General conditions of sale.
Article 1
SITE OWNERSHIP AND PREMISES
1.1 I present the General Terms and Conditions of Contract and Supply, drafted in accordance with Legislative Decree No. 70/2003 and Legislative Decree 206/2005, govern the sales services on the site https://www.dealtech.it and entered into between the company DealTech S.r.l., Tax Code 04301990406 and VAT number 04301990406, with headquarters in Riccione (RN) at Via Finale Ligure n. 15, CAP 47838 (hereinafter also referred to as the “Company”), and the person (hereinafter also referred to as the “User”) who consults the pages of the website https://www.dealtech.it (hereinafter: “Site”) and who uses the electronic sales services made available thereon.
1.2 The Company and the User jointly understood are also called “Parties”.
1.3 These Terms and Conditions are binding between the Parties indicated above and apply to all Users who purchase the Products and Services offered on this Site.
1.4 Users who purchase the Products sold on this Site and who use the Services offered on this Site claim to know and accept these Terms and Conditions.
1.5 With the exception of mandatory legislation, for the purposes of these Terms and Conditions, the User agrees that all contracts, notifications, information and other communications provided in electronic form meet the requirement of the written form, when required by law.
Article 2
OBJECT OF THE CONTRACT
2.1 The contract governs the terms and conditions of sale and purchase of the Products and Services offered on the Site.
2.2 Through the Website, the Company sells components and products, both new, used and reconditioned, for industrial automation systems/machines and plants.
2.3 The products offered for sale on the Site are the products present in the online catalog at the time of purchase by the User.
2.4 Each product is accompanied by an information sheet which illustrates its main characteristics.
2.5 It is understood that the images and descriptions included therein may not be perfectly representative of the products which may differ in colour, size and/or components. The Company, however, undertakes to ensure that the products are represented as closely as possible to reality.
Article 3
PRICES
3.1 The prices on the Site are clearly indicated, displayed in the currency selected by the customer, excluding transport costs and taxes. As far as transport costs are concerned, please refer to the art. 7 of this document.
3.2 The prices on the Site may vary over time, but these variations will not affect the price charged to the User in relation to purchases made before the intervention of the aforementioned variations.
3.3 Exceptions to the above point are cases where the prices entered are disproportionate to the normal market value as a result of clerical errors.
Article 4
HOW TO PURCHASE PRODUCTS ONLINE
4.1 Payment will be made in a single solution through the methods available on the site, in particular by bank transfer, PayPal, debit/credit card (Visa, Mastercard, American Express), Apple Pay, Google Pay, IDEAL, Bancontact, Alipay, Blik , EPS, Giropay, Przelewy24, WeChat Pay, deferred payment.
4.2 The payment methods vary according to the choice made by the User. The above are explained in the appropriate section: https://www.dealtech.it/en/pagamenti/
4.3 The payment procedure is to be considered as a purchase proposal.
4.4 The purchase will be considered completed upon receipt of a specific e-mail to the address provided by the User during the purchase phase.
4.5 In case of problems with the purchase procedure and/or errors in filling in the data, the User can write to the e-mail address info@dealtech.it.
4.6 The Company will verify compliance with the procedure referred to in the preceding points and, in the absence of justified reasons, will complete the purchase.
4.7 The purchase contracts concluded and perfected will be stored electronically on special devices owned by the Company.
Article 4 bis
HOW TO PURCHASE PRODUCTS OFFLINE
4.1 bis If the User wishes to purchase products on the Site, not temporarily available or after direct contact with the sales department, he must proceed to fill in a special form with a request for a quote in the section dedicated to it “Request a quote” or by sending a email to info@dealtech.it.
4.2 bis Within 24/48 hours of sending the request, the User will receive the estimate which will be understood as an offer to sell. If the User accepts the quote, the purchase will be considered concluded.
4.3 bis The User will receive the order confirmation by e-mail, or, in the case of digital products, he will receive an e-mail containing a link when they will be usable and accessible.
4.4 bis The quantity and type of Products will be specified in the order confirmation.
4.5 bis If the orders have been duly accepted by the User, in the manner described above, they can no longer be cancelled, except through the release of a written consent by the Company.
4.6 bis The revocation of already confirmed orders is not accepted.
4.7 bis The prices of products that are temporarily unavailable may vary from the price originally displayed on the Website.
4.8 bis These differences are due to circumstances that may vary over time such as, by way of example but not limited to: the possibility of finding the products in Italy or abroad, at the prices in force on the date of presentation of the offer, the variation of the international exchange rate, customs tariffs, transport prices.
4.9 bis For orders with delivery times exceeding 30 days, if there are delays in delivery due to the supplier which do not depend on the Company’s breach of contract, the User will bear the economic consequences, the latter being responsible for the possible payment of ancillary costs.
Article 5
CONDITIONS OF SALE AND USE OF THE SITE
5.1 The User to purchase the Products referred to in art. 2, must add the same to the cart, then must enter their data for the shipment of the Products ordered, accepting these Terms and Conditions and the Privacy Policy of the Site and making the payment within the terms provided therein.
5.2 Payment will necessarily be made in a single solution, except for purchases made through the methods indicated in art. 4 of these Terms and Conditions, with the methods present on the Site, including, payment via the PayPal platform, Google Pay, Apple Pay, IDEAL, Bancontact, Alipay, Blik, EPS, Giropay, Przelewy24, WeChat Pay, credit or debit card , bank transfer.
5.3 There will be no commitment between the User and the Company and, therefore, no purchase contract can be considered concluded in the event that errors or evident and recognizable inaccuracies, such as – by way of example only – errors or inaccuracies relating to the identification and/or selection of the Products and/or the relative quantities and/or the relative price.
5.4 Before allowing the purchase of the Product, the Company reserves the right to check the availability of the material and the correctness of the prices and, in the event of an error, reserves the right to cancel the purchase.
5.5 The User undertakes to indemnify the Company and its suppliers from any loss, damage, liability, negative consequence or expense in any way connected to claims against the User due to the fact that the latter has in any way used materials on the Site, in violation of any applicable legislation, the rights of third parties or the terms of these Terms and Conditions.
5.6 The User is solely and exclusively responsible for any consequence (legal or non-legal) that may arise from the improper use of the Products sold by the Company.
5.7 No grievance, liability charge or compensation request can be made by the User to the Company with regard to the execution of the works resulting from the design service offered by the Company. In fact, the Company relies on third parties to carry out the work, who will be solely responsible for any loss, damage, liability, negative consequence or expense suffered by the User.
5.8 The Company guarantees that the Products and/or Services delivered meet the legal requirements of use, reliability and durability.
Article 6
RIGHT OF WITHDRAWAL
6.1 Users who do not fall within the definition of consumers declare that they waive the right of withdrawal.
6.2 Users falling within the definition of consumers, provided for by art. 3 of the Consumer Code (legislative decree n. 206 of 2005) and residing in Italy, can exercise the right of withdrawal within 14 days from the date of delivery of the purchase, by sending a communication to the following e-mail address: info@dealtech.it.
6.3 In order to exercise the right of withdrawal, the relative communication must be sent before the expiry of the 14-day period.
6.4 The refund of the price paid by the User will take place within 30 days upon delivery of the products to the address indicated by the Company.
6.5 The Products must be returned in their original packaging which cannot under any circumstances be modified and/or replaced by the User at the time of return. The Company reserves the right to verify the characteristics of the original packaging.
6.6 The Company reserves the right to apply fees if the User has altered the original condition of the product.
6.7 Below is the list with the related depreciations:
- NFS -> NFS = 5% as a collection fee
- NFS -> NFO = 5% as a collection fee + 25% by difference of condition
- NFS -> NWB = 5% as a collection fee + 40% by difference of condition
6.8 Furthermore, the Company reserves the right to verify the product code and serial number of the products sold by it and returned by the User.
6.9 The shipping costs for returning the Products are, in any case, charged to the User.
6.10 The right of withdrawal due to defects in the Product can be exercised by the User if, upon delivery, he has declared to the shipper that he wishes to make use of the “subject to verification” of the characteristics and integrity of the product – including verification of the quantity of the products purchased – by signing the appropriate form.
6.11 Upon delivery, the User must check in particular that the guarantee seal is present on the packaging of the product and that it has not been tampered with previously.
6.12 For any damages deriving from the shipment or for loss of the Products, we reserve the right to request compensation for damages from the shipper.
6.13 If the product turns out to be defective, the User must return it and, upon delivery, once the presence of the defects complained of by the User has been verified, the Company will proceed with the shipment of a new sample of the purchased product.
6.14 The User declares to waive the right of withdrawal with regard to the supply of sealed goods which do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery and the supply of goods and/or which – after delivery – are, by their nature, inseparably mixed with other goods, as governed by art. 59 lett. e) and f) of Legislative Decree lgs. no. 206 of 2005.
6.15 The User declares to waive the right of withdrawal with regard to the supply of made-to-measure or clearly personalized goods, as governed by art. 59 lett. c) of Legislative Decree lgs. no. 206 of 2005.
6.16 The User declares to waive the right of withdrawal with regard to the supply of coupons, as digital content through a non-material support, as governed by art. 59 lett. o) of Legislative Decree lgs. no. 206 of 2005.
6.17 The User expressly declares that he renounces the right of withdrawal with regard to digital content and personalized products, as governed by article 59 lett. o) and c) of Legislative Decree lgs. no. 206 of 2005.
6.18 The User expressly declares that he waives the right of withdrawal with regard to orders for products that are temporarily unavailable, in backorder or ordered through the sales department, as outlined in art. 4bis of these terms and conditions.
Article 7
SHIPPING OF ORDERS
7.1 Products available in stock will be shipped within a maximum of 24/72 hours from the date of purchase.
7.2 The Products available in external warehouses will be shipped within a maximum of 2/4 working days from the date of purchase.
7.3 Products made to measure or clearly personalized and digital will be shipped according to the manufacturer’s delivery times. In the event that the Company is unable to carry out the shipment within the aforementioned term, the User will be promptly notified via the e-mail address provided during the purchase phase.
7.4 National shipments are made by GLS or DHL courier. Shipments in Europe are made by DHL EU courier or UPS. International shipments are made by DHL Express or UPS courier.
7.5 Customs costs are the responsibility of the recipient. The User is therefore invited to inquire in advance about the taxes and duties applicable at the customs of destination, to avoid possible delays or incidences in shipments.
7.6 The estimated times for delivery are purely indicative and may vary due to force majeure, negligence of the couriers or due to traffic and road conditions in general or by act of the Authority.
7.7 To monitor the status of a shipment with GLS courier, the User must enter the tracking number received via text message/email within 24 hours of order fulfillment in the “Search for GLS shipments” field and click on the “Search” button. After a few seconds and you will be able to view the search result.
7.8 To monitor the status of a shipment with DHL courier, the User must enter the tracking number received by e-mail or text message within 24 hours of order fulfillment in the “Search for DHL shipments” field and click on the “Search” button . After a few seconds and you will be able to view the search result.
7.9 During the check-out phase and before payment, the User will be able to view the shipping cost, if applied.
7.10 The cost of shipping to Italy, Europe and all over the world is charged to the User and depends on the weight and size of the products purchased.
7.11 The User can calculate the cost of shipping in the appropriate “Calculate shipping costs” section on the page of the selected product.
7.12 Shipping costs may be subject to a surcharge in case of shipments in particular conditions (volume and weight of the products, restricted traffic areas, difficult to reach or peripheral areas).
7.13 You can insure your shipment on our Checkout page in the Shipping Options section. The cost of this service is equal to 1.03% of the value of the products excluding taxes (minimum 10.35 EUR). The insurance service is provided by a carrier selected in the DHL Terms and Conditions or the UPS Terms and Conditions.
Article 8
COMPANY DUTIES
8.1 The Company is not responsible for any damage that is not an immediate and direct consequence of the breach of contract.
8.2 The Company is in no way responsible for the non-fulfillment of obligations by third parties.
8.3 With reference to the product shipping services, the Company assumes no responsibility for the work of the couriers/carriers, nor for the effective delivery of the products to the User. Each shipment takes place on behalf of the User. The Company is exempt from any liability from the moment it delivers the Products purchased by the User to the carrier. The Company is also exempt from any liability in the event that the User decides to collect the Products personally or through third parties appointed by the same.
8.4 The Company reserves the right to prevent access to the Site, in case of violation of the applicable legal provisions and/or violation of these Terms and Conditions.
8.5 Furthermore, the Company is not responsible in the event of delays or breaches of contractual obligations, nor in the event of delays, disservices or suspensions of the Site, if one or more of these problems derive from unforeseeable circumstances or force majeure.
8.6 Among the causes that could lead to the suspension, delay or in any case breach of contractual obligations, for which the Company does not fall under the responsibility, the following causes are listed by way of example only: malfunction of the telephone and/or electricity lines and /or the internet network; malfunction of software, hardware and/or hosting services; interruptions and/or suspensions due to provisions of the law, even of an exceptional nature or by acts of Italian or foreign authorities; for tampering or interventions by third parties on services or equipment used by the Company during the production of the products; for incorrect use of the platform by Users; malfunction of the connection devices used by the Users; non-conformity and/or obsolescence of devices or programs used by Users; for malfunctions of the services, loss of data, accidental disclosure of personal or sensitive data not attributable to the behavior of the Company, and any other type of damage occurring as a result of attacks by computer pirates, thieves, hackers and/or viruses.
Article 8 bis
PRODUCT WARRANTY
8.1 bis The Company guarantees that the products sold are free from faults or manufacturing defects.
8.2 bis The User has the right to receive the product as described and with the qualities and compliance with the requirements promised on the website.
8.3 bis In the event of faults or manufacturing defects that already exist at the time of delivery of the products, or that appear even subsequently, the purchasing User will have the right to contact the Company directly according to the following timing:
- -within six months of delivery, for reconditioned and/or used products;
- -within twelve months of delivery, for new products, as long as they are compatible with the guarantee provided by the manufacturer.
8.4 bis The aforementioned guarantee provided by the Company is however excluded for those faults and/or defects created with the transport of the product (for which the carrier is solely responsible), and/or due to improper assembly or use by the User – User , or due to inadequate storage or maintenance of the Products or normal wear and tear due to prolonged use.
8.5 bis The Guarantee given by the Company is unique and replaces any other guarantee given, whether written, verbal or implicit.
8.6 bis The Consumer Code provides that the consumer has the right to restore, without charge, the conformity of the goods, through an alternative choice between the repair or replacement of the defective product, or, in the event that this is not possible, the User will have the right to the appropriate reduction of the Sale Price or to the termination of the contract.
8.7 bis Requests for returning the product under warranty must be made by the User in the following ways:
8.8 bis The User who intends to exercise the right of guarantee is required to request the form by sending an email to info@dealtech.it.
8.9 bis Once the form has been filled out and sent, the Company will carry out the necessary checks, and in any case reserves the right to accept or reject the return and to provide the guarantee.
8.10 bis In the presence of the requirements for exercising the warranty rights, the Company will send the relative RMA (Return Material Authorization) code;
8.11 bis Once the products have been received, the Company will examine the returned Product to verify that the Product is actually the one sold, that the alleged defect actually exists, and that the defect is attributable to its responsibility;
8.12 bis In the presence of the circumstances described above, the Company will arrange to grant the guarantee, repairing or replacing the defective Product;
8.13 bis Replacement and/or repair times may vary. The User is updated by the Company on the status of the return/replacement of the Product under warranty through communications via e-mail, via the address info@dealtech.it;
8.14 bis Once the presence of all the necessary conditions has been verified, the Company undertakes to make the refund within 30 days of receiving the Product.
8.15 bis In the presence of exceptional circumstances (urgency of the customer and/or long times to receive the product due to disservices of the supplier) the Company could refund the price and/or credit note to the User, equal to the purchase price of the goods.
8.16 bis In any case, the Company reserves the right to refuse the guarantee in cases where the products that the User intends to return are clearly damaged, altered, modified or tampered with, or are special items or customized products.
8.17 bis Similarly, the Company will not provide the guarantee in favor of the User where the products that he intends to return are without a sales order or invoice.
8.18 bis Once the Company has verified the User’s right to obtain a refund for the returned product, the User may be charged ancillary costs such as – by way of example only – administrative management costs, costs for restocking, costs for transport costs, customs duties or collection commissions.
Articolo 9
COMMERCIAL RETURNS
9.1 If the User no longer needs the purchased product and/or has placed an incorrect order, he or she has the right to make a return request.
9.2 Any requests to return the Products must be submitted, no later than 14 calendar days from the date of delivery of the Order, in writing.
9.3 The User is required to send the request to the email address info@dealtech.it.
9.4 The Company, after due checks, reserves the right to accept or reject the return in any case.
9.5 In case of acceptance, the Company sends the relevant RMA code (Return Merchandise Authorization).
9.6 The returned Products must be in conditions of total functional and aesthetic integrity and complete with packaging.
9.7 Upon receipt of the material, DealTech examines the returns to verify that the Product is the one sold and complies with the initial conditions of sale.
9.8 Returns that are clearly damaged, altered, modified or tampered with will not be accepted.
9.9 Returns will not be accepted in the absence of a sales order or invoice (unless detectable by the system).
9.10 Products purchased in backorder, downloadable products, Custom Products are not accepted as returns. However, for backordered products the Company reserves the right to evaluate the request on a case-by-case basis.
9.11 The User bears charges/expenses quantified by the Company also upon receipt and inspection of the returned Product, by way of example:
- -administrative management;
- -restocking;
- -depreciation of the Product (in particular, if the Product has been unsealed);
- -transportation fee;
- — customs duties;
- -collection commissions;
PRODUCT CONDITION, ALTERED CONDITION, FEE TO APPLY
- -NFS -> NFS, 5%as a collection commission;
- -NFS -> NFO, 5% as collection commission +25% for difference in condition
- -NFS -> NWB, 5% as collection commission +40% for difference in condition
For all products purchased in a different condition than NFS and returned in a different condition than that of purchase, the Company reserves the right to evaluate the depreciation on a case-by-case basis.
The Company will make the refund within the deadline that will be communicated to the Customer from time to time, in any case not exceeding 30 (thirty) days.
The Company assumes no responsibility for the advice or suggestions that may be provided to the User in relation to the purchase and choice of the Products. The provision of the Services requires full collaboration from the Customer. If the latter transmits incorrect or incomplete information to the Company, the Company will not be responsible for the truthfulness of the data underlying its performance and the Service itself.
Article 10
USER OBLIGATIONS
9.1 The User undertakes to provide their personal data correctly and truthfully.
9.2 The User undertakes to proceed with the payment of the fee according to the methods indicated in the specific “Payment methods” section”.
9.3 When completing the contact form, the User undertakes to provide their personal data correctly and truthfully, assuming full civil and criminal liability for false or false communications.
9.4 In the event of a breach of these Terms and Conditions, the Company and its suppliers reserve the right to seek compensation for all damages suffered and suffered.
9.5 The User undertakes to indemnify the Company and its suppliers from any loss, damage, liability (including criminal), negative consequence or expense in any way connected to claims against the User due to the fact that the latter has in any way used materials of the Site in violation of any applicable legislation, the rights of third parties or the terms of these Terms and Conditions.
9.6 The User is solely and exclusively responsible for any consequence that may arise from the improper use of the Products and/or Services offered on the Site. No grievance, charge of liability or request for compensation can be made by the User to the Company and its suppliers as a result of the service offered.
Article 10 bis
USER OBLIGATIONS UPON DELIVERY OF THE PRODUCT
10.1bis Upon delivery of the Product, the User must verify the conformity of the Product with the order placed.
10.2 bis Should he find a visible non-compliance, the User is required to accept the delivery with reserve, otherwise he will not be able to make a return under warranty for obvious defects of the Product.
10.3 bis The notification of faults, defects and/or non-conformities of the Products must be communicated to the Company in writing, by sending an e-mail to the address: info@dealtech.it, under penalty of forfeiture:
- -within 5 (five) days of delivery, in the event of Product discrepancies or obvious defects;
- -within 8 (eight) days of discovery in the case of hidden defects.
10.4 bis Once the products have been received, the Company will examine the returned Product to verify that the Product is actually the one sold, that the alleged defect actually exists, and that the defect is attributable to its own responsibility.
10.5 bis In the presence of the circumstances described above, the Company will provide to grant the guarantee, repairing or replacing the defective Product.
10.6 bis The Company examines the returns to verify that the Product is the one sold, that the non-compliance exists and is attributable to its responsibility.
10.7 bis In case of acceptance, the Company sends the relative RMA (Return Material Authorization) code.
10.8 bis The Company may, at its discretion, alternatively return the repaired Product, or offer the User a refund or the issue of a credit note equal to the purchase price.
Article 11
INTELLECTUAL AND INDUSTRIAL PROPERTY
11.1 All the contents of the Site are protected and safeguarded by the laws in force regarding copyright and industrial and intellectual property (by way of example and not limited to, the contents of the Site must be understood as: the domain, sub-domains, trademarks , texts, photographs and videos).
11.2 All industrial and intellectual property rights relating to the contents of the Site are the exclusive property of the Company or third party suppliers, are reserved to them and are not transferred or licensed to the User.
11.3 The User, therefore, cannot reproduce, duplicate, copy, redistribute, retransmit on other websites, transfer or otherwise make available to third parties for any reason or in any case use the contents of the Site for purposes other than conservation and/or consultation without the prior express and formal approval by the Company.
11.4 All rights not expressly granted by these Terms and Conditions remain with the Company or its licensors, suppliers, publishers, owners or other service providers.
11.5 The User undertakes not to use framing techniques to misappropriate any trademark, logo or other proprietary information (including images, text, page settings or format) of the Company in the absence of an express and separate written consent.
Article 12
PRIVACY POLICY
12.1 For information and regulations relating to the processing of personal data by the Company, please refer to the page on the privacy information, present at the foot of the home page of the Site.
Article 13
LANGUAGE, APPLICABLE LAW, DISPUTE RESOLUTION AND JURISDICTION
13.1 These Terms and Conditions are written in Italian.
13.2 Without prejudice to the rights due to Consumers, for any dispute the Court of Rimini, will have exclusive jurisdiction.
13.3 The User/Consumer habitually residing in the European Union can benefit from the additional protections provided for by the mandatory regulations of the country of residence.
13.4 The User/Consumer has at his disposal a platform, set up by the European Commission, for the resolution of online disputes, which can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Article 14
LINKS TO EXTERNAL WEBSITES
14.1 The links and links to external sites made available by the Company are for information only.
14.2 No responsibility can be attributed to the Company regarding the use of external sites.
14.3 The inclusion of external links does not imply any connection with them, nor any responsibility for the correct processing of data according to the privacy legislation or any other information provided by the User/Client to external websites.
Article 15
CREDIT RECOVERY
15.1 The Company reserves the right to proceed with the recovery of uncollected credits from Users who have not paid the price of the products purchased within two years of the default.
Article 16
COMMUNICATIONS AND COMPLAINTS
16.1 All communications and/or any complaints from the User towards the Company must be sent to the e-mail address: info@dealtech.it.
Article 17
DURATION AND CHANGES
17.1 These Terms and Conditions will remain valid and effective until they are modified and/or integrated by the Company.
17.2 Any changes to these Terms and Conditions will take effect and become binding for the User from the moment of publication on the Site and will apply to sales or contact requests made after that date.
17.3 Changes to these Terms and Conditions, resulting from regulatory needs and/or updates, will be published on the Site in order to inform the User.
Article 18
FINAL PROVISIONS
18.1 The clauses that for whatever reason are to be considered wholly or partially null and/or ineffective, do not affect the remaining provisions of this contract, which will remain valid and effective between the parties.
18.2 The Company may at any time and without notice deactivate the User’s access to the Site or suspend access to the Services, if the same does not comply with one or more of these contractual clauses or voluntarily violates, with incorrect behavior, this agreement, without the User being able to claim damages and/or compensation of any kind and/or refund of sums.