General Terms and Conditions /
GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
1) Scope of Application – Business clients
1.1 These General Terms and Conditions of Sale (“General Terms”) shall apply to all supplies of products (“Products”) between DAMIANO LATINI S.R.L., with registered office in 62010, Montecosaro (MC), via Tangenziale n. 14, Italia, VAT no. 01410060436, (“DAMIANO LATINI”) and any client (“CLIENT”) who purchases the Products through website www.damianolatini.it (“Website”).
1.2 The purchase of Products through the Website is reserved for the consumers, that are natural persons who purchase the Products acting outside their possible business, commercial, craftwork or professional activity. Therefore, the CLIENT, through his registration on the Website and/or the placing of the purchase order, declares that he is acting as a consumer.
1.3 The purchase of Products by clients that do not act as consumers it is possible by sending a specific request to DAMIANO LATINI via email to email@example.com. These General Terms do not apply to such sales.
2) Products characteristics – Customized Products
2.1 Any information, image and video regarding the Products included in the Website is approximate and purely informational. As a consequence, they might not perfectly represent the characteristics of the Products.
2.2 The description of the Products and/or the description of their use is included in the Website. It is not guaranteed that the Products are suitable for a specific purpose or use.
2.3 DAMIANO LATINI warrants that the Products are compliant with the laws and regulations of the European Union. In case the Products shall be delivered outside the European Union, the CLIENT has the responsibility, before sending the purchase order, to ascertain that such Products are compliant with the laws and regulations of the State where he intends to import the same.
2.4 It is possible to purchase customized Products by sending specific request to DAMIANO LATINI via email to firstname.lastname@example.org. These General Terms apply to such sales, with the express exclusion of the provisions on prices, payment methods and right of withdrawal set forth in articles 5 and 6 below.
3) Execution of the Sale Contract – Modifications to the Sale Contract
3.1 The sale contract (“Sale Contract”) is executed exclusively through the following procedure:
a) the CLIENT fills in the online order form following the instructions on the Website. Before placing the order, the CLIENT views a page that summarizes the Products ordered with the related prices, the payment methods, the delivery procedure and the related costs, and the term by which DAMIANO LATINI undertakes to deliver the Products;
b) the CLIENT sends the order to DAMIANO LATINI by clicking on the box: “Buy now”;
c) DAMIANO LATINI, upon receipt of the order, sends immediately to the CLIENT a communication confirming the receipt of the order (“Order Confirmation”) and including all the information related to the Products, their price, the shipment and the planned delivery date.
The Sale Contract is to be deemed executed upon transmission of the Order Confirmation.
3.2 The supplies include what is indicated in the Sale Contract. However, should the Products not be available, in part or in whole, even after, the transmission of the Order Confirmation, the order will be automatically adjusted through the elimination of the Product or of the
Products not available and DAMIANO LATINI will inform immediately the CLIENT thereon via email; with such email DAMIANO LATINI will also communicate to the CLIENT the methods and time for the reimbursement of the amounts paid by the latter with reference to the unavailable Products.
4) Packing – Delivery terms – Delivery time
4.1 The Products are packaged and readied to ship in compliance with the standard protection methods generally adopted by DAMIANO LATINI for the Products in question, in accordance with the agreed mode of transport.
4.2 DAMIANO LATINI delivers the Products exclusively in the States listed in the relevant pull-down menu viewable on the Website during the purchase procedure. The Products are delivered to the CLIENT in accordance with the Incoterms® ICC rule, latest version, DPU – address of the CLIENT indicated in the Order Confirmation.
4.3 DAMIANO LATINI delivers the Products within the delivery date provided in the Order Confirmation, in case of multiple purchases even in partial deliveries, and in any case within and not later than 30 (thirty) working days from the date of transmission of the Order Confirmation. 4.4 Upon receipt of the Products, the CLIENT must report possible damages occurred to the packaging and/or shortages or anomalies of the Products occurred during the transport, by notifying details of such events on the transportation document, and must also immediately inform DAMIANO LATINI thereof, in writing, and send to DAMIANO LATINI a copy of the above document by and no later than 2 (two) days from the date of receipt of the Products. Should this not be the case, DAMIANO LATINI shall not be liable for possible damages, losses or theft of the Products occurred during the transport, even if transport risks were, in whole or in part, upon DAMIANO LATINI.
5) Prices – Payment
5.1 The prices of the Products are listed in the Website and they include charges and/or taxes, where applicable. 5.2 The prices of the Products do not include: a) shipping costs, which are indicated and calculated during the procedure for placing the order and before its confirmation by the CLIENT; b) possible customs duties and/or charges for the delivery of the Products to the place indicated by the CLIENT in the Sale Contract. 5.3 In case of computer, manual, technical error or error of any other kind which causes a significant variation to the Product’s prices described in the Website and which makes them unreasonable or clearly derisory, DAMIANO LATINI is entitled to terminate the related Sale Contract. In such case, DAMIANO LATINI within 7 (seven) days from the date of termination, shall reimburse the CLIENT of all the amount paid in relation to the Sale Contract terminated.
5.4 The CLIENT pays for the Products in accordance with the payment methods provided for in the Website, without incurring higher costs than those borne by DAMIANO LATINI in relation to the payment method chosen for executing payment. No payment shall be considered as being made by the CLIENT until the relevant amount has been credited to the bank account of DAMIANO LATINI.
5.5 If payment is made by credit card, the amount relating to the Sale Contract will be charged at the time of shipment of the Products purchased by the CLIENT.
5.6 DAMIANO LATINI ensures that the communications related to the payment and to the data provided by the CLIENT when executing the payment are managed through dedicated lines. The safety of the payment with credit card is guaranteed by certification PCI-DSS (Payment Card Application Data Security Standard) Compliant.
6) Right of Withdrawal
6.1 The CLIENT is entitled to withdraw from the Sale Contract, without penalty and without providing any reason, within 14 (fourteen) days from the date of receipt of the Products. In case of multiple purchases made by the CLIENT with a sole order and delivered separately, the above-mentioned term of 14 (fourteen) days starts from the date of receipt of the last Product.
6.2 The CLIENT exercises the right of withdrawal, notifying DAMIANO LATINI by means of one of the following methods:
a) sending an explicit declaration of withdrawal via email to email@example.com;
b) drafting the return form attached to these General Terms as Annex -1- and sending it via registered letter to 62010 Montecosaro (MC), Via Tangenziale 14, Italy or via email to firstname.lastname@example.org;
6.3 In case of withdrawal, the CLIENT is required to return the Products within 14 (fourteen) days from the date of the communication to DAMIANO LATINI of its intention to withdraw from the Sale Contract.
6.4 The Products shall be shipped to DAMIANO LATINI, in 62010 Montecosaro (MC), Via Tangenziale 14, Italy. The direct costs of returning of Products are borne by the CLIENT, even if the procedure of returning is managed and executed by DAMIANO LATINI.
6.5 The Products must be returned undamaged, in their original packaging and complete in all of their parts (including packaging and any documentation or accessories: handbooks, cable, etc.) and along with the possible related tax documentation.
6.6 Without prejudice to the fulfilment of the provision set forth in paragraph 6.5 above, DAMIANO LATINI refunds the CLIENT of all the amounts paid for the Products object to thewithdrawal, including the delivery costs equal to the standard shipping costs provided by the
DAMIANO LATINI, within 14 (fourteen) days from the date of receipt of the communication of withdrawal of the CLIENT. However, DAMIANO LATINI is entitled to withhold the reimbursement until receipt of the Products or until the CLIENT has provided evidence of having sent back the Products to DAMIANO LATINI, whichever occurs first.
6.7 DAMIANO LATINI makes the reimbursement according to the same payment methods used by CLIENT for the purchase. 6.8 The provisions under this article 6 do not apply with reference to the sale of customized Products.
7.1 DAMIANO LATINI warrants that the Products will conform with the Sale Contract and that DAMIANO LATINI is liable toward the CLIENT for any non-conformity discovered within 2 (two) years from the date of delivery of the Products.
7.2 The warranty does not cover:
a) failure to assemble, install, use or maintain the Products in compliance with the use and maintenance instructions related to the Products and/or with the information attached to the Products and/or without the diligence requested by the nature of the Products;
b) misuse with, incorrect use of the Products, use of the Products outside the operating limits or for purposes different from the standard use, use of the Products that is non-compliant with the use and maintenance instructions related to the Products and/or with the information attached to the Products.
c) execution of interventions or repairs on the Products performed by the CLIENT or by a third party.
7.3 In case of receipt of Products non-conforming with the Sale Contract, the CLIENT is required to notify DAMIANO LATINI of the non-conformity in writing within two (2) months from the discovery of the same, failing to do so will result in the lapse of warranty.
7.4 In this case, the CLIENT is entitled to have the non-conforming Products repaired or replaced free of charge. For this purpose, the CLIENT is required to immediately inform DAMIANO LATINI, via email to email@example.com or via registered letter to 62010 Montecosaro (MC), Via Tangenziale 14, Italy. The CLIENT is required to transmit to DAMIANO LATINI the photographic documentation evidencing the non-conformity of the Products. Once the Products are ascertained as non-conforming, DAMIANO LATINI will organise, at its own expenses, the collection of the non-conforming Products, in accordance with the availability of the CLIENT.
7.5 In case the remedies mentioned in paragraph 7.4 above are impossible or excessively burdensome, the CLIENT is entitled, at his own discretion, to request a price reduction or to terminate the Sale Contract.
8) Intellectual property rights of DAMIANO LATINI
8.1 All the contents on the Website, including the company name, the trademark, the registered trademarks and any other graphic, textual, photographic and video signs as well as any other alphanumeric word referred or referable to the Products, irrespective of the language in which they are expressed, are protected by the intellectual property rights of DAMIANO LATINI.
8.2 It is forbidden to the CLIENT to use, reproduce, duplicate, copy, publish or modify, for any purpose whatsoever, the contents under paragraph 8.1 above. In case of breach of this provision, DAMIANO LATINI reserves the right to take legal action for the protection of its rights.
9) Force Majeure
9.1 DAMIANO LATINI shall not be liable or responsible for failure or delay in performing or fulfilling any obligations undertaken in reference to the supply of Products when such failure or delay is due to the occurrence of an event of force majeure such as wars, fires, earthquakes, floods, tsunami, strikes, labor or employment difficulties, breakdown and disservice of Internet, restriction on the use of power, suspension or difficulties in the transports, breakdown of the plants, acts of public authorities or any other event or cause whatsoever which cannot reasonably be forecast or provided against and which cannot be overcome by DAMIANO LATINI with reasonable diligence.
10.1 The Website uses “cookies”. Cookies are files that stores information about the CLIENT browsing on the website which register information concerning the navigation of the CLIENT on the website (pages visited, connection time, etc.) and which allow DAMIANO LATINI to provide a customized service to its clients.
10.2 The CLIENT is entitled to deactivate cookies through his Internet configuration menu. It is understood that the deactivation will prevent the CLIENT from purchasing online through the Website. Additional information is available at the following link https://www.iubenda.com/privacy-policy/68784098/cookie-policy.
11.1 The CLIENT can acquire information and set his preferences with regard to the processing of personal data by accessing the following link https://www.iubenda.com/privacy-policy/68784098.
12.1 The invalidity or unenforceability of any provision, or portion thereof, of these General Terms shall not affect the validity or enforceability of any other provision.
13) Applicable Law – Dispute Resolution
13.1 These General Terms and all the sale contracts that the parties will execute on the basis on the same will be governed by the Italian law, it is understood that mandatory provisions of law of the State where the CLIENT is resident will apply.
13.2 Any dispute arising out of or in connection with these General Terms and/or in connection with the sale contracts occurred on the basis on the same shall be subjected to the jurisdiction of the Court of Fermo (FM), Italy, it is understood that the CLIENT is entitled to initiate legal proceedings under the jurisdiction of his State of residence before the competent court.
13.3 In any case the CLIENT, should he be resident in a European Union State or in Norway, Netherlands, or Liechtenstein, is entitled to access the Online Dispute Resolution Platform to resolve disputes, by accessing the following link http://ec.europa.eu/odr.
Recipient: DAMIANO LATINI
With this form I do communicate the withdrawal from the Sale Contract related to the
Order issued on: _____________ Number: ________
Products received on: ____________________
Name and Surname: ______________________________
E-mail by which the order was placed: _________