrated that you have returned the goods subject to withdrawal, whichever occurs first.

5) CONSUMER'S OBLIGATIONS IN CASE OF WITHDRAWAL

You must return the goods or deliver them to DualPicks, or to a third party authorized by it to receive them, without undue delay and in any case within fourteen days from the date you notified DualPicks of your decision to withdraw from the confirmed order, according to the instructions available here.

You will bear the direct shipping costs for returning the goods.

We remind you that in case of withdrawal, you will not be refunded the delivery cost if it is higher than the one proposed by DuaPicks at the time of purchase.

Therefore, except for this additional cost and the shipping cost for returning the item, exercising the right of withdrawal does not involve any responsibility and/or further cost.

The packages containing the returned product must be returned intact and equipped with all informational and fiscal documents related to it, including the warranty tag, if present.

In case of lack or unusability of the informational and fiscal documentation, DualPicks will not be able to proceed with the refund.

You will be responsible for any decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

In case of damage to the item during transport, DualPicks will notify you of the incident (within 5 working days of receiving the item), to allow you to promptly file a complaint with the chosen carrier and obtain a refund of the item's value (if insured); in this case, the product will be made available to you for return, simultaneously canceling the withdrawal request.

DualPicks is not liable in any way for damages or theft/loss of returned goods with uninsured shipments.

The return shipping costs and the means used are your responsibility, and nothing will be reimbursed if the goods are lost or damaged.

6) EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal is excluded for:

  • custom-made or clearly personalized goods;
  • sealed goods that are not suitable for return for health or hygiene reasons and that have been unsealed after delivery;
  • goods that, after delivery, are inseparably mixed with other goods by their nature.

The return cannot be made, and therefore cannot be accepted, if the product is returned without original packaging and accessories.

7) SHIPPING, PRICES, AVAILABILITY, AND RISK TRANSFER

7.1 Unless otherwise agreed between the parties and following specific and exceptional agreements to be concluded by email - in any case after the Order Confirmation - DualPicks undertakes to deliver the goods subject to the contract without undue delay and at the latest within thirty days from the date of sending the Order Confirmation.

The shipping obligation is exactly fulfilled by transferring the material availability, or in any case the control, of the goods to you or your designated agent.

If DualPicks does not fulfill the obligation to ship the goods subject to the Order Confirmation within the aforementioned terms, you will have the right to invite DualPicks to make the shipment within an additional appropriate period under the circumstances, in any case, not less than an additional fifteen days.

If the additional period granted elapses without the goods being shipped to you, you will be entitled to terminate the contract, and DualPicks will be required to refund you, without undue delay, all amounts paid in execution of the contract.

If you are not a Consumer Customer, the products will be supplied according to the Incoterms 2010 and subsequent versions, lastly, where applicable, the Incoterms 2020.

In case of delay due to causes not attributable to DualPicks, no compensation will be due.

The general discipline of Incoterms also applies to shipping insurance, but it is possible to deviate with optional insurance coverage, the cost of which will be quoted upon request by writing to help@dualpicks.com.

7.2 All prices include VAT, applicable according to the law.

Despite DualPicks always striving for maximum customer satisfaction, we cannot rule out the possibility that a price different from the actual one is erroneously indicated in our catalog.

DualPicks will, in any case, check the correctness of the product prices during the order verification process and subsequent shipping of the products.

If, due to misunderstandings or other inconveniences, the price indicated on the site is lower than the correct sale price of a product, we will contact you to verify if you still wish to purchase the product at the correct price; otherwise, your order cannot be accepted.

If, on the other hand, the correct price of a product is lower than the one indicated on the site, we will charge you only the lower correct price and will still ship the product according to the chosen shipping methods.

7.3 The information on the availability of products promoted by DualPicks is listed on the site, as well as on the presentation page of each product.

In addition to the information provided on this page or elsewhere on the site, DualPicks is unable to provide more precise indications regarding the availability of the products.

The estimated shipping and delivery times of the products are purely indicative and cannot be fully relied upon. Once we receive your order, we will notify you via email if any of the products you ordered are not available and/or the expected availability times.

7.4 Following the Order Confirmation, DualPicks will be obliged to ship the goods, and the risk of loss or damage to the goods, for reasons not attributable to DualPicks, will transfer to the Consumer Customer only when the latter, or a third party designated by you and different from the carrier, physically takes possession of the goods.

However, the risk transfers to the Consumer Customer at the time of delivery to the carrier if the latter was chosen by you and that choice was not proposed by DualPicks, without prejudice to the Consumer's rights against the carrier.

8) CUSTOM DUTIES

If the products you ordered are shipped outside of Italy and/or the European Union, they may be subject to import duties and taxes, payable once the package reaches the destination specified by you.

Any additional customs clearance costs will be at your expense.

DualPicks cannot predict and/or control and/or influence these costs as their amount cannot be estimated in advance.

Therefore, before placing the order, we ask you to obtain adequate information from the customs authority of your country of residence or the one related to the requested delivery address.

Please note that when you place orders on the website www.dualpicks.it and www.dualpicks.com, you are considered the importer and are required to comply with the legislation and regulations of the country of destination of the goods.

By reading and accepting these General Terms of Sale, you are aware that cross-border deliveries may be subject to opening and inspection of the products by customs authorities.

9) WARRANTIES ON PRODUCTS SOLD BY DUALPICKS

The warranty regime on products sold by DualPicks differs depending on whether you are considered a buyer or not as a Consumer under Legislative Decree 206/2005 and Directive 2019/771/EC, that is, a natural person acting for purposes outside the scope of their commercial, industrial, craft, or professional activity.

If you are a Consumer, you will benefit from the legal guarantee of conformity to which DualPicks is legally bound for each good sold according to the parameters described below.

We guarantee the goods against defects of conformity with the sales contract: in the presence of defects of conformity, DualPicks - except for recourse to the manufacturer - is liable to the Consumer Customer for any defect of conformity existing at the time of delivery of the good for a period of 2 years, as better specified in point 10.

It is presumed that consumer goods comply with the contract if, where applicable, the following circumstances coexist:

  1. a) they are suitable for the use to which goods of the same type are ordinarily used;
  2. b) they conform to the description made by DualPicks and possess the qualities of the good presented to the Consumer as a sample or model found on the website www.dualpicks.it and www.dualpicks.com.
  3. c) they present the quality and performance typical of a good of the same type, which you can reasonably expect, taking into account the nature of the good and, if applicable, the public statements on the specific characteristics of the goods made in this regard by DualPicks and/or the manufacturer, particularly in advertising or labeling;
  4. d) they are also suitable for the particular use desired by the Consumer and made known to the seller at the time of conclusion of the contract, which the seller accepted also by conclusive actions.

There is no defect of conformity if, at the time of conclusion of the contract, the Consumer Customer was aware of the defect or could not have been unaware of it with ordinary diligence or if the defect of conformity derives from instructions provided by the Consumer.

Where there are defects of conformity, pursuant to the aforementioned Legislative Decree 206/2005, in case of applicability of the legal guarantee, you will have the right to restore the conformity of the good without expenses by repair or replacement, or, if this is not possible, to a reduction of the purchase price or termination of the contract.

You can ask, at your choice, DualPicks to repair the good or replace it, without expenses in both cases, unless the requested remedy is objectively impossible or excessively burdensome compared to the other.

One of the two remedies is considered excessively burdensome if it imposes unreasonable expenses on DualPicks compared to the other, taking into account:

  1. a) the value the good would have if there were no defect of conformity;
  2. b) the extent of the defect of conformity;
  3. c) the possibility that the alternative remedy could be carried out without significant inconvenience to the consumer.

It is specified that by repair is meant, in the case of a defect of conformity, the restoration of the consumer good to make it conform to the sales contract.

Repairs or replacements will be carried out within a reasonable time from the request and should not cause significant inconvenience to the Consumer Customer, taking into account the nature of the good and the purpose for which you purchased it.

For repairs or replacements, you can contact directly at the address help@dualpicks.com

You can request, at your choice, a reasonable reduction in the price or the termination of the contract only in the following situations:

  1. a) repair and replacement are impossible or excessively burdensome;
  2. b) DualPicks, or another entrusted subject, has not carried out the repair or replacement of the good within a reasonable time compared to the request;
  3. c) the previous replacement or repair has caused significant inconvenience (e.g., product still not conforming after repair or replacement);

In determining the amount of the reduction or the sum to be returned, the use of the good is taken into account.

It is specified that, after the defect of conformity has been reported, DualPicks may offer you any other available remedy, with the following effects:

  1. i) if you have already requested a specific remedy, DualPicks will remain obliged to implement it, with the necessary consequences regarding the expiration of the reasonable time, unless you accept the proposed alternative remedy;
  2. ii) if you have not already requested a specific remedy, you must accept the proposal or reject it by choosing another remedy under this article.

We remind you that, under the law, a minor defect of conformity for which repair or replacement is not possible or excessively burdensome does not entitle you to terminate the contract.

10) LIABILITY TERMS FOR DUALPICKS AND CUSTOMER OBLIGATIONS IN CASE OF NON-CONFORMING PRODUCT

DualPicks is liable for defects of conformity manifesting themselves within two years from the delivery of the good.

However, you must report the defect of conformity within two months from the date you discovered it.

The report will not be necessary if DualPicks has acknowledged the existence of the defect or has fraudulently concealed it.

We inform you that, unless proven otherwise, it is presumed that defects of conformity manifesting themselves within six months from the delivery of the good already existed at that date unless this assumption is incompatible with the nature of the good or the nature of the defect of conformity.

It will be your responsibility to always keep the purchase receipt found in the product packaging, as well as the Delivery Confirmation documents.

If you find a defect of conformity in the goods purchased from DualPicks during the validity period of the legal guarantee, please contact us at the following contacts dualpicks.com/contacts.

To the extent permitted by law, DualPicks disclaims any liability if the delivered product does not comply with the legislation of the country of delivery other than Italy.

DualPicks will not be liable in case of delay in the delivery of purchased goods due to insufficient stock at its supplier.

DualPicks will not be liable in case of non-substantial differences between the purchased goods and their illustrative images and text descriptions published on the website www.dualpicks.it and www.dualpicks.com.

Except in cases of willful misconduct or gross negligence, DualPicks will only be liable for any direct and foreseeable damage at the time of the conclusion of the sales contract.

It will not, therefore, be liable for any losses suffered, loss of profit, or any other damage that is not an immediate and direct consequence of the seller's non-fulfillment or that was not foreseeable at the time of the conclusion of the sales contract.

DualPicks is in no way responsible for the fulfillment of obligations by third parties (e.g., manufacturer) who may offer commercial guarantees in relation to the products for sale on the site.

For any defect of conformity, a case will be opened in your name, and you will be assigned a code for the free warranty repair or replacement of the defective product.

In case of replacement, we will deliver the replacement product to you within a reasonable time, and you will be required to return the non-conforming product to us within 30 days from the date you received our notification of the replacement product shipment.

11) CHANGES TO THE GENERAL TERMS OF SALE

DualPicks reserves the right to modify the website www.dualpicks.it and www.dualpicks.com, both in graphics and content, as well as to change sales and/or pricing policies.

These changes will not, in any case, affect orders already confirmed and shipped but will only apply to purchases made after the change.

These General Terms of Sale may always be amended at any time to offer new and different products, update prices, and lastly to make the General Terms of Sale compliant with new legislative or regulatory provisions, European directives in force from time to time.

12) PRINCIPLE OF CONSERVATIVE EFFECTIVENESS

If any provision of these General Terms of Sale is found to be or declared invalid, void, or for any reason unenforceable, such fact will not affect the validity and effectiveness of the other provisions, as well as the validity of the contract and its execution.

Any breaches by the Customer of these General Terms of Sale, tolerated by DualPicks, do not imply a waiver of the right to act against the same, for the violation of assumed obligations.

13) APPLICABLE LAW – ODR

These General Terms of Sale are governed and must be interpreted according to and for the purposes of Italian laws, more specifically by the Consumer Code (Legislative Decree 206/2005, as subsequently amended and supplemented, lastly by Law 214/2023) together with the Italian Civil Code and Legislative Decree 70/2003.

By purchasing, you agree to submit to Italian jurisdiction, administered by the territorially competent Italian Courts.

If you are a Consumer Customer, you may, however, act before the Courts of the EU Member State where you are resident or domiciled to initiate a dispute relating to these General Terms of Sale.

We inform you that the Italian Competition Authority also performs the functions of the competent authority in this matter.

In any case, the jurisdiction of the ordinary judge is reserved.

DualPicks, however, promotes the possibility of out-of-court dispute resolution relating to the consumer relationship, at the bodies established by the chambers of commerce and other accredited conciliation bodies, as well as online dispute resolution bodies (ODR - Online Dispute Resolution) available at the site: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, in accordance with EU Regulation 524/2013.

For any further information, we are available and reachable at the following contacts dualpicks.com/contacts.