These general conditions of sale are for the purchase of products belonging to Damec Srl legally based in Nerviano (MI). Every purchase will be governed by provisions of the Italian Legislative Decree 185/99, legislative decree 206/05; direct information on conclusion of the contract will be subject to art. 12 of Legislative Decree 70/03 and, in relation to the protection of confidentiality, will be submitted to the rules under the Italian Legislative Decree 196/03.
CONCLUSION OF THE CONTRACT
AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The sales contracts products on the list shall be considered concluded at the moment when Damec Srl received the purchase order which is placed by the customer to Damec Srl and since it accepts it. The customer of Damec Srl promptly sends the order confirmation made by the customer. The customer, by electronic submission of an purchase order, declare that it has read and accepted the terms and conditions of sales and agrees to observe and comply with them under the contract interrelations with Damec Srl.
OBLIGATIONS OF THE CUSTOMER
The customer is obliged, before submitting the order, to read carefully these general conditions of sale. The purchase order implies the full knowledge and acceptance of terms and conditions by the customer. The customer must finally after submitting the purchase order by email, to print and keep these general conditions of sale after their examination and acceptance for the conclusion of the contract.
By placing an order via email, the customer sends to Damec Srl, the proposed order to purchase the product and/or products listed by Damec Srl. When the customer places an order, it agrees to buy them at the price and terms stated in these general conditions of sale. Damec Srl informs the customer acceptance and confirmation of the order.
In particular Damec Srl reserves to fulfill orders in the following cases:
If the material, at the time of the order is not in stock and/or If the customer is unable or unwilling to pay under the established payment conditions
INSTRUCTIONS FOR PURCHASE
The customer buys the product, the characteristics of which are described on the site, according to the stated descriptions and specifications, at the price indicated in the price list provided by Damec Srl or agreed upon, plus delivery costs. Before placing the purchase order the unit cost of each product is chosen with fixing the total cost if the customer purchases more products including shipping expenses. Once the customer places the purchase order, the customer will receive from Damec Srl an e-mail confirmation certifying the receipt of the purchase order and containing information relating to the main features of the purchased goods, detailed indication of price, delivery charges, applicable taxes and the means of payment including a reference to general terms and conditions and the way of their execution as it is stated on the site. Following the approval of purchase according to the Legislative Decree d/d July 4, 2006 N223 “Regulations” Art. 37 paragraphs 8 and 9, as amended to the Law 248 d/d August 4, 2006, which came into force on August 12, 2006, it is obligatory for the supplier to provide the customer with the invoice which is issued under the Legislative Decree 122 d/d July 30, 2010 art. 78 d/d May 31, 2010 with amendments that imposes the need for the customers to communicate the sum of VAT and fiscal code upon the purchase order while contracting with Damec Srl.
The customer can make payment by choosing one of the following listed payment procedures. Credit card payment: If the consumer wishes to make payment by credit card, it may invoke the procedure of payment with PayPal, such as to ensure the confidentiality of the data provided by the customers. For further information and additional legal agreements please refer the customer to the website: www.paypal.com. Cash on delivery: cash on delivery is accepted only for residents of Italy if they pay by cash or the cashier’s check; Consequently, pursuant to art. 1197 of the civil code, payment by check is not accepted. This surcharge is due solely and exclusively to the courier chosen and used by Damec Srl. In case the payment is made by the bank transfer, the purchased goods will be shipped with the methods indicated in section “delivering of the goods”, to the address indicated by the customer upon receipt of the credit, then on average within two to five days after performing the bank transfer (timing will vary depending on the bank used by the customer). To facilitate the process it is possible to sent a payment receipt by email to the following address: email@example.com. Payment through the bank receipt (Ri. Ba): In this case the customer must provide all credentials including the complete IBAN code to issue the bank receipt with payment details which are agreed in advance.
DELIVERY OF PRODUCTS
The purchased goods along with the corresponding bill/pro-forma invoice, are delivered by the courier of the customer at the address specified in the purchase order. Any special needs must be envisaged for the time of delivery by customer to Damec Srl. When using courier from Damec Srl, such delivery will be paid by the customer supplementary under the previous agreement.
GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
Materials provided by Damec Srl are guaranteed for 12 months from the date of delivery. The warranty consists in the free supply ex works of the materials that the customer check for any available defect (within 7 days) due to Damec Srl manufacturing rather than other defective parts which may occur during consumption, by accident, from damages occurred during transport, by negligence, inexperience or incompetence in the use of materials. Such exchanges will be performed after Damec Srl has ensured the consistency of complained defects. Any other claim for damages of any kind or nature before or after that period is not included.
The warranty is void if the customer uses the supplied materials as it is not provided for and/or service them other than they were intended, or modifies their structure or their operation, or do the same repairs by persons other than those specified by Damec Srl.
In the event of total or partial non-payment of the purchase price as it is agreed with Damec Srl, the latter reserves the right to declare pursuant to art. 1456 of the Italian civil code the purchase contract to be terminated by sending a written notice to the email of the customer.
Any charges except for those provided by Damec Srl in such cases are paid by the customer including the default interest at the statutory rate from the due date of the invoice till the date of actual payment.
GOVERNING LAW AND JURISDICTION
This agreement is governed by the Italian law. The competence and the sole place of jurisdiction for any legal action brought by the purchaser under this warranty or any additional legal guarantees will be brought to the Court of Milan. In case Damec Srl satisfies the claim in a possible lawsuit, the plaintiff will have to reimburse the expenses, including costs and fees of Damec Srl on attorneys and other costs incurred by Damec Srl for such legal procedures
In all other matters which are not specifically stated herein, provisions of the Italian law are applied.