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This is a courtesy translation. In the event of any discrepancy, the Italian text prevails, as the only contractually binding version.
Purpose
These General Terms govern the purchase of products made remotely via the internet on the website “dawntowngames.com”, owned by Dice Tower Games Srls, with registered office at Via Veneto 11/1 – 20068 Peschiera Borromeo (MI) – Italy.
Every purchase transaction is governed by the provisions of Italian Legislative Decree no. 206/2005 (formerly 185/99) and, as regards the protection of privacy, is subject to the rules of European Regulation no. 679/2016.
Customer’s obligations
The Customer declares that they are a consumer within the meaning of the above Legislative Decree and of legal age, and that the information they have provided is correct and truthful.
These General Terms of Sale must be reviewed online by Customers visiting the dawntowngames.com website before they confirm their purchases. Submitting the order confirmation therefore implies full knowledge and complete acceptance of them.
Once the online purchase procedure is complete, the Customer undertakes to print and keep these general terms of sale, already viewed and accepted during the purchase process, in order to fully satisfy the requirement of the above Legislative Decree.
To provide a delivery address where someone is present during working hours.
Acceptance of the order / Conclusion of the contract
The purchase of the items requested is completed through the following steps:
1. Submitting the Order
By submitting the order, the customer sends dawntowngames.com an offer to purchase the selected product or products. Submitting the purchase order implies consent (under the above Legislative Decree) to receive the subsequent communications from dawntowngames.com described below, which serve solely to conclude and perform the contract of sale.
The order form will be stored in the dawntowngames.com database for as long as necessary to fulfil it and, in any case, within the time limits set by law.
1.1 Invoice requests
Pursuant to Article 6 of Presidential Decree no. 663 of 26.10.1972, business customers who need an invoice must request it strictly at the time of placing the order, by noting it in the order notes. It is not possible to issue an invoice afterwards.
2. Confirmation
dawntowngames.com confirms receipt of the order submitted by the customer by email, assigning an ‘Order Number’ that must be used in all further communication with dawntowngames.com.
If the confirmation is not received, after checking that it has not ended up in the SPAM folder of your email client, contact Dice Tower Games Srls promptly at sales@dawntowngames.com, providing all the details needed to look into it. You will receive a reply within 24–48 hours, during normal working hours and days.
3. Availability
dawntowngames.com accepts orders for products within the limits of the quantities in stock. Acceptance of the purchase offer is therefore subject to the products being available in the warehouse. Dice Tower Games Srls undertakes to inform the Customer promptly of any unforeseeable stock shortages due to excess demand or other causes. Dice Tower Games Srls will then check the actual stock availability of the goods requested and will confirm the actual acceptance of the order. Incomplete orders will be shipped without the Customer’s authorisation.
3.1 Pre-orders
Some products on the dawntowngames.com website are listed before their actual release date. These are products not yet physically held by Dice Tower Games Srls, for which dawntowngames.com offers the pre-order option: a copy will be reserved for the customer, who can then receive it immediately after release.
The page of a pre-order product always shows the expected release date. That date is the estimated day on which the warehouse will receive the product. Given the uncertain nature of pre-orders, it is not a binding date: for reasons beyond the control of Dice Tower Games Srls, the product may not be available by the date given, which would make the date we stated out of date.
In any case, Dice Tower Games Srls takes care to promptly notify customers of any postponement as soon as it has that information, through a specific communication on its own channels.
Please note that the date given in this way is not to be understood as the expected delivery date of the parcel containing the product to the customer either. In line with our usual company policy, shipping is prepared immediately after the supplier completes delivery to the warehouse. This means that shipments to customers will usually be dispatched within 24–48 working hours of the stated release date. For the purposes of the above, please remember that “working hours” means the hours of non-holiday days excluding Saturday (that is, Monday to Friday).
For mixed orders, containing both pre-order products and products available immediately, Dice Tower Games Srls ships the complete parcel once all the products can be shipped, that is, upon the actual release of the pre-order product. It is up to the customer to request that the shipment be split and the products already available be sent separately. If the order does not match what is found inside the parcel, provided that everything is perfectly intact on the outside (see the notes above), the Customer must promptly contact Dice Tower Games Srls at sales@dawntowngames.com
Dice Tower Games Srls cannot refund the share of the costs charged by the carrier if delivery fails for reasons beyond our control. When confirming the order, the customer therefore undertakes to provide a delivery address where the Products ordered can be delivered during normal working hours (8:30–12:30, 14:00–18:00).
If the release of a pre-order product is cancelled, Dice Tower Games Srls will in any case notify customers of what has happened, so as to proceed with the cancellation of the order — in full, for orders relating only to the pre-ordered product, or in part, for mixed orders, according to the customer’s instructions — and to issue the refund due.
4. Payment
Unless dawntowngames.com expressly states otherwise, the order must be paid within 7 days of Submission. The customer will pay using the method chosen online at the time of purchase: Bank transfer, Credit card, PayPal.
5. Shipping
Dice Tower Games Srls, through a third-party company, will ship the items ordered to the address specified by the customer in the order, using the method requested when ordering, as quickly as possible.
Incomplete orders will NOT be shipped without the Customer’s authorisation. Each shipment must, however, be paid for or in any case considered separately. Shipping costs can be viewed before completing the order, based on the products and quantities chosen.
Dice Tower Games Srls is not responsible for transport, which is entrusted to third parties; refunds are therefore not guaranteed. It is thus up to the customer to check, on receipt of the shipment, that the parcel is intact, with the sealing tape unbroken, not damaged, wet or opened, and in any case in line with standard characteristics. Only after this check should the customer accept delivery. If the parcel shows any of the defects mentioned above, it must be accepted WITH RESERVATION, stating the defect on the courier’s delivery note (for example: “Accepted with reservation because the sealing tape on the parcel is broken: it has been opened and resealed”, or “Accepted with reservation because the parcel is visibly damaged”, or “there is a cut in the box”).
Once delivery has been accepted, no complaint can be raised about the external condition of what was delivered to you (unless it was accepted WITH RESERVATION).
We therefore remind you to always check that the packaging is intact and that the number of parcels is correct on delivery. Without a detailed reservation noted with the courier, requests for replacement or reimbursement cannot be accepted.
Be careful about refusing delivery: this does NOT amount to exercising the so-called right of withdrawal (the right that allows you, within 14 days of delivery, to change your mind about a purchase without giving any reason). To exercise the right of withdrawal, you must follow the formalities required by law and by the contract, and send the goods back to the seller at your own expense, intact as they are presumed to have been shipped. Simply refusing to receive the goods from the carrier therefore does not amount to exercising the right to change your mind. Shipping costs are in any case borne by the contracting customer, so the consumer will remain liable for the costs of both shipments, while being refunded the purchase price of the returned product(s) (intact, as received).
6. Right of withdrawal and returns
Under the aforementioned Legislative Decree, if the customer is a consumer (that is, a natural person who buys the goods for purposes unrelated to their professional activity, i.e. who does not provide a VAT number in the order form to Dice Tower Games Srls), they have the right to withdraw from the purchase contract for any reason, without having to give an explanation and without any penalty. To exercise this right, the customer must send Dice Tower Games Srls a notice to that effect within 14 calendar days of the date of receipt of the goods. The notice must be sent by registered letter with acknowledgement of receipt, addressed to:
Dice Tower Games S.r.l.s.
Via Veneto 11/1
20068 Peschiera Borromeo (MI)
ITALY
Or by certified email (PEC) to dtgames@peceasy.it, or by telegram, in both cases within the above deadline and followed by a confirmation sent by registered letter or PEC with acknowledgement of receipt within the following 48 hours. Alternatively, you can send an ordinary email attaching an identity document (for those who do not have PEC).
Once the above notice of withdrawal has been received, Dice Tower Games Srls will promptly send the customer instructions on how to return the goods, which must take place within 14 days of the notice of withdrawal, pursuant to Article 57 of the Italian Consumer Code.
The right of withdrawal is in any case subject to the following conditions:
– pursuant to Article 49 of the Consumer Code, the withdrawal request must contain:
Recipient (Dice Tower Games S.r.l.s. – Via Veneto 11/1 – 20068 Peschiera Borromeo (MI))
The following wording: I hereby give notice that I withdraw from my Contract of Sale of the following goods and services…
Order no.
Ordered on…
Consumer’s address
Signature and date
– the right applies to the purchased product in its entirety; it is not possible to withdraw from only part of the purchased product;
– the purchased item must be intact and returned in its original packaging, complete in all its parts (including any documentation and accessories: manuals, etc.);
– by law, shipping costs are borne by the customer; any refund will include the shipping costs the customer paid for the initial shipment of the item.
– the shipment is entirely the customer’s responsibility until it has been confirmed as received at our warehouse;
– if the item is damaged in transit, Dice Tower Games Srls will inform the customer of what happened (within the working day after the item is received at its warehouse), so that they can promptly file a claim against the courier they chose and obtain a refund of the item’s value (if insured); in this case the product will be sent back to the customer at their expense, and the withdrawal request will be cancelled at the same time;
Dice Tower Games Srls accepts no liability whatsoever for damage to, or theft or loss of, items returned by uninsured shipment; on arrival at the warehouse, the product will be examined for any damage or tampering not caused by transport. If the original inner/outer packaging is found to be damaged, Dice Tower Games Srls will withhold from the refund due a percentage ranging from 10% to 50% of it, as a contribution to the cost of restoring the goods.
Without prejudice to any restoration costs for verified damage to the original packaging, Dice Tower Games Srls will refund the customer the full amount already paid within 14 days of the date on which the goods were sent back. The customer must promptly provide the bank details for the transfer (the IBAN of the invoice holder).
The right of withdrawal lapses entirely, for lack of the essential condition that the item (packaging and/or contents) be intact, where Dice Tower Games Srls finds:
- that the original outer/inner packaging is missing; that integral parts of the product are missing (accessories, manuals, components, …);
- that the product has been damaged for reasons other than its transport. If the right of withdrawal lapses, Dice Tower Games Srls will return the purchased item to the sender, charging them the shipping costs.
7. Warranties
Products sold by Dice Tower Games Srls.it are covered by the manufacturer’s or importer’s warranty and support, as provided by current legislation. In particular, as provided by Articles 128 et seq. of the Consumer Code, we remind you of the terms and procedures for exercising your rights:
• 2 years of cover
• 2 months from discovery to report the defect
• Remedies: replacement of the item, repair, price reduction and termination of the contract (at the customer’s choice, if this is not excessively burdensome for the seller).
All images are for illustrative purposes only and may not represent the game sold; the title and the “Condition:” stated in the game description are what count.
8. Waiver
Any right of the customer to damages or compensation is excluded, as is any contractual or non-contractual liability for direct or indirect damage to persons and/or property caused by goods purchased from dawntowngames.com.
9. Complaints
Any complaint must be sent to sales@dawntowngames.com
10. Applicable law
The contract of sale between the customer and Dice Tower Games Srls is deemed concluded in Italy and is governed by Italian law. The delivery times stated are the time normally needed to deliver the products and are given for guidance only, without Dice Tower Games Srls undertaking or guaranteeing to meet them.
Governing law and jurisdiction
This agreement is governed by Italian law. Under Article 66-bis of the Consumer Code: “For civil disputes relating to the application of Sections I to IV of this chapter, mandatory territorial jurisdiction lies with the court of the place where the consumer resides or is domiciled, if located within the territory of the State”.
The user acknowledges that this agreement and use of the website do not create any relationship (such as a joint venture, partnership, employment or agency relationship, etc.) between the user and Dice Tower Games Srls. A printed version of this agreement and of any communication given in electronic form shall be considered admissible evidence in any judicial or administrative proceedings.
Alternative Dispute Resolution
ODR clause: “Pursuant to Article 14 of Regulation 524/2013, users are informed that in the event of a dispute they may submit a complaint through the European Union’s ODR platform, available at the following link. The ODR platform is a point of access for users who wish to resolve disputes arising from online sales or service contracts out of court.”
For more information, contact: info@dawntowngames.com
Joint Conciliation
ADR clause: “Under Article 49(1)(v) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), the customer may use the Joint Conciliation procedure.
The procedure may be started if the Customer, after submitting a complaint to the company, has not received a reply within 45 days or has received a reply they do not consider satisfactory.
A Customer who decides to use the Joint Conciliation procedure must send the application to: conciliazione@consorzionetcomm.it or to fax number
+39 02 87181126. For more information, see:
http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl”
Customer Service
For all after-sales support, write to sales@dawntowngames.com stating the reasons for your request. You will receive a reply within 48 hours.
Last updated 13-10-2021