These General Terms and Conditions of Sale (hereinafter "General Terms and Conditions") are drafted in accordance with the legislative provisions set forth in the Civil Code, Legislative Decree of April 9, 2003, no. 70 regarding information society services and electronic commerce, and Legislative Decree of September 6, 2005, no. 206 (c.d. Consumer Code), and, in particular, Chapter I of Title III of Part III (Articles 45-67) and Regulation (EU) 1169/2011, and govern the offer and sale of pet articles and food through the http://www.dogecatmegastore.it/ website (hereinafter "the Site").
The products included in the Online Catalog are sold by Dog & Cat Megastore s.r.l., Via Verdi, S.S.18, 84090, Montecorvino Pugliano (SA), Italy, company owner of the Site, P.I. 05707810650, email address shop@dogecatmegastore.it, pec dogcatmegastore@pec.it, registration no. reg. imprese Salerno n. SA 05707810650
1.1 The General Conditions apply to and govern all contracts of sale concluded online through the Site of the Dog & Cat Megastore, as identified above, hereinafter "the Seller";
1.2 The General Conditions may be subject to change at any time; each User, therefore, is required to consult the aforementioned, before proceeding with any purchase;
1.3 In any event, the version of the General Terms and Conditions in effect on the date the purchase order is sent shall apply to each sale.

SHOPPING ON THE SITE

2.1 The purchase of Products on the Site is reserved for natural persons acting as consumers and who are over eighteen years of age;
2.2 A consumer is defined as a natural person acting for purposes unrelated to the commercial, entrepreneurial, craft and professional activity carried out, if any, as defined pursuant to art. 3, co. 1, lett. a), of Legislative Decree September 6, 2005, n. 206 (Consumer Code);
2.3 The purchase made through the Site implies for the User the full knowledge and acceptance, without reservation, of the General Conditions.

INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT

3.1 In order to purchase online, the User must fill in the appropriate form on the Site.
3.2 The User is forbidden to enter data, in whole or in part, untrue; the personal data and e-mail communicated must, therefore, be personal and real, and not of third persons and/or fantasy.
3.3 The User, by filling out the form, attests, under his/her sole responsibility:
- the correctness and truthfulness of the data requested for the activation of the service;
- that he/she is at least eighteen years of age;
- to act as a consumer.
3.4 As by law, prior to the confirmation of the order, the Seller will make available to the User all the information referred to in Article 49 of the Consumer Code;
3.5 In order to finalize each order, the User is required to confirm the economic transaction having as its object the payment of the price of the Products placed in the cart; to this end, at the end of the procedure of choosing the Products and confirming the User's data, the Site redirects the latter to the page dedicated to the economic transaction;
3.6 Orders that do not record the corresponding economic transaction are automatically cancelled;
3.7 Once it has received confirmation of the validity of the means of payment indicated in the order and confirmation of the same, the Seller will send the User, by e-mail, to the e-mail address communicated when completing the form, a written confirmation of the order, as provided for in art. 51, co. 7 of the Consumer Code;
3.8 The offer of Products through the Site constitutes an offer to the public within the meaning of art. 1336 cc; the completion and proper sending of an order through the Site implies, therefore, acceptance of the aforementioned offer. The contract, therefore, shall be considered concluded when the Seller has knowledge of the User's acceptance, formalized by means of the above order form.
3.9 The Seller, however, reserves the right not to accept the order in the event of failure to authorize payment by credit card by the relevant manager;
3.10 The User may, at any time, track the progress of the shipment by entering the order number in the "Shipment Search" section on the http://www.gls-italy.com/ website, or by contacting GLS Italy SpA - Salerno Headquarters, Via Bosco II, SP195, 84091, Battipaglia (SA), Italy, at +39 0828 35 03 62, or by sending an email to salerno@gls-italy.com
3.11 The User, in any case, must always keep the order number communicated to him by the Seller, since this must be indicated in any communication with the Seller;
3.12 The language available to conclude a contract of sale through the Site is Italian;
3.14 The User undertakes, once the online purchase procedure has been concluded, to see to the conservation of the General Conditions which, moreover, he will have already viewed and accepted, as an obligatory step in the purchase procedure;
3.13 In case of non-acceptance of the order, the Seller will promptly notify the User, by e-mail.

PRODUCT AVAILABILITY

4.1 The catalog of the Products may be periodically updated by the Seller, who, therefore, makes no guarantee as to the permanence of a product among those available online; under no circumstances does the Seller guarantee the availability of all the Products in the catalog;
4.2 In the online catalog, each product is accompanied by a descriptive card that illustrates its main characteristics; the images and colors of the Products present in the descriptive cards may, however, not correspond faithfully to the real ones, as a result of the settings of computer systems or devices used by the User to view the Site. The images published, therefore, should be understood as indicative and subject to normal tolerances of use;
4.3 If, although selectable through the order form, the chosen product is not available, the Seller will promptly notify the User by e-mail, providing information about the time required for the delivery of the ordered product.

PRICES, PURCHASE CONDITIONS AND PAYMENT TERMS

5.1 The sale prices are those published online at the time the order is placed and are inclusive of VAT, but not of transportation costs and do not include any taxes, duties, or other economic and/or fiscal charges applicable in the country of destination of the products, where this is different from Italy, which will be borne exclusively by the customer; prices are expressed in euros;
5.2 The prices indicated in the online catalog may be subject to change without prior notice. It is the User's responsibility, therefore, to ascertain the final price before submitting the purchase order;
5.3 The Seller reserves, also, the right to apply different selling prices depending on the country of delivery of the Products;
5.4 Payment for the Products can be made through the following methods: PayPal, strype and credit card.

DELIVERY METHODS, FEES AND OTHER CHARGES

6.1 The Seller will deliver the goods through GLS Italy SpA, with a shipping time starting from the moment in which the online sales contract is finalized. Shipping terms are intended as indicative and not exhaustive: any delays in the delivery of the goods do not entitle the User to terminate the concluded online sales contract. The Products are delivered directly to the User, at the shipping address specified by the User when ordering and is understood to be made at ground floor, house number (accessible to normal means of transport);
6.2 Upon delivery of the Products to the carrier, the User will receive a confirmation notification by e-mail from the Carrier, in which it is informed that the package is being delivered. Therefore, you are advised to check your e-mail inbox in order to ensure your presence (or that of a designated person) at the time of delivery;
6.3 Upon delivery, oral notice of pickup is made to the recipient and/or persons present at his or her residence. From that moment, the risk of loss of or damage to the Products shall transfer to the User.
6.4 In case of absence of the User at the time of access of the courier, the Carrier will leave a written notice in which will be indicated the contact details to be contacted to arrange the second delivery. The loss or damage of the goods must be contested in writing by registered letter with return receipt, which must be received by the Carrier under penalty of forfeiture of the right to compensation for damages, no later than eight days after receipt of the goods and/or discovery pursuant to and for the purposes of Article 1698 of the Civil Code.

USER'S OBLIGATIONS UPON DELIVERY

7.1 The User acknowledges that the collection of the Products represents an obligation arising from the contract of sale concluded with the Seller;
7.2 In the event of non-delivery due to the absence of the addressee during the attempts provided for by the procedure applied by the courier, the package will remain in storage and it will be the obligation of the User to collect it;
7.3 Should the User fail to collect the package in storage, the Seller shall be relieved of any responsibility and the costs of storage and redelivery to the recipient shall be charged to the Buyer;
7.4 If the User, does not collect the package in storage and intends to request delivery of the Products will necessarily have to proceed with a new order;
7.5 Upon receipt of the Products, the Customer is required to verify the conformity of the same in relation to the order, paying attention, in particular, that:
. . the number of packages indicated on the letter of the carrier corresponds to the number of packages actually delivered;
. . the package is intact and not damaged or tampered with.
7.6 Any anomalies (such as, for example, tampering, damage to the package) must be specifically indicated in writing directly on the carrier's transport document, and the User must refuse the delivery;
7.7 The User is requested, therefore, to sign the transport document only after the verifications referred to in Article 9.8.
7.8 If the User does not proceed in accordance with the preceding points, and, therefore, accepts the delivery of the Products even in the case of damaged or tampered packaging, the User will forfeit the legal guarantee of conformity of the Products.
7.9 Once the courier's document has been signed, the User will not be able to object to the delivery.

RIGHT OF WITHDRAWAL

8.1 In accordance with the provisions of Article 52, co. 1 of the Consumer Code, the Customer has the right to withdraw from the Contract within fourteen days without having to provide any reasons.
8.2 The withdrawal period expires after fourteen days from the day on which the Customer or a third party, other than the Carrier and designated by the Carrier, acquires physical possession of the Products. In the case of a purchase contract relating to multiple Products ordered in one order and delivered separately, the fourteen-day period shall run from the day on which the Customer or a third party, other than the Carrier and designated by the Carrier, acquires physical possession of the last good.
8.3 In order to exercise the right of withdrawal, the Customer shall inform the Seller of its decision to withdraw from the Contract by sending an express statement regarding the exercise of the right of withdrawal before the expiration of the withdrawal period to that effect to shop@dogecatmegastore.it
8.4 In the event of withdrawal by the Customer from the Contract, all payments made by the Customer to the Seller shall be refunded, without undue delay and in any event no later than fourteen days from the day on which the Seller receives the notice of withdrawal. Such refunds shall be made using the same means of payment used by the Customer for the initial transaction, unless expressly agreed otherwise; in any event, the Customer shall not incur any costs as a consequence of such refund.
8.5 The Customer shall return the Products or deliver them to GLS Italy SpA - Salerno Headquarters, Via Bosco II, SP195, 84091, Battipaglia (SA), without undue delay and in any event within fourteen days from the day on which it communicated its withdrawal from the Contract. The deadline is met if the Customer returns the goods before the expiration of the fourteen-day period. The costs of returning the Goods shall be borne by the User.
8.6 In accordance with the provisions of Article 59, co.1, letter e), of the Consumer Code, the Customer may not in any case exercise the right of withdrawal in the case of sealed Products that, for hygienic reasons or reasons related to health protection, have been opened after delivery.
8.7 Additional exceptions to the Right of Withdrawal concern the supply of custom-made or clearly personalized goods (e.g., engraved medallions); the supply of goods that are likely to deteriorate or expire quickly; bulk products (reported in the product description on the site).

WARRANTY OF CONFORMITY

9.1 All Products marketed through the Site enjoy the legal guarantee of conformity established by Articles 128 et seq. of the Consumer Code, applicable, in any case, only to the consumer;
9.2 Pursuant to the law, the Seller has the obligation to deliver to the User goods in conformity with the contract of sale;
9.3 The Seller shall be liable to the User for any defects in conformity of the Products existing at the time of delivery of the aforementioned, which must be properly reported within the day following delivery to the address reclami@dogecatmegastore.it specifying in the subject line of the email "complaints order N°______";
9.4 Excluded from the conformity defects and, therefore, from the legal warranty are any defects or damages caused by accidental facts or by User's responsibility or by use of the Products not in accordance with their intended use, or by normal wear and tear.

BILLING

For every order placed on the http://www.dogecatmegastore.it/ site, the Seller will issue an electronic invoice, a courtesy copy of which will be attached to the shipped package.

PRIVACY

The User's personal data, of which the Seller is in possession, will be processed, in accordance with the European Data Protection Regulation No. 679/2016, only for contractual, administrative or fiscal fulfilments. The same data may be used only for newslettering activities by Dog & Cat Megastore s.r.l, regarding offers or promotions on purchased products. The data controller is Dog & Cat Megastore s.r.l in Via Verdi, S.S.18, 84090, Montecorvino Pugliano (SA), Italy - email address: info@dogecatmegastore.it. For any information on the use of personal data, the User must refer to the privacy policy of Dog & Cat Megastore present in the section specifically dedicated within the Site

COMPLAINTS

12.1 Any complaints regarding the shipment may be reported to GLS Italy SpA at sa.reclami@gls-italy.com or by contacting GLS Italy SpA - Salerno Headquarters at +39 0828 35 03 62.
12.2 Any complaints regarding the Products may be forwarded to reclami@dogecatmegastore.it specifying in the subject line of the email "Order Complaints N°_______".
12.3 Online dispute resolution for consumers through ODR. The European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Accordingly, if you are a European consumer, you can use such platform for the resolution of any dispute arising from the online contract concluded with the Holder. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).

APPLICABLE LAW AND JURISDICTION

13.1 These General Conditions and any and all Contracts of Sale entered into with the User shall be deemed concluded in Italy and governed by Italian Law.
13.2 For the resolution of any dispute arising from the conclusion of contracts of sale at a distance referred to in the Site and therefore referable to these General Conditions of Sale, if the Customer is a consumer, the territorial jurisdiction is that of the reference court of his town of residence or domicile, while in all other cases, the territorial jurisdiction is exclusively that of the Court of Salerno.