General Provisions
The terms described below are valid only between DIATEX S.P.A. with registered offices in Via Firenze n. 4 – 36030 Villaverla (VI) – Italian VAT 02505250247 and any person or company (hereinafter referred to as “CUSTOMER”) that makes purchases online on the website www.diatex.eu, in accordance with the provisions of the Italian consumer code, referred to in Italian Legislative Decree 206/2005, as amended by Legislative Decrees 21/2014 and 70/2003 in relation to electronic commerce.
ARTICLE 1 – Purpose of the the contract
These terms of purchase stipulated in the present contract relate to the sale, by DIATEX S.P.A. to the CUSTOMER, of products published on the website www.diatex.eu, where the name of the goods and the essential characteristics said goods are expressly stated.
DIATEX S.P.A. undertakes to describe and present the items sold on the site in the best way possible. Nevertheless, there may be some errors, inaccuracies or small differences between the site and the actual product. Furthermore, the photographs of the products presented on www.diatex.eu do not constitute part of a contract; they are only representative, in fact the color and appearance of the packaging, labels, and product may vary due to the monitor used by the CUSTOMER. Consequently, DIATEX S.P.A. does not guarantee the faithful reproduction of the same.
The data published on the website may be subject to changes or updates in order to provide a better service to the CUSTOMER; any changes will be communicated promptly on confirmation of the order.
The customer is obliged to inspect, prior to confirmation of their order, the general conditions of sale stipulated in this contract, in particular the pre-contractual information provided by DIATEX S.P.A., and to accept them by flagging the indicated box.
ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of Legislative Decree 206/205
Prior to the conclusion of the purchase contract and before the confirmation of the order with “obligation to pay”, the CUSTOMER is informed, in accordance with the provisions of article 49 of the Italian consumer code dall’art.49 and, among other things, the following:
– the main features of the product;
– the name of the seller, and the address and contact details;
– the total price including VAT, with details of the shipping costs and any other costs;
– form of payment;
– conditions, terms and procedures for exercising the right to return the goods (Article 7 of the present conditions)
– information that the CUSTOMER must bear the cost of returning the goods should they decide not to keep them;
– a legal guarantee of conformity for goods purchased.
In any case, the CUSTOMER may at any time and in any case before the conclusion of the contract, take note of information related to DIATEX S.P.A., such as the company’s traditional mailing address, telephone number and fax numbesr, and email address. This information is reported as:
DIATEX S.P.A.
Via Firenze n. 4
36030 Villaverla (VI)
Tel. 0445 – 350338
ARTICLE 3 – Conclusion and legal effect of the contract
The contract can only be concluded via the Internet, by accessing the CLIENT at www.diatex.eu and the creation of a purchase order in accordance with the procedure laid down by the site itself.
In particular, the contract is deemed to have ended when DIATEX S.P.A. has sent the CUSTOMER an email confirming the order. The email contains the data of the CUSTOMER and the number of the order, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent.
The CUSTOMER undertakes to verify the accuracy of personal information contained in it and to inform DIATEX S.P.A. of any changes to be made regarding this information.
ARTICLE 4 – Availability of products
The availability of the products refers to the actual time the customer places the order. This availability must still be regarded as purely indicative because, due to the simultaneous presence of multiple users on the site, the products may be sold to other CUSTOMERS before the order is confirmed.
Even after DIATEX S.P.A. has sent the CUSTOMER an email confirmating the order, there may be cases of partial or total unavailability of the goods. In this case, DIATEX S.P.A. will contact the CUSTOMER, and will try to agree upon the most appropriate solution. If, in the latter case there is no possibility of reaching an agreement, the CUSTOMER may request the order to be cancelled, thereby terminating the contract. DIATEX S.P.A. shall refund the amount already paid within 14 days from the day DIATEX S.P.A. is informed of the customer’s decision to terminate the contract.
ARTICLE 5 – Prices
All selling prices of the products listed on www.diatex.eu are in Euros and are inclusive of VAT.
Shipping and handling charges are not included in the price of purchase, but they are indicated and calculated at the time of the conclusion of the purchase process before payment.
The CUSTOMER accepts the right of DIATEX S.P.A. to modify its prices at any time; in any case the goods shall be invoiced based on the prices listed on the site at the time the order was created and listed in the email confirmation sent by Diatex S.p.A. to the CUSTOMER.
Should computer errors, or any other manual or technical errors, cause a substantial change in the selling price to the public, not provided for by DIATEX S.P.A., such as to make the price exorbitant or clearly insignificant, the purchase order will be considered invalid and canceled, and any amount paid by the CUSTOMER will be refunded within 14 days from the date of cancellation.
ARTICLE 6 – Methods of payment
Any payment by the CUSTOMER may only take place by means of the credit cards listed on the website www.diatex.eu.
Communications relating to the payment and the data submitted by the CUSTOMER at the time the payment is made, will be made on protected lines.
ARTICLE 7 – Right of withdrawal
The CUSTOMER has the right to withdraw from the contract without giving any reason within 14 days from when the same or a third party appointed by him/her (i) has received the product (s) and in the case of the purchase of multiple products delivered separately but included in a single order, received the last product.
To exercise the right of withdrawal, DIATEX S.P.A., with registered office in 36030 Villaverla (VI) via Firenze 4 must be informed of the decision by sending an explicit statement. To meet the 14-day deadline, the CUSTOMER must send the withdrawal declaration before the expiry of the withdrawal period.
In the event of a valid exercise of the right of withdrawal, the CUSTOMER will be refunded for payments received, including the cost of delivery (except for the additional costs deriving from the consumer’s choice of a type of delivery other than the least expensive type of delivery provided by Malde DE’), without undue delay and in any event no later than 14 days from the receipt of the CUSTOMER’s decision to return the goods. Such refunds will be made by bank transfer or postal order.
The refund may be delayed until receipt and inspection of the goods or until demonstration by the CUSTOMER of having returned the goods, whichever is earlier.
If the product has already been delivered, the CUSTOMER shall return it intact in its original packaging, to DIATEX S.P.A., with registered offices in 36030 Villaverla (VI) Via Firenze 4, without undue delay and in any event within 14 days from the day on which the decision to withdraw from the contract by the CUSTOMER has been notified to DIATEX S.P.A.. The deadline is met if the goods are returned before the expiry of the 14-day period. The direct cost of returning the goods shall be borne by the CUSTOMER.
ARTICLE 8 – Guarantee of legal compliance
Should the CUSTOMER receive tools that do not comply with the orders or which are damaged, the CUSTOMER has the right to have the product replaced at no charge.
ARTICLE 9 – Methods of delivery
When the CUSTOMER receives the goods, he / she is required to inspect that the products conform to those ordered and to the requirements of this contract. Should the CUSTOMER have doubts about the integrity of the goods then he/she must indicate this on the delivery receipt.
For every order placed on www.diatex.eu, DIATEX S.P.A. will issue an invoice for the goods shipped. The invoice will be sent by email.
The invoice will contain all the information provided by the CUSTOMER during the purchase process.
After the issuance of the invoice, it shall no longer be possible to make any changes to the data shown in the said invoice.
ARTICLE 10 – Liability
DIATEX S.P.A. assumes no responsibility for disruptions that render the company unable to execute the order on schedule which are caused by force majeure or unforeseeable circumstances, including malfunctions or disruptions of the Internet. DIATEX S.P.A. is not responsible for the work of the courier that delivers the goods, in case of delay in delivery or any damage thereof.
ARTICLE 11 – Access to the site
The CUSTOMER has the right to access the site for consultation and purchases made. No other use, especially commercial, of the site or its contents is permitted. The integrity of the elements of this web site, whether audible or visual, and the related technology used remain the property of DIATEX S.P.A. and are protected by intellectual property rights.
ARTICLE 12 – Cookies
The website www.diatex.eu uses cookies. Cookies are electronic files that record information about how the CUSTOMER has visited the site (pages viewed, date and time of consultation … etc.) and which allow DIATEX S.P.A. to offer a personalized service to customers.
DIATEX S.P.A. informs the client of the possibility to disable the creation of these files, by accessing their internet configuration menu. Note that disabling cookies will prevent the CUSTOMER from making purchases online.
ARTICLE 13 – Delivery and processing of personal data
DIATEX S.P.A. undertakes to collect personal data for the sole purpose of registering the CUSTOMER and activating the order; the data shall be processed in accordance with the legislation in force. The CUSTOMER consents to the processing of personal data for the completion of the order.
ARTICLE 14 – Entire Agreement
These general conditions of sale are constituted by all of the terms that are part of it. If one or more provisions of these general conditions of sale are deemed invalid or declared that under the law, regulation or following a decision by a court of competent jurisdiction, the other provisions shall continue in full force and effect.
ARTICLE 15 – Governing Law and Jurisdiction
These General Conditions of Sale are governed by the Italian law.
Any dispute that may arise will be mandatorily subject to the jurisdiction of the courts in the place of residence or domicile of the consumer, if located within Italy; otherwise it will be the exclusive competence of the Court of Vicenza.
