General Terms and Conditions of Sale
General Terms and Conditions of Sale
Date of publication on site and effective date: 04-27-2023
- 1. Scope
1.1. These general terms and conditions of sale (hereinafter also the "Terms") apply to the purchase of "DMT" brand products (hereinafter also the "Products" or in the singular "Product") carried out through the e-commerce website www.dmtcycling.com (hereinafter the "Site") by users who qualify as "Consumers" pursuant to Article 1.2 below. The Site, owned by DIAMANT SRL with registered office in Sorgà, viale del lavoro, 8 tax code 02922140237 , VAT number 02922140237 and registration number with the Companies' Register of Verona 02922140237 (hereinafter "Owner"), is managed by Triboo Digitale S.r.l. - a company belonging to the Triboo group - with registered office in Viale Sarca 336 20126 Milan, Italy, tax code, VAT number and registration number with the Milan Companies' Register 02912880966 (hereinafter "TRIBOO DIGITALE").
1.2. TRIBOO DIGITALE deals with the sale of Products through the Site on behalf of the Owner. Purchases of Products made through the Site shall be between TRIBOO DIGITALE, as seller (hereinafter referred to as the "Seller"), and the person who purchases one or more Products for purposes not related to his own entrepreneurial, commercial, handicraft or professional activity, as purchaser (hereinafter referred to as the "Consumer"), (Seller and Consumer shall be hereinafter collectively referred to as the "Parties"). The processing of purchase orders, including the delivery of Products, shall be handled directly by the Owner.
1.3. The Owner is not a party to these Terms, but the holder of the rights to the Site's domain name, logos and trademarks, relating to the Products presented on the Site, as well as the copyright on the Site's content.
1.4. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - shall be deemed to have been made by the Consumer. - must be sent to the Seller at the address and in the manner indicated on the Site and at the e-mail address firstname.lastname@example.org.
1.5. Each purchase is governed by the general conditions of sale in the version published on the Site at the time the order is placed by the Consumer.
1.6. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are requested not to execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Terms shall apply, but notwithstanding the provisions of these Terms:
- 1. the purchaser shall not be granted the right of withdrawal under Article 10;
- 2. the purchaser shall not be entitled to benefit from the Product warranty set forth in Article 8;
- 3. the purchaser shall not be entitled to any other protections, if any, provided herein in favour of the consumer that reflect or comply with mandatory statutory provisions;
- 4. the contract of sale executed between the Seller and the Purchaser shall be governed by Italian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7. At the same time as transmitting the purchase order, the Consumer accepts that confirmation of the information relating to the order placed and these Terms and Conditions will be sent to him by e-mail to the address declared by him when registering on the Site or during the purchase process.
1.8. In order to be able to make purchases via the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
1.9. Any costs for the Internet connection to the Site, including telephone costs, shall be borne exclusively by the Consumer, according to the rates applied by the operator selected by the Consumer.
- 2. Characteristics of Products and their Availability in Different Geographical Areas
2.1. The Products are sold with the characteristics described on the Site and according to the Terms published on the Site at the time the order is placed by the Consumer, to the exclusion of any other condition or term.
2.2. The Seller reserves the right to amend these Terms at any time, at its own discretion, without the need to provide any prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
2.3. Prices, Products for sale on the Site and/or their characteristics may be subject to change without notice. Such variations operate only for orders pending confirmation at the date of the variation. In any case, before sending the purchase order pursuant to point 3 below, the consumer is invited to check the final sale price.
2.4 The Site can be accessed from anywhere in the world. However, the Products available on the Site can only be purchased by users requesting delivery in one of the States indicated on the Site.
- 3. How to purchase Products - Completion of each individual purchase contract
3.1. The presentation of the Products on the Site, which is not binding on the Seller, is merely an invitation to the Consumer to make a contractual proposal to purchase and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Website has the value of a contractual proposal and is governed by these Terms, which form an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is obliged to accept in full and without reservation. Before purchasing of the Products, by sending the purchase order, the Consumer shall be asked to carefully read these Terms and Conditions and the notice on the right of withdrawal, to print a copy by means of the print command and to save or reproduce a copy for his own personal use. Furthermore, the consumer will be asked to identify and correct any errors in entering his or her data.
3.3. The purchase order of the Consumer is accepted by the Seller with the sending to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration to the Website or at the time the order is transmitted if the Consumer is not registered to the Website, of an e-mail confirming the order, which shall contain the link to the text of these Terms, the summary of the order placed, including a detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation and the Terms applicable to the relationship between the Parties shall be filed electronically by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail to the Seller at email@example.com.
3.4. Any contract for the purchase of Products is deemed to be executed when the Consumer receives the order confirmation from the Seller by e-mail.
- 4. Procedure for the Selection and Purchase of Products
4.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and placing them in the virtual shopping cart. Once the selection of the Products has been completed, in order to execute the purchase of the Products placed in the shopping cart, the Consumer shall be invited to (i) register on the Site, providing the requested data, or (ii ) to log in, if the Consumer is already registered, or (iii) to provide his/her data in order to complete the order and allow the contract to be executed. If the data indicated in the order are different from those provided when registering on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where the selected Products are to be delivered, the billing address and, optionally, a telephone number where he can be contacted for any communications relating to the purchase made. The consumer will see a summary of the order to be executed, the contents of which he may modify: therefore, the Consumer, after having read them carefully, shall expressly approve these Terms and Terms, by means of the special check-box on the Site and finally, by means of the "Insert Order" button, the Consumer shall be requested to confirm his order, which shall then be definitively sent to the Seller and shall produce the effects described in the previous paragraph. 3.2. hereof. The Consumer will also be asked to choose the shipping method and the payment method from those available. If the consumer decides for immediate payment (simultaneous with the purchase) by credit card or PayPal, he/she shall be obliged to communicate the relevant data via secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the particulars given by the Consumer. If payment is made by credit card, the purchase amount shall be debited exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. If, during the Product selection procedure on the Site referred to in point 4.1 above, the Consumer discovers that the price of one or more of the Products he intends to select for subsequent purchase is clearly lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem on the Site, he is requested not to complete his purchase order and to report the aforementioned technical error to the Seller's Customer Service by sending an e-mail to the e-mail address firstname.lastname@example.org.
- 5. Delivery of goods and acceptance
5.1. The Site states the availability of the Products and their delivery times, however, such information is to be considered purely indicative and not binding on the Seller.
5.2 The Seller undertakes to do everything within its power to respect the delivery times indicated on the Site and, in any event, to execute the delivery within a maximum time of 30 (thirty) days starting from the day after the day on which the Consumer has transmitted the order. The Consumer acknowledges and accepts that if the purchase order also includes a Product configured/customised by the same Consumer through the Website, the delivery term of such order may be longer than that indicated above, in any case not longer than that specified in the relevant data sheet of the configured/customised Product. In the event of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller shall inform the Consumer in writing and shall refund any sums already paid by the Consumer for the payment of the Product pursuant to the following paragraph. 5.3.
5.3. The Products ordered by the Consumer shall be shipped in the manner selected by the Consumer from among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to promptly and as soon as possible check that the delivery includes all and only the Products purchased and to promptly inform the Seller of any possible defect in the Products received or of their non-conformity with respect to the order placed, in accordance with the procedure set forth in Article 8 of these Terms, failing which the Products shall be deemed accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination manifestly damaged, the Consumer is invited to refuse delivery by the carrier/freight forwarder or to accept delivery "under reserve".
- 6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is the one stated on the Site at the time the order is placed by the Consumer. Prices are inclusive of standard packaging costs, VAT (where applicable) and any indirect taxes (where applicable), while they do not include shipping costs, which are calculated before the order confirmation sent by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay to the Seller the total price as stated in the order and in the order confirmation sent by e-mail by the Seller to the Consumer.
6.3. In the event that the Products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable) shall be net of any customs duties and any other sales taxes, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered. The Consumer is invited to inquire at the competent bodies in his country of residence or destination of the Products in order to obtain information on any duties or taxes applied in his country of residence or destination of the Products.
6.4. Any additional costs, charges, taxes and/or levies that a given country may apply for any reason whatsoever to the Products ordered under these Terms shall be borne exclusively by the Consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or levies referred to in paragraphs 6.3. and 6.4. above, when submitting an order to the Seller, shall not constitute grounds for termination of this contract and shall in no way charge the Seller for the aforementioned charges.
7.1. Payment of the price of the Products purchased through the Site shall be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation by the Seller to the Consumer. The Consumer expressly accepts that the performance of the contract by the Seller shall commence when the price of the purchased Product(s) is credited to the Seller's bank account.
7.2. Payment may be made by credit card or via PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section of the Site.
7.3. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Shopify International Limited , with registered office in Dublin (Ireland), 1-2 Haddington Road, D04 XN32, registered in Ireland under number 560279 (Ireland, VAT number IE 3347697KH), which handles payments on behalf of the Seller. The transmitted data will be sent in secure mode, by means of 128-bit SSL (SecureSocketLayer) encrypted data transfer. Such data are not accessible to the Seller either.
7.4. The Seller shall promptly transmit to the Consumer, where required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are to be delivered within the Italian territory, or attached in paper format to the Products purchased, in all other cases.
- Seller's legal warranty of conformity, reporting of conformity defects and warranty work
8.1. Pursuant to and for the purposes of European Directive 771/2019/EC and Italian Legislative Decree No. 206/2005 (hereinafter referred to as the "Consumer Code"), the Seller warrants to the Consumer that the Products shall be free from defects in design and material as well as in conformity with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty shall be excluded in the event of use or washing of the Product that does not comply with the Product's own use and with the instructions/warnings in this respect provided by the Seller and/or the Holder, or in the illustrative reference documentation, tags or labels. The Seller also warrants that the goods are of the quantity, quality, durability, functionality, compatibility and safety ordinarily found in goods of the same kind.
8.2. The Consumer may report any defects and non-conformities by sending an e-mail to the Seller's Customer Service at email@example.com the appropriate form, correctly filled in [click here to download the return form for defective products], with an indication of the defect and/or non-conformity found, as well as the relative documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt). Claims for defects that were not maliciously concealed by the Seller shall in any case be time-barred within a period of twenty-six months after delivery of the Products to the Consumer.
8.3. Following the receipt of the form and the relative documentation, the Seller shall assess the defects and non-conformities reported by the Consumer through the Holder's assistance service and, after having carried out the quality checks to verify the actual non-conformity of the Product, shall decide whether to authorise the return of the Products by providing the Consumer with a reply, containing the "Return Code", by e-mail to the address provided by the latter during the registration process on the Website or when placing the order. Authorisation to return the Products shall in no way be construed as any recognition of defects or non-conformities, the existence of which must be assessed after return. The Products whose return has been authorised by the Seller shall be returned by the Consumer, together with a copy of the return authorisation notice bearing the "Return Code", within 30 (thirty) days from the reporting of the defect or non-conformity, to the following address: DIAMANT SRL, VIA M. BIAGI, 5/7 - 37060 SORGA' (VR)
8.4. In the event of defects or non-conformities, the Consumer shall be entitled to have the Product restored to conformity by the Seller, by repair or replacement, or to alternative remedies in the cases expressly provided for by the Consumer Code.
If the Seller has undertaken to refund the price paid to the Consumer, the refund shall be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It shall be the duty of the Consumer to notify the Seller, again by e-mail at firstname.lastname@example.org, the bank details for making the transfer in his favour and for the Seller to be put in a position to return the sum due.
- Liability for Defective Products
9.1. With regard to any damage caused by defects in the Products, the provisions of the Consumer Code shall apply. The Seller, in its capacity as distributor of the Products via the Site, releases itself from all liability, none excluded and/or excepted, by indicating, at the request of the damaged Consumer, the identity and domicile of the relevant manufacturer.
- Right of withdrawal
10.1 Without prejudice to the exceptions set out in Article 59 of the Consumer Code and the provisions of Article 10.7 below, the Consumer is granted the right to withdraw from any contract concluded pursuant to these Terms, without having to provide any reasons and without any penalty, within a period of 14 (fourteen) days from when (i) the Product has been delivered or (ii) in the case of the purchase of several Products delivered separately in one order, the last Product has been delivered.
10.2 In order to exercise the right of withdrawal, the Consumer may, before the expiry of the period referred to in 10.1 above, send an explicit declaration via the contact form or to the e-mail address email@example.com, of its decision to withdraw using the enclosed model withdrawal form [link to the return form for exercising the right of withdrawal].
10.3 Following the provisions of point 10.2 above, the Consumer shall receive an e-mail confirming the exercise of withdrawal, containing, in the event that he has in the meantime already received the ordered product, the return form to be inserted in the package, and the instructions for proceeding with the return of the product, to be sent no later than the following 14 days to
VIA MARCO BIAGI, 5/7
37060 SORGA' (VR) ITALY
10.4 If the consumer received the product, he is obliged to return it to the above address without undue delay and, in any event, within 14 days of the day on which you gave notice of withdrawal. Said term is met if the consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of returning the goods, as well as the proof thereof, shall be borne by the consumer.
10.5 In the event of withdrawal, the Consumer shall be reimbursed the payments he has made, including the costs of delivery (with the exception of additional costs resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any event, no later than 14 days after the exercise of withdrawal. Such refunds shall be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs arising from the different means of payment shall be borne by the Consumer. Reimbursement may be suspended until receipt of the goods or until the consumer proves that he has returned the goods, whichever is earlier.
10.6 The consumer shall be liable for any diminution in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear and tear, abrasion, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the enclosed instructions/notes/manuals, original packaging and packing and the warranty certificate, if any, the Consumer shall be liable for the decrease in the value of the goods, and shall be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is requested not to handle the goods beyond what is strictly necessary to establish their nature, characteristics and functioning, and to cover the original wrapping of the Products with other protective packaging that preserves their integrity and protects them during transport also from writing or labels.
10.7 - EXCLUSION OF THE RIGHT OF WITHDRAWAL Pursuant to Art. 59, letter C. of the Consumer Code, the right of withdrawal is not provided for in cases where the goods sold have been "tailor-made" or "customised" according to the Consumer's choices.
- Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of DIAMANT S.r.l. and/or its assignees, without the access to the Site and/or the purchase of the Products entitling the Consumer to any right on the same.
11.2. The contents of the Website may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of DIAMANT S.r.l..
- Consumer data and privacy protection
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and true.
12.3. The Consumer may at any time update and/or modify his personal data provided to the Seller through the "My Account" section of the Site, accessible after authentication.
13.1. Although the Seller adopts measures aimed at protecting personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has authenticated (logged in), cannot be accessed or viewed by unauthorised third parties.
13.2. The Seller, with regard to credit card payment data, uses the services of the company Shopify International Limited, which uses technological systems to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
- Governing law, attempt at conciliation and venue
14.1. Any contract of sale concluded between the Seller and the Consumers pursuant to these Terms shall be governed by and construed in accordance with Italian law and in particular by the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning electronic commerce. In any event, any rights that may be conferred on Consumers by mandatory provisions of the law in force in their country shall not be affected.
14.2. In the event of a dispute between a Seller and a Consumer, we guarantee as of now our participation in an attempt at amicable conciliation that each Consumer may promote before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in an amicable and secure manner on the Internet. For more information on the RisolviOnline rules or to submit a conciliation request, go to www.risolvionline.com.
14.3. As an alternative to the attempt at conciliation under Clause 14.2 above, the Consumer also has the option of accessing the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and operated by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation No. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a trader established in the Union through the intervention of a participating ADR (alternative dispute resolution) entity, selectable from a list available therein. For more information on the European ODR Platform or to initiate through it an alternative dispute resolution procedure concerning this contract, please access the following link: http://ec.europa.eu/odr. The e-mail address of the Seller to be indicated in the European ODR Platform is as follows: firstname.lastname@example.org
14.4. If the attempt at settlement referred to in Clause 14.2 or 14.3 above is not endorsed to or is unsuccessful, the dispute shall be referred to the court having jurisdiction for the place of residence or domicile of the Consumer.