Terms and Conditions

1. GENERAL PROVISIONS.

(a) The terms and conditions set out below (the "General Conditions of Sale") form an integral part of the contracts concluded between the Seller and the Buyer for the supply of the Seller's products (the "Products").

(b) The General Conditions of Sale apply only to all commercial transactions concluded between the Seller and the Buyer without the need for an express reference to them or a specific agreement to that effect upon the conclusion of each individual transaction. Any different condition or term shall apply only if confirmed in writing by the Seller.

DTVStore | D I TURI VITANTONIO & C. sas
Via Charles Darwin, 7 - Polignano a Mare, 70044 (BA)
P.IVA. 05565450722

2. OFFERS AND ORDERS.

(a) These General Conditions of Sale govern the offer, shipment and acceptance of purchase orders for products on this website and do not govern the provision of services or the sale of products by parties other than the Seller that are present on the same site through links, banners or other hyperlinks.

(b) The Seller's offers are not to be considered binding, particularly with reference to quantities, prices and delivery terms.

(c) Orders placed by the Buyer are not considered accepted until they have been confirmed in writing by the Seller. In the event that the Seller does not confirm an order in writing, the issuance of the invoice by the Seller or the execution of the order by the Seller will be considered as confirmation.

(d) To conclude the purchase contract, it is necessary to fill out the electronic form and submit it following the relevant instructions.

3. PRICES AND PAYMENT TERMS.

(a) Taxes, duties and any after-sales service are not included in the prices as they are quoted separately.

(b) Shipping and insurance costs are indicated separately.

(c) Payment can be made by: Credit Card via the gateway provided by PayPal Holdings, Inc or by bank transfer to the account specified during the purchase process.

(d) In the event that the Buyer fails to make payment within the terms and according to the methods indicated by the Seller or in the event that the buyer's activity is not conducted in accordance with the ordinary course of business, including, without limitation, the issuance of attachment orders or protests, or when payments have been delayed or bankruptcy proceedings have been requested or promoted, the Seller has the right, at its discretion, to suspend or cancel further deliveries and to declare any claim arising from the business relationship as immediately due. Furthermore, in such cases, the Seller may request advance payments or a security deposit.

(e) The Buyer has no right to make any set-off, retention or reduction unless their claim in this regard has been definitively and judicially upheld.

4. DELIVERY TERMS.

(a) Unless otherwise agreed in writing, any stated delivery term is not binding for the Seller. Except for explicit urgent requests by the Buyer, the Seller will evaluate the delivery term on a case-by-case basis depending on the type of order and the availability of items in stock. For delivery delays exceeding 30 days, the Seller will inform the Buyer of the estimated delivery term.

(b) The Seller reserves the right to reasonably make partial deliveries.

(c) Any liability for failure or delay in delivery resulting from force majeure or other unforeseeable events not attributable to the Seller, including, without limitation, strikes, lockouts, public administration provisions, subsequent blocks of export or import possibilities, considering their duration and scope, releases the Seller from the obligation to comply with any agreed delivery term.

5. ACCEPTANCE OF PRODUCTS.

(a) Upon taking delivery of the Products, the Buyer must immediately:
-verify the quantities and packaging of the Products and record any objections in the delivery note;
- carry out a check of the conformity of the Products with respect to what is indicated in the order and record any discrepancies in the delivery note.

(b) In the event of a complaint of defects, the Buyer must comply with the following procedures and terms:
- the communication must be made within no more than 15 (fifteen) working days from the date of receipt of the Products by the Buyer. In the event that the complaint relates to a defect that, despite the initial inspection, remained hidden, the complaint must be made as soon as possible by the end of the working day on which the defect was discovered and, in any case, no later than 2 (two) weeks from the receipt of the Products;
- the detailed communication must be sent in writing to the Seller within the terms indicated above. Any communication made by telephone will not be accepted;
- the communication must clearly specify the type and amount of the alleged defects;

(c) No complaint regarding the quantities, quality, type and packaging of the Products may be made except through the communication affixed to the delivery note, in accordance with the procedure indicated above.

(d) Any Product for which no complaint has been raised in accordance with the procedures and terms indicated above is considered approved and accepted by the Buyer, without prejudice to the provisions of the following article concerning the right of withdrawal.

6. RIGHT OF WITHDRAWAL

The buyer, by refraining from accepting the Products in the manner provided in point a) of clause 5), has the right to withdraw from the purchase without any penalty and without specifying the reason, within fourteen days from the date of receipt of the Products. The buyer who intends to exercise the right of withdrawal must communicate it to the seller by explicit declaration which can be sent by registered letter with return receipt or by accessing the "Warranty" and/or "Returns" section of the site. The Products must be returned intact, in their original packaging, complete in all their parts, to the Seller's premises. In compliance with the above, the Seller will refund the price of the Products subject to withdrawal within a maximum period of 14 days.

7. WARRANTY TERMS.

(a) The Seller guarantees that the Products are free from defects and conform to the technical specifications declared by the Seller.

(b) The warranty applies only to products used in environments and for applications consistent with the specifications declared by the Seller; any improper use is to be considered prohibited.

(c) The warranty will not be valid if the inconvenience or anomaly is due to incorrect or inadequate applications of the product, or if the product does not conform to commissioning. Any modification or replacement of parts of the product not authorized by the Seller releases the Seller from civil and criminal liability, and in any case invalidates the warranty. The warranty does not cover normal wear and tear parts.

(d) For further Warranty Terms, please refer to the "Quality Guarantees" that accompany the sale of each product.

8. LIMITATION OF LIABILITY.

(b) The Seller will do everything in its power to deliver the Products within any agreed terms, but in no case can it be held liable for damages directly or indirectly caused by the delayed execution of a contract or the delayed delivery of the Products.

(c) The Seller's catalogs, price lists or other promotional material constitute only an indication of the type of Products and prices, and the indications contained therein are not binding on the Seller. The Seller assumes no responsibility for errors or omissions contained in its price lists or promotional material.

9. RETENTION OF TITLE

The Products supplied remain the full property of the Seller until the date on which the Buyer has paid the full price thereof and all sums due to the Seller. Until such time, the Buyer holds the Products as a fiduciary possessor of the Seller and must adequately store the Products.

10. INTELLECTUAL PROPERTY

(a) The Customer expressly acknowledges that the trademarks, trade names or other distinguishing signs affixed to the goods are the exclusive property of the Seller or their respective owners and cannot be altered, modified, removed or cancelled in any way. The Customer has the limited right to use the trademarks, trade names or other distinguishing signs, as well as any other industrial property right or productive and commercial know-how incorporated in the goods and which remains the exclusive property of the Seller, solely and limitedly for the purpose of reselling the goods to the public. Any other use of the Seller's intellectual property by the Customer, unless expressly granted in writing by the Seller, shall be deemed a violation by the Customer of the aforementioned exclusive rights of the Seller, also from the point of view of contractual liability and, as such, will be properly prosecuted.

11. PROCESSING OF PERSONAL DATA.

(a) The Buyer's personal data will be processed in accordance with Italian law on the processing of personal data. The Seller informs the Buyer that the Seller is the data controller and that the Buyer's personal data are collected and processed exclusively for the execution of this agreement. The Buyer has the right to request the Seller to update, rectify, supplement, delete and anonymize their data.

12. APPLICABLE LAW.

(a) These General Conditions of Sale and all contracts entered into are governed by Italian law.

13. JURISDICTION.

(a) Any dispute arising between the parties as a result of the interpretation, validity or execution of these General Conditions of Sale and the related contracts entered into shall be subject to the exclusive jurisdiction of the Court of Florence.

(b) It is understood between the parties that only the Seller, at its discretion, will have the right to waive the jurisdiction of the exclusive court referred to in the preceding paragraph (a) to bring legal action against the Buyer, at their domicile and before the competent Court there.

14. FINAL PROVISIONS.

(a) The invalidity in whole or in part of individual provisions of these General Conditions of Sale does not affect the validity of the remaining provisions.

(b) These General Conditions of Sale are drawn up in Italian and English. In case of interpretative doubts, the Italian version shall prevail.