Terms and conditions

1. D.A.C. S.r.l., (VAT IT06539501004) with registered office in Rome, Via della Magliana 214, (hereinafter referred to as the "Forwarder"), is a company specializing in the provision of shipping services through partner carriers (hereinafter the "Carriers", or if used in the singular, the "Carrier"). The Forwarder also operates through the website www.thedonkey.it (hereinafter the "Website") through which individuals or legal entities (hereinafter the "Users") can authorize the Forwarder to enter into a contract of carriage with the selected Carrier for the transport of goods, at the price and under the conditions set by the Carrier.

2. REGISTRATION

2.1 Registration on the Website is free.

2.2 To register, you must select the appropriate "register" section and fully enter the required personal data (name, surname or company name, address, tax code or VAT number, email address) and accept these terms of use and the privacy policy.

2.3 Registered Users can modify their personal data or cancel their registration at any time by accessing the Website.

2.4 Users are responsible for the truthfulness and accuracy of the personal data entered.

2.5 If the User registers as an individual by only entering the tax code for billing purposes, they will be considered a consumer pursuant to Article 3 of Legislative Decree September 6, 2005, No. 206 (Consumer Code) with the application of the relevant regulations.

3. PURCHASE OF SERVICES

3.1. Once registered, the User can proceed to order one or more shipments by selecting the chosen Carrier and entering:

- name and surname or company name and address of the sender (which may be different from the registered user);

- name and surname or company name and address of the recipient;

- dimensions of the shipment, including weight;

- content of the shipment;

- shipping method (collection by the courier or delivery of the shipment to the collection point).

3.2 After entering the shipment details and adding the purchase to the cart, the User can view the summary of the shipping price (including costs and taxes). Once the order is confirmed, it will be possible to proceed with the payment of the summarized price.

3.3 The Forwarder, within 3 days from payment, will send, at its sole discretion, acceptance or rejection of the purchase order. The order may be rejected, for example, because the content of the shipment is dangerous or its shipment is prohibited (see, for illustrative and non-exhaustive purposes, the list of prohibited shipments on the Website) or it is not possible to guarantee its integrity. Upon acceptance of the order, the mandate contract given to the Forwarder to enter into the contract of carriage with the Carrier will be considered concluded.

3.4 If, after confirmation, the purchased services are no longer available or are available under different conditions, the Forwarder will contact the User to allow them to evaluate alternative solutions or to cancel the order.

3.5 In case of rejection of the order or cancellation of the order pursuant to Article 3.4 above, the Forwarder will refund the amount paid by the User (through the same payment method used, where possible), but the right to compensation for any damages, indemnities, or allowances is excluded.

4. PAYMENT METHODS

4.1 The agreed price can be paid through the instruments indicated on the Website (main credit card circuits, including prepaid cards, PayPal, or bank transfer). Costs incurred by the Forwarder for unsuccessful payments will be charged to the User.

4. OBLIGATIONS OF THE PARTIES

4.1 The Forwarder undertakes to keep the information on the Website always up to date. The Forwarder also undertakes to execute the mandate received from the User with the diligence of a good family man and therefore to enter into the contract of carriage with the Carrier object of the received and accepted purchase order, according to the methods and terms thereof, except as provided in Article 3.4 above.

4.2. The User guarantees, under their responsibility, that the shipment does not contain dangerous, illegal goods or goods whose possession and/or transport is prohibited under current national or international regulations and that, in the case of international shipment, the content of the shipment can be exported to the destination or transit countries.

4.3 The User undertakes to fully and exhaustively complete all the necessary documentation for customs procedures in case of international transport, which will be sent by email after order confirmation, and to attach it to the shipment.

4.4 The User undertakes to provide complete and truthful information both during registration, when sending the purchase order, and when filling in the customs documentation, to package the shipment in a way that guarantees the integrity of the content and according to the instructions provided in the appropriate section of the Website, and to affix the shipping label provided via email by the Forwarder.

4.5 If the Forwarder and/or the Carrier find that: - the information provided regarding the pickup and/or destination address; - the dimensions or weight of the package are not complete or truthful; - the packaging is not compliant with legal provisions or the instructions provided by the Forwarder and/or the Carrier or does not guarantee the integrity of the content; - the shipping label is missing or the customs documentation is absent or incomplete; they will contact the User to obtain the correct information and the payment of any price difference due for the different dimensions or weight found, for the different necessary packaging, or the affixing of the shipping label. If the User decides to cancel the order or does not pay the due price difference within 3 days from the Forwarder's communication, the order will be considered canceled with the Forwarder entitled to retain the amounts already paid as the price.

4.6 The User must notify the Company of any abnormal or undue charge as soon as they become aware of it, to allow the necessary checks.

4.7 The User is entitled only to a refund (by crediting the same payment methods used for the purchase, where possible) of erroneously charged amounts.

4.8 The User must also notify the Company in any case of a malfunction of the Site that prejudices the use of the services.

4.9 In such a case, the Company, if the malfunction is attributable to it, will resolve the malfunction as soon as possible. The User will be entitled to obtain the purchased services but will not be entitled to a refund, even partial, in case of service interruption or technical malfunction, nor to any other compensation, indemnity, or allowance.

4.10 The User acknowledges that the contract signed with the Forwarder is a mandate contract to enter into a transport contract with the Carrier and that the latter is the sole and exclusive party responsible for the obligations related to the package collection, custody, and delivery to the recipient within the agreed terms and methods. Consequently, the User undertakes to hold the Forwarder harmless from any claim or demand arising directly or indirectly from the Carrier's failure, partial, incorrect, or late fulfillment of the obligations.

4.11 If, according to the chosen Carrier's provisions, it is not possible to deliver the package to the recipient, the Forwarder will contact the User to determine whether the shipment should remain in storage with the Carrier or be returned to the sender. In both cases, the User will not be refunded even partially for the amounts already paid and will be charged the storage or return costs.

5. EXCLUSION OF THE RIGHT OF WITHDRAWAL

Users who qualify as consumers have the right to withdraw within 14 days of purchasing the Service. The withdrawal rules provided for in Articles 64-67 of Legislative Decree 206/2005, relating to consumer protection in case of contracts negotiated away from business premises or concluded remotely, do not apply to the provision of services whose execution has begun before the expiry of the period provided for the exercise of the right of withdrawal, nor to contracts of minor importance or below 50 Euros (Article 47, paragraph 2).

6. TERMINATION OF THE CONTRACT

The Forwarder has the right to automatically terminate this contract pursuant to Article 1456 of the Civil Code, with simple written communication, in any case of violation by the User of these terms.

7. INTELLECTUAL PROPERTY AND DISTINCTIVE SIGNS

The Forwarder holds all rights related to the graphic and conceptual content of the Website and the distinctive signs made visible therein. Therefore, reproduction, even partial, of the content and graphics of the Website, as well as the distinctive signs made visible therein, is prohibited.

8. EFFECTIVENESS OF TERMS OF USE

The relations between the Forwarder and the Users are governed by the Terms of Use published on the Website at the time of registration, while each transaction is governed by the terms of use published on the Website at the time of purchase. The Forwarder reserves the right to change and modify the provided terms and conditions or to impose new and additional ones. Such changes and deletions will be effective from the time they are noted on the Website. From that moment, any access and use of the site by the User will be considered acceptance of such changes and deletions.

9. APPLICABLE LAW AND JURISDICTION

These terms of use and the relations between the Forwarder and the User will be governed in every aspect by Italian law. For any dispute relating to the interpretation, execution, and resolution of this contract, the jurisdiction will be of the Italian Courts and the competent court will be the court of the User's residence, if located in Italy, if they qualify as consumers. If the User does not qualify as a consumer, the exclusive jurisdiction will be of the Court of Rome.

10. CONTACTS

It is possible to contact the Forwarder, also to file a complaint, by sending an email to cs@dac-it.com or by registered letter with return receipt to the company's registered office.