1 - GENERAL PROVISIONS
These general conditions of sale (hereinafter "Conditions") govern the offer and sale by DAMPL of Locatelli L. ("DAMPL"), on the website www.dampl.it ("Website"), of the products in the same illustrated ("Products").
The Website is owned by DAMPL which is also the owner of the corresponding domain name.
Anyone making purchases through the Site ("Customer") is required to read and understand these Conditions before each operation.
All prices on the Site are indicated in Euros and are inclusive of VAT.
The costs of transporting the purchased Products are excluded from the prices indicated on the Website.
2 - CONTRACT
2.1 - SUBJECT OF THE CONTRACT
The sale of Products through the Site is to be understood as a distance contract governed by Articles. 45 and following of the Consumer Code (Legislative Decree 206/2005).
These Conditions apply to all distance contracts concluded, through the Site, by Customers with DAMPL.
2.2 - TECHNICAL PURCHASING METHODS
Customers will only be able to purchase the products shown in the catalog shown on the Website at the time of sending the purchase order ("Order").
DAMPL, once received the Order, will confirm the correctness of the procedure by sending a communication via e-mail to the Customer.
The contract between DAMPL and the Customer will be considered concluded only after sending this communication to the Customer.
DAMPL may, at its discretion, refuse an Order, decide whether to accept an Order only partially or grant the Customer any changes to the Products, with any consequent revision of the price, provided that the modification request is received by DAMPL together with the Order and from this expressly accepted.
2.3 - ACCOUNT
To make purchases on the site it is necessary to create a DAMPL account ("Account").
2.4 - BILLING
During the purchase process, the Customer must provide the data necessary for the billing that declares and guarantees to be true.
DAMPL can not in any way be held responsible for the non-veracity of the data provided by the customer for billing.
3 - PRE-CONTRACT INFORMATION FOR THE CONSUMER
Before the conclusion of the purchase contract, the Customer is informed of the total price of the goods including VAT, the amount of shipping costs and any other cost, payment method and the indicative deadline for the delivery of the purchased Products. , the terms and procedures for exercising the right of withdrawal, the existence of the legal guarantee, the conditions of after-sales assistance and the details for contacting DAMPL.
4 - PRICES AND AVAILABILITY
All prices on the Site are indicated in Euros, inclusive of VAT and not including transport costs or any ancillary costs.
DAMPL reserves the right to change the price of the Products, at any time and without notice, provided that the price charged to the Customer will be the one indicated on the Site at the time of Order.
In case of obvious material error, the price will be corrected when the Order is confirmed.
In addition to the technical specifications, the Product sheet will also provide information on the availability of each Product.
If, in the event of a concurrent order, the Product is available, being instead exhausted, it will be necessary to wait for the re-stocking. In the case just mentioned, DAMPL can not be held responsible for any reason whatsoever and will promptly inform the Customer by e-mail. The Customer may therefore accept an extension of the delivery terms by DAMPL or the supply of a different Product of equivalent or greater value, upon payment, in this case, of the difference. The Customer will have the right to choose one of these possibilities within 10 days from the communication of DAMPL. If instead the user wants to make use of the right to terminate the contract, pursuant to art. 61 of the Consumption Code, DAMPL will provide, within a period of 15 working days from the termination, the full repayment of the payment made. The refund will be communicated to the Purchaser by e-mail. Any delays in crediting may depend on the bank or payment solution used and DAMPL declines all responsibility for delays that are not attributable to it.
5 - LEGAL WARRANTY
All Products sold on the Site are covered by the legal guarantee of conformity ("Warranty") as per Articles. 128 and ss. of the Consumer Code.
The Guarantee is reserved for consumers, as defined in art. 3 of the Consumer Code, and therefore applies only to customers who purchase the Products for purposes unrelated to business, commercial, craft or professional activity carried out.
Those who purchase on the Website without covering this quality will be subject to the rules concerning the warranty for defects of the thing sold (articles 1490 cc and ss.), The guarantee for quality defects promised and essential and the other guarantees provided by the Civil Code with the related terms, lapses and limitations.
DAMPL is liable to the Customer for any lack of conformity existing at the time of delivery of the Product and which occurs within two years of such delivery.
The lack of conformity must be reported to DAMPL, under penalty of forfeiture of the guarantee, within two months from the discovery of the same.
DAMPL undertakes to take delivery of the defective product in order to check whether the malfunction depends on a lack of conformity.
Once the conformity defect has been found, DAMPL undertakes to repair or replace the Product within a reasonable time from the request and without charge of expenses to the Customer.
The conformity defect is understood to be the case in which the Product is not suitable for the intended use or does not conform to the description provided by DAMPL, since it does not possess the essential qualities presented.
In this regard, it should be noted that the descriptions on the Site reproduce as accurately as possible the Products offered for sale. The images must be intended as indicative. The colors displayed on the Site may differ from the actual colors. This difference in color or relative to other qualities to be considered non-essential can not be considered defects of conformity and are excluded from the scope of the Guarantee.
Also excluded from the scope of the Warranty are any failures or malfunctions caused by accidental or customer responsibility or by improper use of the product or not in accordance with its intended use and / or as provided in the technical documentation attached to the Product.
To be able to use the Warranty, the Customer must provide proof of the date of purchase and delivery of the Product (sending copy of Dampl's document).
The Customer, during the period of validity of the Warranty, can contact DAMPL to the indicated contacts that will provide every necessary indication for the specific procedures to be followed.
6 - LIABILITY
DAMPL will not be in any way responsible for incorrect or improper use or for tampering with the Products by the Customer or third parties.
Furthermore, DAMPL can not be held responsible in any case if the Customer is not in possession of the qualifications relative to the Product purchased. It remains the exclusive responsibility of the Customer to be informed of the local laws governing the use of the Products he intends to purchase.
Except in the case of willful misconduct or gross negligence, DAMPL will be liable only for any direct and foreseeable damage related to the Products at the time of conclusion of the contract of sale.
These Conditions do not regulate the sale of products or services by persons other than DAMPL that are present on the Site through banners, links or other hypertext links. Before making commercial transactions with such subjects it is necessary to check their conditions of sale. DAMPL is not responsible for the provision of services and / or for the sale of products by such subjects. On websites that can be consulted through these links, DAMPL does not carry out any checks and / or monitoring. DAMPL is not, therefore, responsible for the contents of such sites, nor for any errors and / or omissions and / or violations of the law by the same.
7 - PROPERTY AND RISK
The ownership and risks associated with the Products are understood to have been transferred to the Customer upon delivery of the Products by DAMPL to the carrier in charge of the transport.
Damage to the Products, due to reasons not attributable to DAMPL, will be transferred to the Customer as indicated in the terms of Delivery.
8 - CONFIDENTIAL INFORMATION
For confidential information (hereinafter "Information"), in accordance with these Conditions, we mean all the information and technical specifications acquired by the Customer in relation to the Products. The Customer must consider himself obliged to keep confidential any Information received from DAMPL, except in cases where: a) the Customer was already in possession of the Information before having received it from DAMPL; b) the Client has independently developed his knowledge regardless of the Information received from DAMPL; c) Information has become public knowledge
8 BIS Patents Copyright Copyright protection
The buyer acknowledges that Dampl is the owner of some patents (Patent Pending), which, therefore, are the object of exclusive industrial property of the same. The purchaser recognizes that Dampl is the owner of the drawings, designs, models, etc. made by Dampl for the realization of customizations and even such drawings, models, projects in CAD 3D are objects of industrial property. The customer assumes all responsibility for the drawings provided to Dampl for the realization of prototypes in case of patent, copyright or other violations.
9 - CHANGES TO CONDITIONS
DAMPL reserves the right to modify or update the content of these Terms at any time. The Conditions applicable to the Customer are those in force on the date of submission of the Purchase Order.
DAMPL reserves the right to modify, at any time, the price of the Products sold on the Site. The price that will be charged to the Customer is the one indicated on the Website at the time the Order is received.
10 - MINORS
Purchases on the Site are allowed only to people over 18 years.
In order to verify the existence of the minimum age required by law, DAMPL will be able to request a tax code or an identification document. If the documents show that the Customer is under 18 years of age he will be prevented from continuing the purchase process and submitting the related order.
Should an order be received from a minor subject of 18 years, the same will be immediately resolved pursuant to and for the purposes of art. 1456 c.c. and the subject will be promptly informed of the cancellation of the order and any payment made will be fully refunded in the manner agreed between the parties.
11 - FORCE MAJEURE
Neither DAMPL nor the Customer will be liable for its non-fulfillment in relation to the obligations provided for by the commercial relationships between them if they are able to prove that the non-fulfillment has been caused by an event beyond their control.
12 - JURISDICTION AND APPLICABLE LAW
These Conditions are governed by Italian law.
Any dispute related to the interpretation, execution or validity of these Conditions will be the exclusive jurisdiction of the Court of Monza.
13 - CONTACTS
DAMPL of LOCATELLI L.
20864 Agrate Brianza (MB)
Via G. Pascoli, 7
Tel 366 8951880 firstname.lastname@example.org email@example.com
METHODS AND DELIVERY TIMES
The goods are sent by means of a courier agreement chosen by DAMPL unless otherwise agreed with the Customer.
If the Customer intends to choose a specific courier, he will bear any higher costs.
In any case, all costs of storage due to the non-collection of the Products by the courier or any person responsible for collection by the Customer will be charged to the Customer.
The transport refers to the point reached by the nearest carrier to the address indicated by the Customer.
The DAMPL Products can be delivered throughout the Italian territory, islands EXCLUDED.Any deliveries to Europe, America etc. must be agreed separately.
In case of multiple orders, concerning Products with different delivery times, the delivery time will correspond to the one set for the Product with the longest time.
Any damage, visible at the time of delivery and clearly due to transport must be immediately reported on the courier waybill in order to activate any insurance procedure, under penalty of forfeiture of this right (costs and charges to be paid by the recipient/consignee).
The delivery obligation for DAMPL will be considered fulfilled at the time of transfer of the material availability of the product to the courier or, in case of agreement between the parties, directly to the Customer.
The Customer acknowledges that the withdrawal of the Product is his precise obligation deriving from the purchase contract.
DAMPL reserves the right not to accept orders from customers who, even once, have not withdrawn the shipped product.
No responsibility can be attributed to DAMPL if the destination address is incorrect or incomplete. It is the Customer's responsibility to verify that the data communicated in the Order and reported on the confirmation of the same are correct. It is also advisable to include a telephone number in the Purchase Order in order to facilitate any urgent communications between DAMPL and the Customer.
Pursuant to art. 61 of the Consumer Code, if DAMPL does not fulfill the obligation to deliver the Products within the agreed term (which may vary depending on whether the product is immediately available or subject to production), the Customer can invite DAMPL to make the delivery within a additional term appropriate to the circumstances. If the additional term so granted expires without the Product being delivered, the Customer will be entitled to terminate the contract, except for the right to compensation for damages, up to a maximum equal to the total amount paid by the Customer to DAMPL. The Client is not burdened by the obligation to grant the additional term in cases where, at the time the Order was sent, the essentiality of the delivery deadline was expressly agreed with DAMPL. In this case the Customer is entitled to terminate the contract, except for the right to compensation for damages, up to a maximum equal to the total amount paid by the Customer to DAMPL.
In any case, the term indicated by DAMPL refers to the delivery of the product to the courier.
DAMPL will inform the customer of the delivery of the product to the chosen courier and can not in any case be held responsible for delays attributable solely to the latter.
Shipping costs are charged to the customer and are not included in the price indicated for the individual Products.
The amount of shipping costs, as well as delivery times, may vary depending on the region of destination, the quantity of products ordered, the size and weight of the products.
Payment can be made by bank transfer or PayPal payment.
All orders will be processed only as a result of advance payment.