Terms and conditions

PREMISE 

These General Terms and Conditions of Contract and Supply, drawn up in accordance with the law, regulate the sales services present on the site https://www.dmstechmart.com (hereinafter "Site") between the company DMS Srl VAT number and CF 04742820618, registered office in Caserta (CE) at Via Roberto Rossellini n. 3, postal code 81100 and operational headquarters in Quarto (NA) at Via Valentino Mazzola n. 12, CAP 80010 (hereinafter also called “DMS” or “Company”), and he/she (hereinafter also called “User” or “Customer” or “Buyer”) who consults the pages of the aforementioned site and who uses the Electronic sales services made available on the site; the Company and the User/Customer/Purchaser jointly are also called "Parties".

These Terms and Conditions are binding between the Parties indicated above and apply to all Buyers of the Products and Services offered on the Site. 

Users who use the Site or purchase the Products/Services sold therein DECLARE that they know and accept these Terms and Conditions. 

For the purposes of these Terms and Conditions, the User agrees that all agreements, notices, disclosures and other communications provided in electronic form satisfy the requirement of being in writing, when required by law, except as otherwise provided by mandatory legislation. 

OBJECT 

This contract governs the terms and conditions of sale and purchase of the Products and Services offered on the Site. Through the Site, the Company offers for sale both new, used and refurbished products and components for systems/machines and automation systems industrial, naval, civil and so-called "home automation". Each product offered is completed by an information sheet containing its main characteristics; it is understood that the images and descriptions included therein may not be perfectly representative of the products which may differ in colour, dimensions and/or components. The Company undertakes to ensure that the products are represented as closely as possible to reality. 

PURCHASE AND PAYMENT METHODS 

To purchase the Products offered in the Site's online catalogue, the User must add them to the cart, then enter their details for shipping the ordered Products, accepting these Terms and Conditions and the Site's Privacy Policy and carrying out the payment within the terms set out therein. 

Payment will be made in a single solution through the methods present on the site, depending on the choice made by the User, and in particular by bank transfer, PayPal, Debit/Credit Card (Visa, Mastercard, Maestro, American Express, Union Pay ), Apple Pay, Google Pay, Amazon Pay, Shop Pay, Wise Transfer. 

The payment procedure is to be considered a mere purchase proposal: the purchase will actually be completed only upon receipt of the appropriate order confirmation email to the address indicated by the User during the purchase. The User, in the event of problems with the purchase procedure or errors in filling in the data, undertakes to promptly contact the Company, strictly in writing, by email to the address: info@dmstechmart.com . 

There will be no commitment between the Company and the User and, therefore, no purchase contract can be considered concluded, in the event that errors are committed in the purchase procedure of the Products, due to facts attributable to both the User and the Company. or obvious and recognizable inaccuracies, such as (by way of example but not limited to) errors or inaccuracies relating to the identification or selection of the Products or the relative quantities or the relative price. In particular, the Company, before allowing the purchase of the Product, reserves the right to verify the availability of the material and the correctness of the prices and, in case of error, reserves the right to cancel the purchase. 

The Company, having verified the order and the lack of justified reasons, will complete and conclude the purchase, and electronically store the relevant contracts in its IT structure or on so-called "cloud" platforms. 

If the User wishes to purchase products present on the Site indicated as NOT immediately available, or requests a specific quotation for particular products/quantities, or for products not present in the online catalogue, or following direct contact made with the sales sector, he/she must proceed to fill out the appropriate form with a request for a quotation or you must send an email to the address: info@dmstechmart.com . In the following 24 working hours from sending the request, the Company will send the quote as a sales offer. If the User accepts the quote by making the payment, the purchase will be considered concluded and the user will receive the usual order confirmation by e-mail to the address indicated by the User, where the quantity and type will be indicated. of the products. 

All orders that have been duly accepted by the User, in any manner indicated above, can no longer be cancelled, except through the issuing of written consent by the Company. We do not accept the revocation of already confirmed orders. 

CONDITIONS OF SALE  

The Company guarantees that the Products and/or Services delivered meet the legal requirements of use, reliability and durability. 

The User releases the Company and its suppliers from the moment of the order from any loss, damage, liability, negative consequence or expense in any way connected to claims against the User due to the fact that he has in any way used materials from the Site, in violation of any applicable law, third party rights or the terms of these Terms and Conditions. 

The User remains solely and exclusively responsible for any consequences (legal or non-legal) arising from the non-compliant use of the Products sold by the Company or from incorrect installation and settings. 

AVAILABILITY OF PRODUCTS AND POSSIBLE CANCELLATION/REDUCTION OF THE ORDER

IMPORTANT INFORMATION FOR UNITED KINGDOM CUSTOMERS 

As a result of the tax agreements between the EU and the UK, a Customer residing in the UK who is a PRIVATE INDIVIDUAL (i.e. any person residing in the UK NOT having a valid UK VAT ID) must necessarily order goods with a value of at least 135 (one hundred and thirty-five/00) STERLINE, including any discount that may be applied, net of any other taxes and costs (e.g.: VAT/VAT, shipping costs, customs duties, etc. etc.). In case such Customer however effects an order of goods lower than the aforementioned amount, the Company may request the integration of the same until the exceeding of the threshold mentioned or cancel the order; in case of customer’s refusal to make the integration or if the Company does not receive any response to the request within 3 (three) working days, the order will be cancelled. In case of cancellation of the order, the sums paid will be refunded to the Customer.  

Meanwhile, no limitation is applied to Professional/Company Customers, i.e. anyone who has a valid UK VAT ID and indicates it at the time of the order or during registration to the site.  

PRICES 

The prices on the Site are clearly indicated, displayed in the currency selected by the customer, EXCLUDING transport costs and taxes. The price charged to the User will be indicated at the time of the order and will not incur in variations based on subsequent fluctuations in market prices, EXCEPT in those cases in which the indicated prices are clearly disproportionate to the normal market value, due to manual entry errors of the prices in the Site.

The prices of products that are temporarily unavailable may undergo variations compared to the price originally present on the Website. These differences are due to circumstances which may occur over the time such as, as example but not limited to: the possibility of sourcing the products in Italy or abroad, at the same prices indicated on the date of submission of the offer, to the variation of the international exchange rate, customs tariffs and transport prices. For orders involving delivery times exceeding 30 days, if there are delays in delivery due to the supplier which do not depend on contractual breach of the Company, the User will bear the economic consequences, the latter being responsible for the possible payment of additional costs.

SHIPPING of ORDERS 

The User, during check-out and before paying, will be able to view the shipping cost, which always remains at his sole expense and depends on the weight and size of the products purchased. Shipping costs may be subject to a surcharge in the case of shipments in particular conditions (volume and weight of products, limited traffic areas, difficult to reach or peripheral areas). 

In case of customs costs, these are always borne by the recipient. The User is therefore invited to get informed in advance about the taxes and duties applicable at the destination customs, to avoid possible delays or impacts on shipments. 

Products available in stock will be shipped within a maximum of 24/72 working hours from the date of purchase. Custom-made or personalized or digital Products will be shipped according to the manufacturer's delivery times. In the event that the Company is not able to ship within the aforementioned deadline, the User will be promptly notified via the e-mail address issued during the purchase. 

Shipments are made via national and international best-performing couriers, and the User will receive information on the courier used and the tracking number within 24 working hours from the order processing, to be able to follow the shipment. The estimated delivery times are purely indicative and may be subject to variations due to force majeure, negligence of the couriers or due to traffic conditions and road conditions in general or by act of the Authority. No damage following delivery delays by carriers can be attributed to the DMS Company.

The Company assumes no responsibility for the work of couriers/carriers, nor for the actual delivery of the products to the User. Each shipment takes place on behalf of the User. The Company is exempt from any liability from the moment it delivers the Products purchased by the User to the carrier. The Company is also exonerated from any responsability in the event that the User decides to collect the Products personally or through third parties delegated by the User. For any damage resulting from shipping or loss of the Products, we reserve the right to request compensation for damages from the shipper.

You can request to insure your shipment against theft, damage or loss on our Checkout page, indicating this in the Shipping Options section. The cost of this service is equal to 1% of the value of the products (excluding taxes) with a minimum of 10.00 euros per shipment. The insurance service is provided according to the Terms and Conditions of the selected forwarder. Basic insurance for Carriers is also in force as per regulations, where the maximum reimbursement is quantified at €1 for each KG shipped.

TERMS and CONDITIONS of FREE SHIPPING within EUROPE

Free shipping is a promotion valid for most European countries, i.e. those belonging to the European Community (commonly 'EU') or signatories of agreements for the European Economic Area (commonly 'EEA'), in other words, those belonging to the so-called 'Schengen Area'.

Therefore, all countries where the goods are subject to customs rules, controls and duties are EXCLUDED, which means (at the time of writing) that the following countries are EXCLUDED:

·         Andorra, Ceuta, Melilla and Canary Islands (SPA)

·         Gibraltar (UK)

·         Great Britain

·         Liechtenstein

·         Norway

·         Serbia

·         Switzerland

·         Turkey

Also EXCLUDED are those countries and areas that are universally referred to by the Logistics Carriers as "Secondary/Disadvantaged Locations", i.e. (at the time of writing) the following countries/areas are EXCLUDED:

·         Azores and Madeira (Por)

·         Ceuta, Melilla, Canary Islands and Balearic Islands (Spa)

·         Corsica (Fra)

·         Grecia Other Cap

·         Minor Outlying Islands UK and Gibraltar (UK)

N.B.: Both these lists are merely examples and do not constitute any obligation on the part of DMS s.r.l. to offer free shipping, as they are subject to changes in international political, commercial and logistical scenarios. After receiving the order, DMS s.r.l. undertakes to verify the actual possibility of applying free shipping and to notify the Customer of any reasons for its inapplicability, quantifying and requesting payment of shipping costs or cancelling the order and refunding any amounts paid by the Customer, according to the General Terms and Conditions.

COMPANY OBLIGATIONS and PRODUCT WARRANTY 

The Company is not responsible for any damage that is not an immediate and direct consequence of contractual violations, nor it is in any way responsible for the no-observance of obligations of third parties.

The Company reserves the right to prevent access to the Site in case of violation of the applicable legal dispositions and/or violation of these Terms and Conditions.

Furthermore, the Company is not responsible in the event of delays or failures to fulfill contractual obligations, nor in the event of delays, disservices or suspensions of the Site, if one or more of these problems derive from unforeseeable circumstances or causes of force majeure.

Among the causes that could lead to the suspension, delay or in any case to non-fulfilment of contractual obligations, for which the Company is not responsible, the following causes are listed by way of example and NOT exhaustively: malfunctioning of telephone and/or electrical lines and /or of the internet network; malfunction of software, hardware and/or hosting services; interruptions and/or suspensions due to legal provisions, even of an exceptional nature or by acts of Italian or foreign authorities; for tampering or interventions by third parties on services or equipment used by the Company during the production of the products; for incorrect use of the platform by Users; malfunction of the connection equipment used by Users; non-compliance and/or obsolescence of devices or programs used by Users; for service malfunctions, data losses, accidental dissemination of personal or sensitive data not attributable to the behavior of the Company, and any other type of damage occurring as a result of attacks by computer pirates, thieves, hackers and/or viruses. 

The Company guarantees that the products sold are free from defects or manufacturing defects and the User has the right to receive the product as described and with the qualities and conformity to the requirements promised on the Site. In the event of manufacturing defects or defects that already exist at the time of delivery of the products, or which appear subsequently, the User must report them directly to the Company strictly within: 

• 6 (six) months from delivery, for refurbished and/or used products;   
• 12 (twelve) months from delivery, for new products.  

The aforementioned guarantee is unique and replaces any other guarantee given, whether written, verbal or implicit; however, it is excluded for those faults and/or defects created during the transport of the product (for which the carrier is exclusively responsible), and/or due to improper assembly or use by the User, or due to inadequate storage or maintenance of the Products or normal wear and tear due to prolonged use. 

The guarantee must be exercised according to the following methods: 

• Request the specific form by sending an email to info@dmstechmart.com ; 

• Return the duly completed form to the same email address; 

• Wait for the Company to carry out all the necessary checks, following which it reserves the right in any case to accept or not the return and therefore to provide or not the guarantee (giving reasons for any refusal); 

• If all the requirements for exercising the warranty right are met, the Company will send the relevant RMA (Return Merchandise Authorization) code, and the User will place the product in suitable packaging (preferably the original one) placing the aforementioned code clearly visible. RMA both on the external packaging and inside the package. 

Once the product has been received, the Company will carefully examine it to verify that the Product is actually the one sold, that the defect complained of actually exists, and that the defect is attributable to its own responsibility; in the presence of all these conditions the Company will grant the guarantee, repairing or replacing the defective product; since the processing times of the product returned under warranty may vary, the User is updated via email by the Company regarding the processing status of the returned product. In the event of exceptional circumstances or the impossibility of repairing the product or finding a replacement, the Company may refund the purchase price or issue a credit note to the user within 30 days of receiving the product. 

In any case, the Company reserves the right to refuse the guarantee in cases where the products that the User intends to return are clearly damaged, altered, modified or tampered with, or if they are special items or customized products. 

Likewise, the Company will not provide the guarantee in favor of the User in the circumstance in which the products that he intends to return do not have a sales order or invoice.

Once the Company has verified the User's right to obtain a refund for the returned product, the User may be charged for additional costs such as - by way of example - administrative management costs, re-stock costs , transport costs, customs duties or collection commissions.

RIGHT OF WITHDRAWAL 

Users falling within the definition of consumers, provided for by art. 3 of the Consumer Code (Legislative Decree no. 206 of 06/09/2005) and residents in Italy, can exercise the right of withdrawal within 14 days from the date of delivery of the purchase, by sending communication to the following e-mail address : info@dmstechmart.com . 

Users NOT falling within this definition of consumers declare that they waive the right of withdrawal. 

In order to exercise the right of withdrawal, it is necessary that the relevant communication is sent before the expiry of the 14-day period from receipt of the product by the user, and that the product is shipped within the following 14 days after communication with the Company of the will to withdraw from the contract.

The Products must be returned in their original packaging, which cannot under any circumstances be modified or replaced by the User. The Company reserves the right to verify the characteristics of the original packaging. 

The Company reserves the right to totally reject or apply compensation if the User has altered the original condition of the product, as well as to verify the product code and serial number of the products sold by it and returned by the User. 

The refund of the price paid by the User will take place within 14 days from the return of the products to the Company.

The shipping costs for returning the Products are, in any case, borne by the consumer User. 

The User declares to renounce the right of withdrawal with regard to the supply of the goods indicated in the art. 59 of the legislative decree lgs. n. 206 of 2005, or (by way of example and not exhaustively): 

- goods which are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery and the supply of goods and/or which, after delivery, are, by their nature, inseparably mixed with other goods; 

- goods made to measure or clearly personalized; 

- provision of coupons, as digital content using a non-material support; 

- digital content and for personalized products. 

The right of withdrawal due to defects in the Product can be exercised by the User if, at the time of delivery, he/she has declared to the shipper that he/she wishes to make use of the "verification reserve" of the characteristics and integrity of the product - including the verification of the quantity of the products purchased - by signing the appropriate form. The User, upon delivery, must check in particular that the guarantee seal is present on the product packaging and that it has not been tampered with previously. 

If the product turns out to be defective, the User will have to return it and, upon delivery, once the presence of the defects complained of by the User has been verified, the Company will proceed with shipping a new sample of the purchased product. 

Finally, the User expressly declares to renouce the right of withdrawal for order of products which, at the time of purchase, were indicated as NOT immediately available, or purchased following a request for a specific quotation for particular products/quantities , or for products not present in the online catalogue, or following direct contact made with the sales sector. 

COMMERCIAL RETURNS 

If the User no longer needs the purchased product and/or has placed an incorrect order, he or she has the right to make a return request. Any requests to return the Products must be submitted, no later than 14 calendar days from the date of delivery of the product, to the email address info@dmstechmart.com . 

The Company, after due checks, reserves the right in any case to accept or not the return, at its sole discretion. In case of acceptance, the Company sends the relevant RMA (Return Merchandise Authorization) code and the User will be able to send the product to the Company at his own expense. The returned Products must necessarily be in conditions of total functional and aesthetic integrity and complete with original packaging. The RMA code must be clearly identifiable. 

Upon receipt of the product, the company will examine it to verify that it is the one sold and complies with the initial conditions of sale. Returns that are clearly damaged, altered, modified or tampered with and WITHOUT the original packaging will not be accepted. 

Products which, at the time of purchase, were indicated as NOT immediately available, or purchased following a request for a specific quote for particular products/quantities, or for products not present in the online catalogue, or following direct contact made with the sales deparment, as well as digital or personalized products, will not be accepted for return.

Furthermore, the User will bear charges or expenses quantified by the Company, also upon receipt and inspection of the returned Product, by way of example and not exhaustively, by way of: administrative management, re-stocking, depreciation of the Product, transport costs, customs duties, collection commissions. 

The Company will make any refund within 30 (thirty) days of receiving the return. 

The Company assumes no responsibility for the advice or suggestions that may be provided to the User in relation to the purchase and choice of the Products. The provision of the Services requires full collaboration from the Customer. If the latter transmits incorrect or incomplete information to the Company, the Company will not be responsible for the truthfulness of the data underlying its performance and the Service itself. 

CUSTOMER/USER OBLIGATIONS 

The User undertakes to provide their personal data correctly and truthfully, and undertakes to proceed with the payment of the fee according to the methods indicated in the specific "Payment Methods" section. 

When filling out the contact form, the User undertakes to provide their personal data correctly and truthfully, assuming full civil and criminal liability for mendacious or false communications. In the event of a breach of these Terms and Conditions, the Company and its suppliers reserve the right to seek compensation for all damages suffered and to be suffered. The User undertakes to indemnify the Company and its suppliers from any loss, damage, liability (including criminal), negative consequence or expense in any way connected to claims against the User due to the fact that the User has in any way used materials of the Site in violation of any applicable law, third party rights or the terms of these Terms and Conditions. The User is solely and exclusively responsible for any consequence that may arise from the non-compliant use of the Products and/or Services offered on the Site. No complaint, charge of liability or request for compensation may be made by the User to the Company and its suppliers as a result of the service offered. 

Upon delivery of the Product, the Customer must verify the conformity of the Product with the order placed. Should a visible non-conformity be found, the User is required to accept delivery with reservations, otherwise he will not be able to make a return under warranty due to obvious defects in the product . 

The report of faults, defects or non-conformity of the products must be communicated to the Company in writing, by sending an e-mail to the address: info@dmstechmart.com , under penalty of complete forfeiture: 

• within 5 (five) days of delivery, in the event of product discrepancies or obvious defects;  
• within 8 (eight) days of discovery in the case of hidden defects.  

The Company will initiate the procedures indicated in the previous paragraphs, if necessary. 

INTELLECTUAL AND INDUSTRIAL PROPERTY 

All contents of the Site are protected and safeguarded by current regulations on copyright and industrial and intellectual property rights (the content of the Site, by way of example and without limitation, includes: the domain, the sub-domains, the trademarks , texts, photographs and videos). All industrial and intellectual property rights relating to the contents of the Site are the exclusive property of the Company or third party suppliers, are reserved to them and are not transferred or licensed to the User. The User, therefore, cannot reproduce, duplicate, copy, redistribute, retransmit to other websites, transfer or otherwise make available to third parties for any reason or in any case use for purposes other than conservation and/or consultation the contents of the Site without the prior express and formal approval by the Company. All rights not expressly granted to you by these Terms and Conditions remain with the Company or its licensors, suppliers, publishers, owners or other service providers. You agree not to use framing techniques to misappropriate any trademark, logo, or other proprietary information (including images, text, page settings, or layout) of the Company without express and separate written consent. 

COOKIE and PRIVACY POLICY 

Please refer to the specific page on the Homepage of the Site relating to the information and regulations on the so-called "Cookies" and on the processing of personal data by the Company. 

COMPLAINTS, DISPUTES and JURISDICTION, DURATION and MODIFICATIONS, FINAL PROVISIONS 

All communications or any complaints from the User towards the Company must be sent to the e-mail address: info@dmstechmart.com . 

The clauses which for any reason are to be considered in whole or in part null or ineffective, do not affect the remaining provisions of this contract, which will remain valid and effective between the parties. 

 For any dispute, the Court of Naples will be exclusively competent.