Terms of service

TERMS AND CONDITIONS


These terms and conditions ('the Terms') set out the rules for use by users ('you' or 'your (s)' or 'you', 'you', or 'your (s)', 'you') of the website www.orangeduke.it ('the website') and the related relationship with Orange Duke, whose registered office is located in Via Salvo D'Acquisto, 10 , Bardolino, Verona, 37011, Italy ('we', 'our' or 'to us'). It is recommended that you read them carefully as they concern your rights and responsibilities under the legislation. If you do not agree with these Terms, please do not access and use the website. By ordering any of our goods or services, you confirm your agreement to be bound by these Terms. It is recommended that you print a copy of these Terms for future reference.
If you have any questions regarding these Terms, please do not hesitate to contact us.


1. Agreement


By using the Website, you confirm your agreement to be bound by these Terms and authorize us to transmit the information (including updated information) in order to obtain information from Third Parties, including, but not limited to, the your credit or debit card numbers or commercial information to authenticate your identity, validate your credit card, obtain an initial authorization to use your credit card and authorize individual purchase transactions.


2. Amendments

We reserve the right to:
update these Terms from time to time. Any changes made will be notified to you by means of a special announcement on the website. It is your responsibility to check for such changes. The changes will be applicable to the use of the website, after the relevant notification date. If you do not wish to accept the new Terms, it is recommended that you stop using the website. By continuing to use the website after the effective date of the changes, you will tacitly confirm your agreement to be bound by the new Terms; modify or withdraw, temporarily or permanently, this website and its contents (or any part thereof) without prior notice to the user and you confirm that we will not be held liable to you for any modification or withdrawal of the website and of its contents;
disable any user identification code or password provided by us, regardless of whether chosen by you or assigned by us, at any time, if, in our opinion, you have not complied with any of the provisions of these Terms.

3. Registration


By using this website, you warrant:

  • to be legally capable of entering into binding contracts;

  • that you are at least 18 years old;

  • that the personal data indicated during registration are true, accurate, current and complete in every aspect, and

  • not to impersonate any other person or entity.

You must immediately notify us of any changes to your personal data, by e-mail or by calling our customer service representatives, at:
Tel: +39 3465793045


4. Privacy Policy


We will ensure the confidentiality of all your personal data and will only use it in accordance with our Privacy Policy. Furthermore, we will process your personal data in accordance with our Privacy Policy. By using our website, you consent to such processing and ensure the accuracy of all data provided by you.

During your purchases on this website, you will be asked to enter personal data to allow us to identify you, for example, your name, e-mail address, billing address, shipping, credit card information, or other payment methods. We confirm that such data will be stored by us in accordance with our registration with the office of the Guarantor for the protection of personal data.



5. Safeguarding your security


To ensure that your credit or debit card is not used without your consent, we will validate your name, address and other personal data provided by you during order processing by referencing appropriate Third Party databases.
We take the risk of Internet fraud very seriously. Considering the increasing number of fraudulent credit card transactions, we do everything possible to ensure that all orders are fully verified using the data already provided. In this regard, we may contact you to carry out further security checks and request your cooperation to help us complete them. We will not tolerate any fraudulent transactions and such transactions will be notified to the relevant authorities.
By accepting these Terms, you confirm your agreement to the implementation of such verifications. In the course of carrying out these checks, the personal data you provide may be disclosed to a registered credit insurance agency, which may keep a record of such data. We guarantee that the above will only be done to confirm your identity, that no creditworthiness check will be carried out and that the assessment of your creditworthiness will not be affected in any way. All data you provide will be handled securely and strictly in accordance with the Personal Data Protection Act, 1998.



6. Compliance

The website may only be used for legal purposes and in a legal manner. You confirm your agreement to ensure compliance with all applicable laws, statutes and regulations regarding the Website and its use. You confirm that you will not:
upload or transmit, through the Website, any computer virus, Trojan horse, worm, logic bomb or any other element designed to interfere with, interrupt or destabilize the normal operating procedures of a computer;
upload or transmit, through the website, any material of a defamatory, offensive or obscene nature, and attempt to obtain unauthorized access to our site, to the server where the site is saved or to any server, computer or database connected to our site. You must not attack our site through denial-of-service attacks or distributed denial-of-service attacks.
By failing to comply with this provision, you will be committing a criminal offense under the Computer Misuse Act of 1990. We will notify any violation to the relevant law enforcement authorities and we will work with those authorities, informing them of your name. In the event of such violation, your right to use the website will be immediately forfeited.
We will not be liable for any loss or damage due to distributed denial of service attacks, viruses or other materials. technologically dangerous that could infect your computer, computer programs, data or other proprietary material, as a result of your use of our website or the download of any material published on it or on any website linked to it.



7.Third party link


As a convenience to our customers, the website may include links to other websites or materials, which are beyond our control. For information, we are not responsible for of such websites or materials, we do not verify and do not endorse them. We will not be held responsible for the privacy practices or the content of such websites, nor for any damage, loss or offense caused or alleged to be caused by the use or trust placed in any advertising, content, product, material or service available on such websites or external resources.


8. Orders


All orders are subject to acceptance and availability. If the ordered goods are not available, you will be notified by e-mail (or by other means, if you have not provided any e-mail address) and you will have the right to wait until the materials are available in stock or to cancel the order.
Any order confirmed by you will be treated as an offer to purchase goods or services from us, which we have the right to refuse at any time. You confirm that any automated confirmation of your order that we may receive by us will not be deemed to be our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will come into effect when ( i) we will have charged the relevant amount to your credit or debit card or Paypal account or (ii) we will have delivered the goods or activated the services, whichever occurs later. At that time, we will send you an E-mail confirming that the contract has been concluded ('Supply confirmation'). The contract will refer exclusively to goods or services whose delivery has been confirmed by us in the Supply Confirmation. We will not be obligated to provide any other goods or services that may be included in your order, until such goods or services have been confirmed in a separate Shipping Confirmation.
We will take all reasonable care, as well as our possibility, to protect the data of your order and related payment, but, in the absence of negligence on our part, we cannot be held responsible for any losses you may suffer if a third party accesses in an unauthorized manner any data provided by you during accessing or transmitting an order from the website.
The products sold on the website are not intended for resale or distribution. We reserve the right to cancel any orders and / or suspend accounts, should we believe that the products are ordered in violation of this provision.
Once we have received the products delivered to the address indicated by you, we will assume the responsibility and any risk of non-refund of the ordered products. While the risk of loss or damage to products passes to you only after delivery to the delivery address, ownership of the products will subsequently pass to you: (a) the products shipped by us; and (b) we who receive payment for them.



9. Rights to cancel

If you have purchased goods or services as a consumer (i.e. for private use and not for commercial purposes), you will be entitled to cancel any contract entered into with us, within 14 days from the date of receipt of the goods or services ( 'Cool off period').
If you cancel a contract during the Cooling Off Period:
you must inform us by contacting us or writing to infoorangeduke@gmail.com; you must keep the goods or services in your possession and ensure that they are kept in the same condition they were in at the time of delivery, until such goods or services are collected by us or until they are returned by you; we will inform you about the estimated date of collection of the goods or services. The goods and services will be collected by us within 28 days of receiving your cancellation notice. In this respect, we will charge the costs of collecting the goods and services, which will be deducted from any amounts to your credit. Alternatively, you can return the goods or services to us by contacting an operator of our customer service at +39 3465793045 (from 9.00 to 18.00, from Monday to Thursday, and Friday from 9.00 to 17.00) who will be able to provide you with details on the 'shipping address; we will refund any amounts you have paid to us within 14 days of receiving your cancellation notice.
If you return any goods to us for different reasons (for example, if you believe the goods are faulty) , we will examine the returned goods and, provided any defects are found, we will either repair or replace any defective goods or refund you the full amount (including, if applicable, shipping charges and any reasonable costs incurred by you for the return of the articles). It is recommended that you follow our returns authorization procedure by contacting us by phone or by e-mail. It is recommended that you contact us as soon as possible, preferably within 3 days of receiving the goods. If we find that the returned product is not defective, you will be charged for the postage costs incurred.
Details of your legal right of cancellation, as well as an explanation on how to exercise it, are set out in the Confirmation shipping. This provision does not affect your further statutory rights as a consumer.



10. Price and payment

All prices shown on the website include VAT (where applicable) at the rates in effect and are correct at the time the information is entered into the system. However, we reserve the right to change prices at any time, without prior notice (unless any change does not affect the orders for which we have sent you a Shipping Confirmation).
If the your delivery address is within the UK, you will not be charged additional fees. If your delivery address is outside the UK, you may be subject to the payment of import duties and taxes (including VAT), which must be collected as soon as the delivered goods reach the country of destination. Any such additional costs will be at your expense. (if your delivery address is within the European Union ("EU") see "Responsibility for customs clearance for EU delivery addresses"). Keep in mind that customs practices and policies vary greatly from country to country. Please contact your local customs office to inquire about it.
Payment can be made using any known credit or debit card or via your Paypal account. In case of use of PayPal, a 1% commission will be applied on the total order. The payment of the order will be debited and withdrawn from your account before the delivery of the goods or the provision of the service.
In the unlikely event that the price displayed on the checkout page is incorrect, and should we detect such an error prior to accepting your order, in accordance with clause 9, we will not be required to sell you the goods at the indicated price Although we try to always ensure the correctness of the prices of the goods displayed on our website, sometimes involuntary errors may occur. Should we detect an error in the price of the goods you have ordered, we will notify you as soon as possible, offering you the opportunity to reconfirm your order at the correct price or to cancel it. In the event that you cancel the order and have already paid for the goods (not yet delivered), you will receive a full refund.
Confirm that you are the holder of the credit or debit card or account Paypal used. All credit / debit card holders are subject to confirmation checks as well as authorization from the card issuing bank. In the event that the issuing bank of your payment card refuses or does not authorize, for any reason, the payment in our favor, we will not be held responsible for any delay or non-delivery.
SEPA payments
If payment is made via SEPA:

(a) You authorize us to collect the payment using the bank details you provide and you undertake to request your bank to pay the transaction;
(b) Collection of the payment can take between 7 - 14 days and will not be visible on your statement until the money transaction takes place;
(c) The payment will be recorded on your bank statement under [Orange Duke]
(d) You agree that, in the event that the bank account provided has not sufficient funds to cover the payment, Orange Duke reserves the right to:
  • Try to collect payment one or more times
  • Charge you for any additional charges caused by this transaction, including any bank charges.
You will be authorized to use discount codes strictly according to the terms and conditions under which they were issued which, among other things, may include terms relating to your ability to use them, as well as the maximum order value. It is recommended that you familiarize yourself with these terms and conditions before confirming any order, as we reserve the right to refuse or cancel any order that does not comply with these terms, even if the amount has already been charged to your credit card. or debt. In the event of any inconsistency between the terms and conditions under which the discount codes were issued and these terms and conditions, the terms and conditions of the discount codes will prevail. A copy of the terms and conditions of use of the discount code can be requested by sending an email or by calling our customer service representatives:
Send an email via your account . Here you can find detailed information on how to contact him.
or phone calls: Tel: +39 3465793045


If your credit card payment fails, we reserve the right to retry within 48 hours. In the event that the payment process is not yet successful, we will send an e-mail notice to your e-mail address at least 48 hours before a further attempt. If you do not wish to do so, you must cancel your order before the next payment processing attempt.

Responsibility for customs clearance for EU delivery addresses

Only for orders shipped from the UK.

For shipments to addresses within the EU, for legal reasons you are the importer of the goods and are responsible for all import formalities as well as any duties, tariffs or taxes that may be applied by any authority Customs However, we have collected these amounts as part of your purchase and, by accepting these conditions, you authorize us to appoint one of our selected couriers to complete any required customs formalities on your behalf including the payment of any possible taxes or tariffs to the customs authority. clerk. The courier in charge will deliver the goods to you as well as carry out the customs formalities on your behalf. These customs formalities will be carried out in different countries depending on the country your delivery address belongs to and the carrier used. Your goods will be cleared in one of the following "customs clearance countries".

DPD

1. Cyprus (For addresses in Cyprus)

2. France (for addresses in France, Austria, Bulgaria, Croatia, Czech Republic, Estonia, Greece, Italy, Latvia, Lithuania, Portugal, Romania, Slovakia, Slovenia, Hungary)

3. Ireland (for addresses in Ireland)

4. Malta (For addresses in Malta)

5. Spain (For addresses in Spain)

6. Netherlands (for addresses in the Netherlands, Belgium, Denmark, Finland, Germany, Luxembourg, Poland and Sweden)

Hermes

7. Belgium (For addresses in Belgium and Ireland)

8. Otherwise, in the country your address belongs to.

DHL

9. In the country where your address belongs.

P2P

10. Netherlands (for all addresses)

This means that you will be charged any duties, tariffs or taxes at the rate applicable in the country of customs clearance - these will be paid on your behalf by the appointed carrier. These customs clearance countries are subject to change without notice.

By accepting these conditions, you agree that we will appoint a carrier to act on your behalf as described above, and that the carrier will act exclusively for you as your direct customs representative.

We do not issue tax invoices for shipments to the EU from the UK. Any document certifying the purchase provided by us upon your request is provided entirely at our discretion, and serves only as a record thereof. The document may not comply with the requirements imposed by the tax authorities in your local jurisdiction for VAT refund purposes, and we are unable to provide further documentation in this regard.

11. Intellectual property

The content of the website is protected by copyrights, trademarks, databases and other intellectual property rights. You hereby confirm that the material and content forming part of the website will remain our property or the property of our licensors.
You can call up and view the content of the website on a computer, save such content electronically on disk (but not on servers or other storage devices connected to a network) or print a copy for personal use, not for commercial purposes, provided all copyright and proprietary notices are kept intact. Otherwise you will not be able to reproduce, modify, copy, distribute or use, for commercial purposes, any of the materials or contents of the website.


12.Limited liability


Supply of Goods


(a) Except as set forth in clause 14 (b), in the event that we do not comply with these Terms, we will be liable to you, only for losses suffered as a result of the aforementioned non-compliance (regardless of whether it arises from contract, tort (including negligence), breach of legal obligations or otherwise) that are a foreseeable consequence of such breach
(b) Nothing set forth in the following Terms excludes or limits our liability against:
(i) death or personal injury due to our negligence;
(ii) fraud or misrepresentation;
(iii) any breach of the obligations under Section 12 of the Sale of Goods Act, 1979 or under Section 2 of the Supply of Goods and Services Act, 1982;

(iv) defective products under the legislation on pr Consumer Protection Act, 1987; or
(v) any knowing breach of these Terms, which would authorize you to terminate the Agreement, or
(vi) any other event for which it would be illegal for us exclude or attempt to exclude our liability.
Use of the website


The website is provided 'as is' and 'as available', without the issue of any representations or endorsements. We also make no warranties, either express or implied, with respect to the website and its use. You acknowledge that we cannot guarantee and cannot be held responsible for the security or confidentiality of the website and any information that you provide. You will have to assume the risk associated with the use of the Internet.
While we will try to ensure that the material included on the website is correct, reliable and of superior quality, we cannot accept any liability in case contrary. We will not be responsible for any errors or omissions or the results of the use of such information, nor for any problem you may face while using the website. If we are informed of any inaccuracies in the material on the website. , we will try to remedy it promptly, as reasonably as we can.
In particular, we decline all responsibility for the following:
  • incompatibility of the website with any of your equipment, software or telecommunications links;

  • technical problems, including website errors or interruptions;

  • unsuitability, unreliability or inaccuracy of the website, and

  • website does not conform to your requirements.

As permitted by applicable law, you confirm your agreement that we will not be held liable to you or any third party for any consequential or incidental damages (both terms include, without limitations, pure economic loss, loss of profits, loss of business, loss of anticipated savings, unforeseen expenses, loss of privacy and data) or any other indirect, special or punitive damages of any nature arising from or connected to your use of the website.



13. Disjunction


If any part of the Terms is deemed illegal, void or, for whatever reason, unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions of the Terms.



14.Waiver


No waiver on our part will be considered as a derogation from any legal procedure or subsequent violation of any provision



15. Global agreement


These Terms form the global basis of any agreement entered into between you and us.



16. Legislation and jurisdiction


Applicable Regulations and Competent Court


16.1 These Terms and Conditions are governed by Italian law.


16.2 Pursuant to Article 66 bis of Legislative Decree no. 206/2005 "Consumer Code", for disputes to which a consumer is a party, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer himself, if located in the territory of the State.



17. Online Price Beater Orange Duke


1. The components must be of the same quality.


2. The product must be located in Italy.


3. We need to be able to verify the offer.


4. The product must be in stock and ready to be shipped on the same day from the site at a lower price. Backorders will not be eligible for alignment and we do not offer any price alignment on out-of-stock products.


5. The product must be a new product, not a demonstration item, and must not be discounted as it is damaged or obsolete.


6. No other coupons or promotional codes can be used with price alignment.


7. Price alignment must be completed BEFORE ordering the product from us. No price alignment requests will be accepted for items already ordered and / or shipped.


8. We reserve the right to exclude 'special offers'.


9. We only carry out price alignments for single products and not for product combinations.


10. The company must have been in business for at least 6 months and must be able to accept online payments. Otherwise the decision will be at our sole discretion.


11. The product must be identical (size, taste and quality). Pro-rata price alignment remains at our sole discretion.


12. We reserve the right not to match prices if we do not find it comparable or fair.


13. We reserve the right to cancel this service at any time, without prior notice.


14. Our decision is final.


18. Recommendation program



Under the terms described below, you can earn 'credits' for use on this Website by referring us to a new customer (s) through our referral program by sharing the link Referral Code and / or the Referral Code we will send you (the “Referral Program”). You can participate as a 'referrer' in this Referral Program, if you have already placed an order on this Internet Site.
A new customer is a person who has not placed an order on our site (a "Friend to whom you have recommended us "). If the friend you referred us to already has an account on our site but has never placed an order, they are eligible to participate in the Referral Program only through the 'referral link'.
If the friend you have recommended us to already has an account on our Site, then they will not be able to participate in the Referral Program using the 'referral code' (even though they have never placed orders). you recommended has clicked on your referral link, the discount code will be automatically applied at checkout.

For the avoidance of doubt, any credit generated through the Referral Program, can be spent exclusively on the Site, and neither you nor the friend to whom you have recommended us, you will be able to receive any type of payment deriving from this credit. The credit cannot be redeemed in the form of cash. The credit from the Referral Program displayed on your account is not transferable in any way.
You will receive the credit on your account 24 hours after the order from the friend you recommended has been sent. If the friends you recommended us to cancel the order for any reason within 24 hours of shipment, you will not be able to receive any credit. You will receive your credits in the current currency on the Site.
The credits accumulated through the Referral Program, not used in the 90 days following the date of crediting, will no longer be usable.
The friend you have recommended us to must place an order of the minimum value indicated on the Site, which varies from time to time.
Subscription products are excluded from the Referral Program. If you are participating in the Referral Program, you will not be able to participate in affiliate programs, refund offers and / or any other promotions of this nature.
We may, at our discretion, withdraw your credit generated through the Referral Program at any time. Recommendation, if we believe or suspect fraudulent, deceptive or use not in line with the terms of the Referral Program.


19. Offers on the site


Site / Discounts for Selected Items
The discount is applied to the cart, excluding gifts and other promotional items. The maximum discount value and percentage will vary by promotion.
Multi-Tier Discounts
Discount obtained when offer requirements are met. The maximum discount value and percentage will vary depending on the promotion.
Countdown / Countdown Discount
The discount percentage decreases periodically over time as indicated. The maximum discount value and percentage will vary depending on the promotion.
Sales / Prices Was-Now
The discount automatically applied to the products as shown on the product pages. In some cases, the sale price may be combined with an offer code, however this depends on the promotion.
Gifts
The gift (s) are automatically added to your cart when the offer requirements are met. In some cases, gifts must be manually added to the cart in order to provide additional information.
Free Delivery
Applied at checkout, the discount will correspond to specific national delivery costs. Shipping to other countries may still incur a charge.
Multi-Buy
Discount applies to cheapest item in cart that meets promotional requirements.


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