GENERAL TERMS AND CONDITIONS OF SALE
DeG GROUP E-COMMERCE
Introduction – Definitions
These general terms and conditions of sale govern the sale of products and, where applicable, services by DeG Group S.r.l. (Tax ID and VAT: 02720880307), located at Buja 33030 (UD), Via Polvaries No. 23, represented by its legal pro-tempore representative, email: email@example.com, PEC: firstname.lastname@example.org, owner of the trademark “DeG Group Industrial Automation Technology™” (hereinafter “DeG Group” or “We“) via the website www.shop.degautomazioni.it (hereinafter also “Website” or “Portal“).
The Portal offers its visitors (hereinafter also “Users” or “You”) the opportunity to consult DeG Group’s catalog for remote sales and purchase online the most versatile models of electrical panels designed and manufactured by us, as well as a selection of high-quality electrical and electronic components.
1. THE CONTRACT BETWEEN DEG GROUP AND THE USER
Once the order is placed, the User will be directed to the ‘Review and Payment’ page, where there will be a summary of the goods and delivery options selected, along with a ‘Payment’ button. Clicking this button will redirect the User to the BCC Pay service for payment. Logos of the payment methods available to the User are displayed near the ‘Payment’ button. Once the payment is completed through BCC Pay, the order will be forwarded to DeG Group. Your order will then be considered as a contractual purchase proposal directed to DeG Group for the listed products, considered individually. Upon receipt of the order, an automatic message acknowledging receipt of the order (‘Order Receipt’) will be sent to the User. The order will also appear in the ‘Orders’ section of the ‘User Account’ page within the Portal. The Order Receipt does not constitute acceptance of the purchase proposal. With the sending of the Order Receipt, DeG Group only confirms that it has received the order and has subjected it to a data verification process and the availability of the requested products. The sales contract with DeG Group will only be considered finalized when a separate email is sent to the User or following the update of the order status in the ‘Orders’ section of the ‘User Account’ page, through an explicit declaration of acceptance of the purchase proposal. This declaration will also contain information regarding the shipment of the product and its tracking, as well as the expected delivery date.
The User agrees to receive invoices [consider whether to differentiate the process by making the invoice automatic only for accounts with a VAT number or for consumers who explicitly request it] in electronic format. The electronic invoice is forwarded through the Exchange System managed by the Revenue Agency. A courtesy copy of these documents will still be available in PDF format within the ‘User Account’ section of the website or will be sent to the email address provided at the time of purchase.
The consideration for orders made through the Portal must be paid using one of the credit cards operational on the BCC Pay network. DeG Group does not come into contact with Users’ payment information. All payments are managed through redirection to the services offered by BCC Pay S.p.A., a company with registered office in Italy, Rome 00178 (RM), Via Lucrezia Romana n. 41/47 (Tax Code: 15539261006), registered at no. 24 in the Register of Electronic Money Institutions pursuant to art. 144-quater of Legislative Decree 385/1993 (Consolidated Banking Act). Users are advised to consult the information provided by BCC Pay S.p.A. before use, which can be found at the link https://www.bccpayspa.it/Pagine/Utility/Trasparenza.aspx.
For the delivery of goods to the address specified by the User, DeG Group entrusts the delivery service to selected professional partners. Depending on the delivery region and workload, the appointed carriers may vary. The amount of shipping costs may depend on various factors, such as weight, dimensions of the goods, and distance from our warehouse. For orders exceeding a certain amount (in euros), shipping costs may be covered by DeG Group (consider removing this part).
Once the order has been placed, the User can find information related to the shipment within the User Account page, under the “Orders” section.
4. RIGHT OF WITHDRAWAL AND EXCEPTIONS
Subject to the exceptions indicated below, the User who acts as a consumer under D. Lgs. 206/2005 (Consumer Code) has the right to withdraw from the order placed, without having to provide any reason, within 14 days from the delivery of the order.
The exercise of the right of withdrawal must be communicated to DeG Group through our Customer Service, by filling out the online form accessible from the User Account page. Alternatively, you can contact our legal office or our Customer Service at the email address email@example.com or at the phone number +39 0432 975121.
To exercise the right of withdrawal, it is necessary for the relevant communication to be sent before the expiration of the 14-day period and for the product to be returned to DeG Group following the instructions provided in response to your communication.
In the event of exercising the right of withdrawal, provided that the goods are still intact and such withdrawal is still possible, DeG Group will refund the User all payments received in relation to the product for which the right of withdrawal has been exercised, including shipping costs related to the most economical shipping method offered by DeG Group, within 14 days from the successful return of the items on which the right of withdrawal has been exercised and verification of their integrity. For the return of the products, the User must follow the instructions provided by DeG Group for the specific case, otherwise the User will forfeit the right to receive a refund. The User will bear the direct costs for the return of the products and may be held responsible for any reduction in their value. The refund will be made using the same payment method used to complete the order.
5. PRODUCT WARRANTIES AND LIMITATIONS OF LIABILITY
DeG Group offers its Users operating as consumers under Italian Legislative Decree No. 206/2005 a legal warranty of conformity that the seller is legally obliged to provide for every good sold (‘Legal Warranty’), in accordance with Directive 1999/44/EC and Italian Legislative Decree of September 6, 2005, No. 206 (Consumer Code).
The Legal Warranty, to which DeG Group is obligated as a professional seller, covers the product against defects in conformity with the sales contract for two years, provided that the defect in conformity is reported.
If the User does not qualify as a consumer under Italian Legislative Decree No. 206/2005, the warranty is valid for one year and is conditional upon the defects or flaws of the purchased goods being reported within no more than eight days from the date they are discovered.
The warranty is considered valid provided that the supplied goods have not been tampered with or damaged for reasons other than normal use. The User agrees to use the supplied goods according to their technical specifications and to carry out repairs or other technical interventions only with the assistance of DeG Group or personnel authorized by the manufacturer.
It should be noted that for the proper management of the seller’s warranty and related responsibilities, the User must refuse delivery of packages or parcels that are visibly tampered with or damaged. In such cases, we will receive the notification directly from the courier and arrange for a replacement shipment, if possible, or a full refund of the expenses incurred by the User.
In the case of applicability of the Legal Warranty, the User is entitled to have the product’s conformity restored free of charge through repair or replacement. Alternatively, if this is not possible, the User has the right to a reduction in the purchase price or termination of the contract. DeG Group is therefore responsible for conformity defects that manifest themselves within two years from the date of delivery of the goods if the contract has been concluded between DeG Group and a consumer. If the contract is between DeG Group and a professional, the warranty is valid for only one year. The non-consumer User will also have the obligation to report the conformity defect within eight days of its discovery, documenting the date of discovery.
In case of complaints or for more information on the operation of the Legal Warranty, you can contact our Customer Service at firstname.lastname@example.org, via the contact form available on the website, or at +39 0432 975121. If you encounter a conformity defect in goods purchased from DeG Group during the validity period of the Legal Warranty, we invite you to report the issue and request the replacement of the defective items through our support service.
The User is aware that the images published on the website are purely illustrative and the actual appearance of the items may differ from the published photographs. For the purpose of identifying the object of sale, the description of the item on the webpage for each product shall be considered authoritative, not the image. Any difference between images, including those shown on the product description page, and the actual product that does not affect the functional characteristics as indicated in the technical sheet, does not give the right to replacement or refund of items in good condition, except in cases of consumer withdrawal.
To the extent permitted by law, DeG Group disclaims any liability in the event that the delivered product does not comply with the laws of a country of delivery other than Italy. DeG Group will not be responsible for any delay in the delivery of purchased goods due to insufficient stock with the supplier or in DeG’s warehouses. We will also not be responsible for any non-material differences between the purchased goods and their illustrative images and text descriptions published on our website.
Except in cases of willful misconduct or gross negligence, we are solely responsible for direct and foreseeable damages at the time of concluding the sales contract. Therefore, we will not be liable for any losses incurred, lost profits, or any other damages that are not the immediate and direct consequence of our breach or that were not foreseeable at the time of concluding the sales contract. DeG Group is in no way responsible for fulfilling obligations borne by third parties who may offer commercial warranties related to products sold on the website.
6. PRICES AND AVAILABILITY
All prices are inclusive of VAT applicable by law, according to the rates in force for the country where the User requests the delivery of purchased goods.
Information on the availability of products we sell is listed on the website, as well as on the presentation page of each product. Beyond the information provided on that page or elsewhere on the site, we are not able to provide more specific indications regarding the availability of products. Please note that estimated shipping and delivery times for products are purely indicative and cannot be completely relied upon. Once we have received your order, we will inform you via email or by posting a notice on the ‘Orders’ page of your User Account if any of the products you have ordered are not available.
Despite our best efforts, we cannot rule out that for a small portion of the products in our catalog, an incorrect price may be listed due to error. In any case, we will check the correctness of product prices during the order verification process and subsequent shipping of the products. If, due to misunderstandings or other issues, the price listed on the site turns out to be lower than the correct selling price of a product, we may contact you to verify whether you still wish to purchase the product at the correct price, or we may not accept your order. If the correct price of a product is lower than the price indicated on the site, we will charge you only the lower correct price and will still ship you the product.
7. TRANSNATIONAL ORDERS – CUSTOMS
The portal managed by DeG Group is designed to offer services worldwide, ensuring the User is protected under Italian law. It is possible that individuals residing in certain countries may not be able to purchase our products due to limitations related to public interest or international relations between states. Therefore, DeG Group reserves the right to refuse contractual proposals from customers residing in countries where such limitations apply, resulting in the inability to guarantee the requested supply. Similar limitations may be dictated by circumstances that create technical, if not legal, impossibility to fulfill the order in a timely manner. Should DeG Group receive orders that it is unable to fulfill, the User will be informed as soon as possible. DeG Group will then propose to terminate the sale and will consider the possibility of refunding any payments made by the User.
Should goods ordered from DeG Group be delivered outside the European Economic Area (EEA), the User may be subject to import duties and taxes, which are levied once the goods cross the border and undergo any inspections by the competent authorities. Any additional customs clearance costs will be borne by the User. DeG Group has no control over these costs and cannot predict their amount. Customs policies vary significantly from country to country, and it is the User’s responsibility to contact their local customs office if they require further information. When placing orders outside of the common customs area of the European Union, the User is considered the importer and is therefore required to comply with all laws and regulations of the country where the goods will be received. To protect the User’s privacy, it is important to be aware that transnational deliveries are subject to opening and inspection of the products by the relevant customs authorities. For more information, you are invited to read the information provided by the customs authorities of the destination or transit countries.
8. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are governed by and should be interpreted in accordance with Italian and European laws. Consumers with habitual residence in the European Union benefit from additional protections provided by mandatory regulations of their country of residence. Unless otherwise stated, the regulations of Legislative Decree September 6, 2005, No. 206 (Consumer Code) apply solely to Users who qualify as consumers.
DeG Group’s products are designed to ensure high performance and meet elevated professional standards, and are therefore not intended for minors. Individuals under the age of 18 cannot make purchases on the Portal. When making a payment, the User agrees to use only payment methods registered in their own name. For any use of the DeG Group Site or Services by minors, including any improper or illegal use, those with parental responsibility for them or those under whose guardianship the minors are placed will be held accountable. Any instances of minors using DeG Group Services will result in responsibility falling on the individual to whom the employed payment method is registered.
10. CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE
DeG Group reserves the right to modify the DeG Group Services, its notices, its Service Regulations, and these General Terms and Conditions of Sale at any time in order to offer new products or services or to comply with legal or regulatory provisions. The User will be subject to the version of the General Terms and Conditions of Sale in effect at the time they place an order with DeG Group, unless any changes to these General Terms and Conditions of Sale are required by applicable law or competent authorities (in which case, they will also apply to orders placed previously). If any provision of these conditions is deemed invalid, void, or for any reason unenforceable, that provision will be interpreted and/or disregarded in such a way as to not affect the validity and effectiveness of the remaining provisions.
In the event of the User’s non-compliance with these General Terms and Conditions of Sale, the failure by DeG Group to exercise its right to take action against the User does not constitute a waiver to act for the breach of commitments undertaken by the User.
The last modification to these General Terms and Conditions of Sale was made on 08/28/2023.
Changelog: 08/28/2023 This document