The following general terms and conditions regard distance selling through www.dmfit.it website and direct selling.
Purchases agree with the 206/05 D.Lgs (italian legislative decree), privacy protection agrees with the 196/03 D.Lgs.
Dmfit srl has the right to update or modify the general terms and conditions any moment, without any warning, and they will be effective by the day of publication on the website www.dmfit.it.
Customers agree and undertake to check any modification of the general terms and conditions, and to print and keep them if they consider it proper.
An on-line distance sale contract is a distance sale contract between a supplier and a client (private or company) made with an internet purchase of goods or services. The products purchased on the website will be delivered to the address chosen by the customer. The customer can choose any address when making the order. Dmfit srl will send the invoice via email for every order, in agreement with the 445/2000 D.P.R. and the 52/2004 D.Lgs. The informations on the invoice will agree with the informations provided by the customer.
Art. 1 SALE CONDITIONS AGREEMENT
1.1 The previous general terms and conditions of the assumption are part of this contract.
1.2 The contract will be finalized on the website www.DMfit.it. The customer can filize it following the guide on the website.
1.3 Customers must check the sale conditions before finalizing the order. Customers agree with the sale conditions when they finalize the order.
1.4 Customers agree with the general conditions and terms, sale conditions and payment conditions when they finalize the order. DMfit srl is not constrained to any different term or condition without previous written agreement.
Art. 2 PRICES AND PURCHASING METHODS
2.1 All prices on the website www.DMfit.it are gross (VAT and taxes not included).
2.2 Shipping costs are stated in the proforma invoice and are accredited to the customer unless specified differently.
2.3 The sale contract is considered complete when the consent is given during the www.DMfit.it registration process.
2.4 Customers can use the payment method specified in the order.
2.5 Shipping costs are definited by weight, encumbrance and destination.
Art. 3 DELIVERY METHODS
3.1 DMfit srl will send the ordered goods to the destination chosen by the customer by carrier.
3.2 The ordered goods will be delivered within the deadline in agreement with the art. 6 of the 05/206 D.Lgs. DMfit srl declines any responsibility for reasons of force majeure or unforeseeable circumstances of missed delivery.
In details: after verifying the ordered goods availability, Dmfit srl will process the order as soon as possible. Customers could have to wait for unavailable goods. Deliveries usually take from 1 to 2 working days within the Italian territory. It could take up to 4 working days to islands or areas difficult to reach. Customers will receive an email when their goods are shipped. We invite our customers to be available at the chosen destination from that moment on for at least 48 hours. For international shipping it could take up to 5 working days, depending on the destination.
3.3 Customers have a duty to check if the received products agree wtih the ordered products before signing the document, if they decide not to exercise the right of withdrawal (Art. 8).
3.4 Customers have a duty to check if quantity and quality of the boxes agree with the one in the document. Clients have also a duty to check the entirety of the boxes received. In case of differences or damages they must be signaled on the document and confirmed via fax, registered mail or e-mail to DMfit srl within a week. Customers have a duty to check the entirety of the goods received too, in case of unevident damages. Communications sent after one week will not be considered. Customers will own the responsibility of their communications.
3.5 Goods will be delivered at the first floor unless differently specified, only on working days.
3.6 Customers have a duty to be available to receive the shipment to prevent extra shipping expenses.
3.7 Dmfit srl doesn't own any responsibility for damages produced by the carrier.
3.8 In case of continued unavailability the goods will be sent back to DMfit srl at the customer's expenses.
Art. 6 WARRANTY AND CUSTOMER SUPPORT
Our products conform to the highest quality standards and our shipping and storage methods are designed to meet those standards.
DMfit srl products quality is certified with international warranty and strict checking procedures. Every product is covered by warranty. Every flaw must be reported within 60 days. Customers can choose if they wish to have the flawed goods replaced at our expenses or a refund, in agreement with the 1519 quater e sexies article of the civil code.
6.1 Warranty duration depends on the product. Warranty start date coincides with the buy date.
a) Warranty for customers
Warranty lasts 2 years. Customers must report flaws within 2 months from the discovery. Customers can request repair or replacement. The 2 years warranty is referred to the original product. Any report sent after will not be considered.Customers must provide the purchase agreement to avail warranty.
b) Warranty for resellers
Resellers can avail warranty in agreement with the Civil Code.
Warranty for resellers customers lasts 1 year from the shipping date. Any flaw must be reported within 8 days from the discovery. Any report sent after will not be considered. Customers must provide the purchase agreement to avail warranty.
Art. 7 CUSTOMERS DUTIES
7.1 Customers have a duty to print and keep those general terms and conditions, in agreement with the 3rd and 4th articles of the 206/05 D.Lgs.
7.2 A customer can register only him or herself (or his or her company) on our website; providing fake or someone else's informations is stricly forbidden.
7.3 Registering twice is stricly forbidden. DMfit srl retains the right to prosecute those who break these rules.
7.4 Customers take full responsibility for any false financial document due to false informations provided during the registration process.
Art. 8 RIGHT OF WITHDRAWAL
8.1 Customers have the right to withdraw within 14 days from the day on which they or a third party other than the carrier acquire physical possession of the goods. Any customer that exercises the right of withdrawal will get a complete refund.
8.2 Returning goods shipping costs are borne by the customer.
8.3 Customers must return the goods in the same conditions of reception to our head office, with the hankdbook, box and instructions. Dmfit will not refund any returning goods that do not meet those requirements.
8.4 Before exercising the right of withdrawal, customers must send an e-mail or fax to inform DMfit and wait our approval. The returned goods must be sent to: Dmfit srl via Migliara 46 snc, 04010 Industrial Park Borgo San Donato-(LT) Italy.
Dmfit srl will send the refund as soon as possible, usually within 30 days. The right of withdrawal will be accepted just in case the returned goods are in perfect conditions. The right of withdrawal can not be exercised on perishable or alterable products.
8.5 Dmfit srl will accept the right of withdrawal only after checking the returned products conditions. The refund will be sent only after the check.
8.6 SHipping costs for returning goods will not be refunded.
Art. 9 CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
9.1 DMfit has the right to terminate the sale contract providing the reason to the customer; the customer will get a refund only of the expenses already covered.
9.2 Customers duties (art. 7) and payment are basic requirements for this contract. Any customer non-fulfilment will cause the sale contract termination (art. 1456 of the civil code) without trial. Dmfit srl has the right to file a lawsuit against the customer for compensation.
Art. 10 JURISDICTION AND COURT
10.1 Trials for lawsuits about implementation, execution, interpretation and non-fulfilment are under the Italian jurisdiction in agreement with the 50/92 and 206/05 D.Lgs.
10.2 Trials will be held in Latina Court.
Dmfit products are subject to evolution and innovation. Dmfit srl has the right to change prices and terms anytime without warning.