General sales conditions
General contract conditions included in this document shall govern the sale of products by the seller through access by the customer-consumer, i.e. the customer-professional to the website and they constitute integral part of any form of purchase request carried out by the customer and acknowledgement by the seller.
Whenever these general contract conditions may refer to the customer without any specification, they are effective both towards customer-consumers and customer-professionals.
Seller: DOMITAL SRL Via Flli Cervi 3/a1 – 20871 Vimercate (MB) VAT number 02107180966, registered to REA 1358833 is the corporation in charge of the sale of products through access by the customer to the website and subsequent purchase order sending through the same website;
Customer-consumer: any adult who enters the website, fills in and submits an order form about at least one product and who carries out the purchase, which has to be unrelated to any commercial, entrepreneurial or professional purpose;
Customer-professional: any person or legal subject who enters the website, fills in and submits an order form about at least one product and whose purchase is related to his own commercial, entrepreneurial or professional activity; the subject has to fill in the form with his own VAT registration number
Products: any product which can be viewed on the website www.domital.it during the purchase order submission and which have to be delivered on the Italian territory, except for any delivery to post office boxes and/or to subjects offering virtual office services;
Order: it is the purchase request of at least one product, carried out by the customer, who has to enter the website, fill in the order form and submit it to the seller by means of an e-commerce service provided by the same seller.
Sale contract conclusion by request acceptance
The submission of an order implies the acknowledgement and acceptance by the customer of any information provided by the system during the fulfilling of the request form.
The contract shall be deemed entered into the parties as of the date of submission, by the seller, of an email expressing the acceptance, although partial, of the request submitted by the customer.
The acceptance shall be communicated by the seller to the customer by means of an email, which has to be submitted to the address written on the request form, within two business days from the request reception. This acceptance message shall contain date and time of the request reception and a “Customer Request Number”, which has to be used for any other communication towards the seller.
In case a request is not accepted, the seller entitles himself to promptly communicate it to the customer, within seven business days from its reception. Whenever this situation occurs, the customer shall be returned the money.
The seller has the right to totally or partially accept or deny one or more requests carried out by the customer.
The customer can only purchase the products described on the informative leaflets on the website during the request submission.
The seller is entitled to modify his own electronic catalogue, changing the product range and the information about the features, in order to adapt them to the features of the other manufacturers; the seller is not entitled to give adequate notice.
The images linked to the products descriptions can be not perfectly representative of its features, having different colours and dimensions, due to the technical features of the customer computer. The seller is not responsible for any image inadequacy, as the representations shall be deemed purely indicative.
All product prices on the website shall be deemed retail prices, VAT included.
Prices may be subject to changes at any time, without adequate notice. Changes in offers and product prices are effective by the date and the time of their release on the website.
Prices of any product on the website are to be considered without delivery costs.
Products delivery costs
Products delivery costs are only calculated when the customer fills in the request form, apart from the product prices and they vary according to the courier chosen, the delivery place, the kind and amount of products requested.
Delivery costs shall be always calculated referring to deliveries beside the street and not on the floor; extra costs that have to be corresponded for the stored products because of the customer absence at the indicated address are excluded.
During the delivery to the courier of the products by the seller, the last issues a valid tax document where data given by the customer in the request shall be stated. Amounts stated in the invoicing include product prices and delivery costs, before taxes.
The customer shall relieve the seller of any responsibility due to the issuing of wrong tax documents on behalf of the customer. After the issuing of the document, no variation is possible.
The seller accepts the subsequent mode of payments:
– Credit card (Visa, Mastercard or PostePay);
– Bank transfer on the checking account of the seller.
During the purchase, the seller does not become acknowledge by the credit card information of the customer, since these are directly transferred to the website of the subject – bank or Paypal – who manages the electronic payment.
Therefore, no electronic catalogue of the seller includes the credit card data of the customer and the seller is not responsible for any fraudulent use of credit cards by third parties, during the payment of products purchased on the website.
Terms of products delivery
Products shall be delivered to the place indicated in the request, but only on the Italian territory, except for any delivery to post office boxes and/or to subjects offering virtual office services.
Deliveries shall last from 4 to 8 business days from the date of the request acceptance by the seller, according to the destination. In case of payment through bank transfer, the above mentioned terms shall be deemed from the date in which the bank confirms to the seller the successful credit entry. Times of delivery are purely indicative and can undergo variations due to force majeure, to driveability conditions or to authority.
The standard delivery, except where differently confirmed in writing, shall be carried out between 9.00 and 13.00 and between 14.00 and 18.00 on each business day, from Monday to Friday. The courier carries out the first delivery without notice. Should the customer be absent, the courier shall inform the seller, who has to call the customer on the number contained in the request, in order to inform him about the stored products and to release them.
Customer liabilities during products deliveries
During the products delivery, carried out by the courier, the customer is obliged to check that:
1. The amount of packages delivered is equal to that indicated on the shipping bill;
2. Packaging is intact and not altered.
A lack in the correct amount of packages and/or in the indications of the shipping bill and/or any packaging imperfection has to be immediately notified to the courier and the customer has to deny the delivery of products, promptly informing the seller by email to the address email@example.com, eventually accompanied by photos.
Products check and damages notification
Shall the packaging be intact, is the customer bound to check the product within seven days from its receipt. Any damage has to be promptly signalled, by writing, to the seller through registered mail or through an email to the address firstname.lastname@example.org; the courier whose name and address are indicated in the shipping bill, shall also be informed.
Right of withdrawal on behalf of the customer-consumer
The customer-consumer has the right of withdrawal from the purchase contract, without any explanation and subsequent penalty, except for what stated hereinafter.
In order to have this right, the customer-consumer shall send an email to email@example.com; in which he explains the reasons of withdrawal; he has to indicate the number and the date of the request, together with the bank details necessary to obtain the refund. The system will send to the customer-consumer, by email, a paper form to be printed and sent as registered mail within ten days from the products receipt to DOMITAL SRL Via F.lli Cervi 3/a1 – 20871 Vimercate (MB). After receiving the registered mail, the seller shall send by email to the customer-consumer a form on the right of withdrawal, provided by an authorization number, to be attached outside the packaging. The product, which has to be returned, shall reach the seller within 10 days from the authorization.
The right of withdrawal is subject to the following mandatory conditions:
– the right shall be applied only referring to the entire product and not to parts of it;
– the purchased product shall be intact and returned in the original package (packaging and eventual documents included); in order to avoid damages to the original package, we advise, when possible, to insert it into another box, together with the withdrawal authorization, released by the seller; the application of labels or adhesive tap on the original package has to be avoided;
– The product subject to the right of withdrawal has to report the same data indicayted in the tax document released by the seller; in case the product shall report a different name, the withdrawal will be considered invalid and the product will be made available to the customer-consumer, abolishing the withdrawal request;
– The shipping costs for the product return are at the expense of the customer-consumer (Note: for the product restitution, we recommend the use of a trusted courier in order to take advantage of the product traceability service and of the shipping insurance policy, whenever worthy products are to be returned);
– The customer-consumer take on the responsibility of the shipping, until the delivery at our stock;
– In case of products damage during the shipping, the seller shall inform the customer-consumer (within five business days from the products delivery at his own stock), in order to allow him to promptly abjure the courier and obtain the refund (if the product is subject to an insurance policy); in this case, the product will be made available to the customer-consumer for its restitution, abolishing the withdrawal request;
– The seller is not responsible of damages or theft/loss of products that have be returned by the customer-consumer, after using his right of withdrawal, by means of insured shipping.
Except for costs because of damages to the original packaging, the seller shall refund the customer-consumer the previously paid amounts, shipping costs excluded, within 14 days from the products return, with a transfer of the amount charged on the credit card or with a bank transfer; any bank costs on behalf of the seller to refund the customer-consumer shall be deducted from the total amount.
The withdrawal right does not apply whenever the goods (package and/or its content) are not intact, in the case the seller states:
– The lack of the authorization form released by DOMITAL SRL through email, subsequent to the withdrawal notification by the customer-consumer;
– The lack of the outside package and/or of the original internal packaging;
– The damage of the product subject to the restitution, for causes extraneous to its shipping.
Warranty on products purchased by customer-consumers
Products purchased through the website by customer-consumers are subject to the art. 128 and followings and to the D.Lgs. no. 206/05 on the sales contracts and the warranties on consumer goods. This warranty shall apply to products with compliance flaws and/or malfunctioning not detached at the purchase, provided that the product is used correctly and in accordance with its destination and with what stated in the technical papers.
In case of flaws, the customer shall send the product, by courier or by post, to DOMITAL SRL VIA F.LLI CERVI 3/A1 – 20871 VIMERCATE (MB), entering it accurately into the original packaging and providing it with a copy of the tax document. Only subsequently to the delivery of the malfunctioning product, together with the above-mentioned document, the seller shall send the replacement product.
In case of lack of the product, the seller shall refund the cost indicated in the purchase request and the first shipping costs through bank transfer, within 14 business days after the delivery of the malfunctioning product.
Warranties on products purchased by customer-professionals
Products purchased on the website by customer-.professionals are subject to the warranty of the Civil Code at the art. 1490 and followings, with application of the art. 1511 on the deadline for the notification.
Personal data required during the request sending are collected by the seller and handled on electronic systems, in compliance with the duties of the sales contract; they shall not be communicated to third parties. The seller shall apply the regulations about personal data handling, as contained in the Regulation (EU)2016/679 (GDPR) concerning the protection of individuals with regard to the processing of personal data and D Lgs n. 196/2003.
The subject in charge of the personal data handling is DOMITAL SRL Via Fll Cervi 3/a1 20871 VIMERCATE (MB) and the contact address of the Data Protection Officer is as follows: firstname.lastname@example.org.
Before submitting the request form, filled in bythe customer, the e-commerce system of the seller will require the customer to view the norms provided by the seller according to art. 13 of the GDPR 2016/679 which constitutes part of it integral and substantial. The customer, at any time, can exercise, pursuant to articles from 15 to 22 of EU Regulation 2016/679, the following rights:
a) to request confirmation of whether or not of personal data;
b) to obtain information on the purposes of the processing, the categories of personal data, the recipients or the categories of recipients to whom personal data have been or will be communicated and, where possible, the retention period;
c) to obtain the correction and the deletion of data;
d) to obtain the treatment limitation;
e) to obtain data portability, ie receive them from a data controller, in a structured format, commonly used and readable by automatic device, and transmit them to another data controller without hindrance;
f) to oppose the processing at any time and also in the case of treatment for direct marketing purposes;
g) to oppose an automated decision-making process concerning individuals, including profiling;
h) to ask the data controller to access personal data and to rectify or cancel them or limit their processing or to oppose their processing, in addition to the right to data portability;
i) to withdraw the consent at any time without prejudice to the lawfulness of the treatment based on the consent given prior to the revocation;
j) to propose a complaint to a supervisory authority.
Any complaint on the sales contract has to be expressed by the customer by writing and sent to the seller headquarter, located in Via Fll Cervi 3/A1 20871 Vimercate (MB).
The sales contract between customer and seller shall be deemed effective on the Italian territory and it is regulated by the Italian Law. The Court in charge is the one located where the customer lives according to the agreements closed with customer-consumers and, in an exceptional way, according to the art. 18 and 19 about agreements closed with customer-professionals.
General contract conditions variations
Conditions contained in this document can always be modified by the Seller without notification; the above mentioned variations shall be effective from the date of release of the new conditions on the website.