1.1 These General Conditions of Sale govern the methods and terms with which DOMINONI S.r.l., with registered office in Provincial Road 12 n. 3, 26010 Camisano (CR) - Italy, (the "Seller"), as owner of the online store which can be reached at the address www.dominoni.com , grants Users / Customers the right to browse the Online Store and purchase the products presented in the catalog online.
1.3 By accepting these General Conditions of Sale, the Customer acknowledges:
- to be of legal age and have the ability to act
- to have read, in addition to the information contained in these General Conditions, the information relating to the essential characteristics of the Products referred to in the Order, illustrated not only in Italian but also in English. This information, accompanied by the article code, image and / or technical drawing, is contained in the appropriate box created for the Order of each individual Product
- Item (s) - Product (s): spare part (s) for “Dominoni agricultural machinery” sold through the
Online Store - Sales / purchase contract: the agreement between the customer and Dominoni S.r.l. for the Online sale of the Item that is completed through the Order placed through the Online Store.
- General conditions of sale: these general conditions hereinafter also "GCS"
- Order: the agreement between the Customer and Dominoni S.r.l. for the Customer's purchase of the Product / s sold on the
Online Store - Parties: Customer / Buyer and Seller, or the subjects who enter into the Sale / Purchase Agreement
- Price: indicates the price of the Product purchased online by the customer at the Company
- Website: indicates the Company's website, which can be consulted at www.dominoni.com
- Online Store: the Online spare parts shop for “Dominoni agricultural machinery”
- Buyer / Customer: the consumer who places Orders through the
Online Store - Seller / Company: Dominoni S.r.l., the company that manages the Online Store
- Carrier: indicates the Carrier in charge of delivering the ordered Product (s)
3. Scope of application of the GCS
3.1 These General Conditions govern the use of the Online Store by the Customer. By issuing an Order through the online shop, the Customer accepts the application of the General Conditions.
3.2 The GCS, which are valid for all geographical areas from which it is possible to place orders and to which shipments are active, can be changed at any time. Where local legislation provides for mandatory contractual conditions more favorable to the consumer, those conditions will prevail where better than those referred to in these GCS.
3.3 Any changes and / or new conditions will be effective from the moment of their publication in the section dedicated to the General Conditions of Sale of the Online Store. For this reason, Customers are invited to check the publication of the most updated GCS. It is understood that the applicable GCS are those in force on the date the purchase order is sent.
4.1 In the event of the conclusion of an online Order on the Website, the Customer will be entirely responsible for the information entered incorrectly or incomplete (in particular the address of the recipient), which may cause errors in the execution of the Order (in particular in the delivery).
It is the Customer's responsibility, before finalizing the Order, to verify the accuracy of the Product ordered, the quantities ordered and the place of shipment of the Order.
4.2 The Purchase Agreement is finalized through the exact compilation and the consent to the purchase expressed by the Customer through the adhesion placed online at the time of purchase and through the acceptance of the Order by the Company, upon registration of the Customer in the 'special Reserved Area of the Website.
In case of acceptance of the Order by the Company, which is carried out upon payment received, the Customer will be informed by an email confirming the Order itself containing the notice of receipt of payment and preparation of the goods for shipment. .
It is understood that the Company reserves the right to refuse Orders from a Customer for a legitimate reason, in accordance with current regulations.
4.3 The Seller reserves the right to cancel an Order in the event of:
- unavailability of the ordered Product (s)
- force majeure
4.4 The Buyer may cancel an Order in the event of:
- lack of conformity of the nature of the Product (s) delivered to the Customer
- Customer error on the ordered Product (s)
- exercise by the Customer of his legal right of withdrawal
4.5 In any case, any modification or cancellation of the Order must be agreed between the Parties and approved by the Company.
4.6 The payment for the goods by the Customer will be made by bank transfer (using the bank details provided by the Company) at the end of the Order compilation procedure and will include transport costs.
4.7 Transport costs will be calculated directly in the "MY TNT" Area of the Website www.dominoni.com in a section created specifically for Customers.
4.8 Once the Order has been received in the system through the back-end of the Website and, subsequently, the relative payment, the Seller will prepare the goods for shipment.
4.9 In case of cancellation of the Order for the reasons set out in points 4.3 and 4.4:
- the payment already made by the Customer and collected by the Company will be reimbursed to the Customer by crediting his / her current account by bank transfer of the amount paid, with the exclusion of other reimbursements relating to damages and interests, in accordance with the legal provisions in force in Italy. The refund will be suspended until the return of the goods, which must be returned in the manner described in Article 6.6. If the goods are returned incomplete or damaged, the provisions of art. 6.7.
- it is understood that the return costs will be charged to the Customer
5.1 All sales prices of the products displayed on the website www.dominoni.com , which constitute an offer to the public pursuant to 'art. 1336 of the Italian Civil Code, do not include VAT.
5.2 The sales offer refers exclusively to Customers in possession of a VAT number.
Orders from Customers without this requirement will therefore not be considered valid.
Once the Customer has registered in the Reserved Area of the Website, the Company reserves the right to verify the veracity of the information provided by them.
5.3 The sale price of a Product is freely determined by the Company which can increase or decrease it at any time. In any case, the price invoiced to the Customer will be the one in force at the time of the Order, as it will appear on the Website on that date.
5.4 The price is published on the Website and is expressed in Euros. The minimum billable price is € 50.00 (fifty / 00 Euro).
5.5 The price is to be understood as Carriage Paid To (CPT - Incoterms 2020 rules) with charge on the invoice for Orders destined for Italy and other countries belonging to the EU, as well as for non-EEC countries with the exception of expenses related to operations customs clearance.
6. Delivery of products
6.1 The seller will deliver the Products indicated by the Customer to the address indicated by the same in the Order. The Customer is therefore responsible for the information indicated by them at the time of the Order and in the event of an error in the data of the recipient of the delivery, the Seller cannot be held responsible for any impossibility of delivering the Product.
6.2 No change of address can be taken into consideration for the delivery of the Product / s after it has been entrusted to the Carrier. However, the Customer may ask the Carrier, assuming responsibility, to change the delivery address. In this case, the Company cannot be held responsible for any errors in delivery or loss of the goods by the Carrier.
6.3 The goods always travel at the Buyer's risk and peril. The Seller is not liable for damages suffered by the goods during transport, as they must be reported to the Carrier, in writing, within the established terms. The Seller will entrust the goods to carriers deemed suitable by the same, without any liability.
6.4 The Seller is exonerated from any liability for damages deriving from delivery delays and not attributable to the same.
6.5 If the Products ordered do not conform in kind to the Order, the Customer must, under penalty of nullity, address his complaint to the Company by e-mail to the address firstname.lastname@example.org within 8 (eight) days (calendar) from the date of delivery.
6.6 Returned goods are not accepted unless previously authorized. In the event of an authorized return, the Customer must insert the Product / s in its original packaging, complete and undamaged, and insert it in turn in a suitable protective packaging.
6.7 If the goods are returned incomplete or damaged, the Seller reserves the right not to apply any type of refund.
6.8 The delivery times of the goods are always intended as indicative and not binding for the Seller and may be longer for areas that are difficult to reach.
6.9 Upon delivery, the Customer is required to check the content, conformity and conditions of the Product / s; in the event of disputes, the Customer must refuse delivery and request the immediate return of the Product / s by the Carrier.
7. Right of withdrawal
7.1 The Customer has the right to withdraw from the Purchase Agreement, without indicating the reasons, within 14 days. To exercise the right of withdrawal, the Customer is required to inform the Seller by email at email@example.com of his decision to withdraw from the aforementioned Contract by means of an explicit declaration communicating the desire to make use of this right.
7.2 If the Customer decides to withdraw from the Purchase Agreement, the payment / s made for the purchase of the Product / s, including delivery costs, will be refunded. Refunds will be made using the same payment method used by the Customer. The refund will be suspended until the return of the goods, which must be returned in the manner described in Article 6.6. In case of application of the Customer's right of withdrawal, the provisions of Article 6.7 will apply.
8.1 The Products offered for sale by the Company comply with Community legislation.
8.2 The Company will be exempt from any liability arising from the incorrect assembly or use of a Product.
8.3 The Products are covered by a guarantee in accordance with the provisions of the law. In the event of a Product defect during the warranty period, repairs / replacements will be carried out by the Manufacturer. In the case of hidden defects, the Customer will benefit from the legal guarantee.
8.4 Modification interventions on the Product / s carried out by the Customer invalidate the guarantee.
8.5 The Warranty starts from the date of the Transport Document and has a duration of 36 (thirty-six) months.
The warranty does not include damage to the Products caused by transport and their improper use that does not conform to their characteristics.
9.1 These General Conditions establish the set of obligations and responsibilities of the Company relating to the supply of the Products.
Within the limits of the provisions of the law, the only obligations and guarantees incumbent on the Company are those expressly set out in these General Conditions, to the exclusion of all other guarantees and / or obligations.
Guarantees and obligations relating to the Products that may be borne by the Company under legal provisions are excluded (including more particularly the obligations relating to quality, suitability for a particular use, care and reasonable capacity for implementation). In particular, the Company will not be liable if the Product does not correspond to the Customer's needs.
9.2 The Company will not be liable in the event of loss of income, loss of profits, loss of contracts, or for other indirect and / or consequential damages to the Products. Within the limits of the provisions of the law, the liability of the Company will in any case be limited to the amount paid by the Customer for the Product / s.
In any case, the Company cannot be held responsible for any damage caused by the incorrect installation of a Product.
10. Major force
10.1 The following circumstances are considered cases of force majeure: wars, lockouts, riots, strikes, coups, natural disasters, and more generally those recognized by Italian jurisprudence, in accordance with the characteristics of unpredictability, irrepressibility and exteriority.
10.2 The Company will not be responsible for the non-fulfillment of any of its contractual obligations to the extent that said non-fulfillment is due to a case of force majeure and that said event cannot be reasonably foreseen, avoided or overcome.
11. Applicable law and competent court
11.1 These General Conditions of Sale are governed by Italian law.
11.2 Any dispute relating to the application, execution, interpretation of these General Conditions of Sale, and / or in any case related to them, will be exclusively devolved to the jurisdiction of the Court of Cremona.
12. General provisions
12.1 The set of these General Conditions of Sale constitutes the entire agreement between the Company and the Customer regarding its object, and replaces and cancels any previous declaration, commitment, oral or written communication, validations, understandings and agreements between the relevant Parties. the provisions to which this Sales Agreement applies or provided for by it.
12.2 If any clause of the Sales Agreement proves to be contrary to a provision of applicable law or regulation, said clause will be considered as non-existent, without prejudice to the validity of the other provisions of the Agreement. 12.3 Any modification of the Sales Agreement will be the subject of a written agreement, ratified by mutual agreement between the Parties.
13. Treatment of personal data
13.1. By accepting this document, the Customer and the Seller mutually acknowledge that the personal data acquired under this contract and processed as a result of the same, will be processed, including by electronic means, exclusively for the purposes related to the formalization and management. of the agreed services.
13.2. The Seller also informs that the personal data (personal, commercial, etc.) provided in the registration forms or provided by the Customer while using the online store; will be processed in compliance with EU Regulation 2016/679 (hereinafter "GDPR"), of Legislative Decree 196/03 "Code regarding the protection of personal data" (hereinafter the "Code") and according to principles of correctness, lawfulness, transparency and in full compliance with the right to privacy.
13.3. Detailed information regarding the methods and purposes of data processing, communication and storage, the right of access and other rights; are reported in the Information on the processing of personal data pursuant to Articles 13 and 14 of the GDPR, available online at: www.dominoni.com/privacy-policy.php
Last update: 21/05/2021