1.1 These general conditions of sale, available on the site https://dropb2b.it/ TERMS AND CONDITIONS OF USE section in favor of the user for reproduction and storage pursuant to art. 12 of Legislative Decree no. 70/03 and subsequent amendments, have as their object the online sale of the products of ATD S.r.l., carried out remotely by means of a telematic network through the Site belonging to the same ATD S.r.l., a company governed by Italian law, with registered office in Portici, Via Bagnara n. 10, VAT number and tax code 08897731215, registered with the Naples Chamber of Commerce under no. NA993322, Share capital € 10,000, e-mail [email protected] pec: [email protected]
1.2 These general conditions apply only to online sales, as described above, B2B (Business to Business) between ATD S.r.l. and natural or legal persons who purchase products for purposes related to their business or professional activity (hereinafter "Customer"). These B2B online sales of Dropb2b.it products are governed not only by these general conditions, but also by the particular conditions of sale such as, by way of example, the price, the payment and delivery methods, the type of product, etc. ., chosen from time to time by the Customer on the Site.
1.3 These general conditions of sale must be examined by the Customer before each purchase and are understood to be fully known and unconditionally accepted with the affixing by the Customer of the flag in the relevant field of acknowledgment and acceptance on the Site. Therefore condition essential for the purchase is the prior registration of the Customer on the site https://www.Dropb2b.it.it, with simultaneous reading and acceptance of these general conditions as well as the assignment of an identification code and password to be subsequently entered in the appropriate fields before every purchase.
1.4 The Customer acknowledges that ATD S.r.l. will not accept orders placed (i) from subjects who are not registered Customers as defined above, (ii) from subjects who are not B2B customers as defined above, or (iii) by ordinary e-mail from Customers without their prior registration on the site https://www.dropb2b.it.
1.5 ATD S.r.l. is free to update, integrate or modify these general conditions of sale, effective for sales completed after their publication on the Site, which constitutes communication of the changes to customers, registered or not.
1.6 The Customer declares that the compilation of the registration form and subsequent purchases will be made by subjects with the power to bind the customer.
1.7 The Customer undertakes not to transfer his identification code and password to third parties and to keep them with the utmost care and diligence, remaining solely responsible for their custody and use.
1.8 The Customer must submit the purchase order by diligently and scrupulously following the instructions and procedures described on the Site.
1.9 The Customer undertakes not to transfer his identification code and password to third parties and to keep them with the utmost care and diligence, remaining solely responsible for their custody and use. The Customer, therefore, accepts all orders sent to ATD S.r.l. as his own as of now. with the identification code of the Customer himself and his password, as well as the invoice that will be issued with the data entered by the Customer.
1.10 The sales contract will be considered finalized between the Customer and ATD S.r.l. with the activation by the Customer of the command "icon confirm order"
1.11 The Customer acknowledges the possibility of downloading these general conditions from the Site and agrees that ATD S.r.l. send him a copy of these general conditions by means of the aforementioned summary e-mails.
1.12 The order form will be filed in the database of ATD S.r.l. for the period of time necessary to process the order.
1.13 Except for express exceptions, communications between the parties that modify the contractual conditions, as defined above, or affect the execution of the sales contract, will always take place in writing, thereby expressly including communications via e-mail. outgoing and incoming from the e-mail of the sales office of ATD S.r.l.
ART. 2 - RISKS AND RESPONSIBILITIES
2.1 The Customer remains solely responsible for the correctness and completeness of his identification data and in any case for any data entered on the Site and / or in the order form, in particular with reference to the product ordered, with the exclusion of any liability of ATD S.r.l.
2.2 ATD S.r.l. declines any responsibility for the information, documents and materials that may be placed by third parties on the Site, even if such contents are made available to the Customer as part of an advertising service offered by ATD S.r.l. 2.3 The Customer acknowledges that ATD S.r.l. cannot in any way be held liable to the Customer for the suspension or interruption, regardless of his will, of the operation of the Site.
2.3 ATD S.r.l. declines any responsibility for any failure to ship products purchased by the CUSTOMER and intended for third parties. In the event that the CUSTOMER makes use of the Dropshipping service, ATD S.r.l. is in no way responsible for any secondary damage caused to the CUSTOMER by order cancellation or delivery problems to third parties.
ART.3- AVAILABILITY OF PRODUCTS
3.1 The availability of the products refers to the actual availability at the time the CUSTOMER places the order. However, this availability must be considered purely indicative as:
- the products could be sold to other CUSTOMERS before confirming the order, due to the simultaneous presence on the site of multiple users,
- a computer anomaly could occur such as to make a product available for purchase that in reality is not.
Even after sending the order confirmation e-mail sent by ATD, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified with the elimination of the product or products not available and the CUSTOMER will be promptly informed by e-mail; with this e-mail the customer will also be informed of the methods and timing of reimbursement of any sums paid.
In any case, ATD S.r.l. not to execute the Customer's order if, as a result of checks subsequent to its receipt, payment delays or other non-fulfillments by the same Customer relating to previous orders result; of this suspension ATD S.r.l. will notify the Customer by e-mail, informing him that the suspension will remain until the Customer's debt position is regularized. If, following receipt of the order, payment delays or other reasons legitimizing the suspension of the execution of the order do not emerge, or following the regularization of the Customer's debt position, ATD S.r.l. will send the Customer, to the e-mail address indicated by him, an e-mail confirming the sale
ARTICLE 4 - PAYMENT METHOD
4.1 Each payment by the CUSTOMER can only be made by means of the credit cards indicated on the website www.dropb2b.it, by bank transfer, or by Paypal payment method.
In case of payment by credit card, the actual amount of the order will be charged only when the order is complete and ready for shipment.
4.2 In case of payment with Paypal, the actual charge will take place when ATD sends the order confirmation e-mail.
The communications relating to the payment and the data communicated by the CUSTOMER when this is done take place on special protected lines.
4.3 Payment of the full price for the purchase of Dropb2b.it products must be made in the manner and timing indicated in the purchase order or in the sales invoice, if different.
4.4 Failure or incomplete punctual payment within the term provided for by the previous art. 4.1 will constitute a serious breach by the Customer and will determine the right for ATD S.r.l. to terminate the contract by sending rec. a.r. or pec, without the need for formal notice.
4.5 In the event of default, except for greater damage pursuant to art. 1224 of the Italian Civil Code, will automatically take effect in favor of ATD S.r.l. default interest at the rate established by law pursuant to Legislative Decree 231/2002 and subsequent amendments.
ART. 5 - DELIVERY
5.1 The delivery of the products to the Customer will take place in the manner and timing indicated by ATD S.r.l. in the summary e-mail of the order pursuant to art. 1.10. Delivery terms are always indicative and never essential for ATD S.r.l. and for the customer. ATD S.r.l. will carry out deliveries compatibly with its production, procurement and shipping needs and (ii) will be able to divide the products of a single order into multiple deliveries or combine in a single delivery products indicated in different orders.
5.2 ATD S.r.l. may suspend the delivery of the products sold in the event of non-regular or non-regular payment of the price by the Customer, pursuant to the following art. 4.1.
5.3 In the execution of orders, maximum compliance with the specific requirements resulting from the catalog on the Site will be observed. ATD S.r.l., as part of its production choices, or in compliance with any regulatory provisions, may nevertheless effect make partial adaptations or modifications of the product concerning the aesthetic, constructive and functional characteristics. Such changes do not require prior notification to the Customer.
5.4 The transport of products from the warehouse of ATD S.r.l. at destination is the responsibility of ATD S.r.l. who will arrange for the shipment with the means deemed most suitable, remaining the loading operations, risks and charges in any case to be borne by the Customer.
5.5 The products are packaged with standard packaging, intact, suitable for loading on means of transport and unloading on the ground with suitable and approved tools;
ATD S.r.l. declines all responsibility for any damage to the goods caused as a result of the movement and lifting of the goods carried out with incorrect maneuvers or with inadequate means.
5.6 ATD S.r.l. will arrange for product insurance on behalf of the Customer only upon a timely written request from the same, who will assume all related expenses and responsibilities.
5.7 ATD S.r.l. will release the shipping tracking code only when it is entrusted to the carrier in charge. Any request for a tracking code prior to this event will be rejected.
ART. 6 - WARRANTY
6.1 Without prejudice to what is specified in relation to any improvements or adaptations of the product with respect to the characteristics expressed on the Site that do not affect its quality, ATD S.r.l. guarantees the conformity of the products with the declared technical characteristics and their immunity from defects and faults, as well as their safety according to the standards in force at the time of their marketing.
6.2 The acceptance of the products by the Customer or by the person in charge of collection by the Customer, is authentic the good condition of the packaging and all responsibility of ATD S.r.l. in this regard it ceases upon delivery. The Customer is also required to check upon arrival that the products comply with the order. Failing this, they are considered compliant and accepted.
6.3 ATD S.r.l. disclaims any responsibility for damages of any kind, whether direct or indirect, caused to things or people that are not related to the use that could legitimately be expected at the time the products were manufactured.
6.4 ATD S.r.l. grants the Customer a guarantee of 12 (twelve) months for the lack of conformity of the products; this guarantee starts from the date of delivery of the products and its operation is subject to the notification of the discrepancy within 8 (eight) days of its discovery. 5.5 Complaints regarding product defects, as well as qualitative or quantitative differences and any other visible discrepancy, must be communicated to ATD S.r.l. in writing within 8 (eight) days of delivery.
ATD S.r.l - ATD S.r.l.
Registered office: Via Bagnara 10, 80055 Portici (NA)
For hidden defects verified by the customer before the sale to his successor in title, the term starts from the day of discovery duly proven by the customer. Complaints regarding any discrepancies from the accompanying documents for transport, damage or shortages referable to the transport itself, must be communicated to ATD S.r.l. via certified e-mail or via e-mail within 24 (twenty-four) hours of receipt of the products.
6.6 The complaint of the defect or non-conformity must be received accompanied, under penalty of inadmissibility, with the description of the defect or non-conformity, the sales invoice number, the product serial number and the Customer's data. Obvious defects such as breaks, abrasions, scratches, or the lack of conformity to the declared quantity, quality or aesthetic characteristics that are not immediately visible before purchase (because in this case they are considered accepted by the Customer and / or the end user and do not fall within the scope of the guarantee) are presumed to be known at the time of delivery.
6.7 Any contestation of defects and faults or lack of conformity made by the end user or by the Customer for recourse to the requests from their successor in title, forwarded beyond the aforementioned warranty period, will be the sole responsibility of the Customer with exclusion of any right of recourse or recourse.
6.8 In the face of complaints that are justified and promptly proposed, accompanied by the requested information, ATD S.r.l. will carry out the interventions under warranty in a reasonable time by sending the product to the supplier. To this end, the product must be delivered, by the Customer, to the headquarters of ATD S.r.l. or the assistance center indicated by the same.
6.9 ATD S.r.l. reserves the choice, at its sole discretion, between replacement or repair of the products that ATD S.r.l. recognizes defective, provided that the defects are not attributable to transport, misuse and / or storage, incorrect assembly or use of the same that is not rational or inappropriate and in any case the responsibility in general of the Customer, his successors in title or of third parties.
6.10 Repairs carried out under warranty do not involve any extension of the duration, nor the renewal of the warranty itself.
6.11 The guarantee does not apply if the product is combined with components not marketed by ATD S.r.l. or the warnings and prescriptions provided or expected according to a normal criterion of diligence have not been observed.
6.12 During the warranty period as established in the previous art. 5.4, ATD S.r.l. ensures that the products are free from defects or defects in materials and construction, provided however that the products are in normal conditions of use and maintenance.
6.13 The warranty does not cover parts subject to normal wear, defects or non-conformities in operation and damage originating from improper use or incorrect maintenance of the products in accordance with the use and maintenance manual or from any other warning, instruction or prescription by ATD S.r.l. and the manufacturer of the product. Nor is it subject to warranty when it originates from tampering with the products and in any fact, conduct or omission attributable exclusively to the Customer or his successors in title.
6.14 ATD S.r.l. will in no case be liable for damage caused by defective or non-compliant products and this in express derogation from art. 1494 of the Italian Civil Code ART 6 -
ART. 7 - RETURNS
7.1 The right of withdrawal is excluded for each product sold by ATD S.r.l. Subject to authorization by ATD S.r.l., product replacement will be allowed in the event of lack of conformity and / or in the cases provided for in Article 6
Any return of products purchased online must be agreed in advance with ATD S.r.l. , which will assign a return authorization number to which the Customer will refer in the return document and / or in the documents.
Any refunds will be paid to the payment method used.
ATD S.r.l - ATD S.r.l.
Registered office: Via Bagnara 10, 80055 Portici (NA)
[email protected] www.Dropb2b.it.it
ATD S.r.l. reserves the right to provide for replacement or repair from time to time but not for reimbursement or cancellation.
6.2 All communications in this regard will take place electronically by e-mail or certified e-mail. 6.3 Returns relating to goods and accessories not produced or marketed by ATD S.r.l. will not be accepted. or without the authorization number.
6.4 In any case, the products returned to ATD S.r.l. will not be replaced. which, even for lack of adequate protective packaging, are not intact in some of their parts.
ART. 7 - PROHIBITION OF ASSIGNMENT
It is expressly forbidden for the Customer to transfer the finalized contract to third parties pursuant to art. 1.10, subject to the prior written consent of ATD S.r.l.
ART. 8 - JURISDICTION Any dispute, even of a non-contractual nature or for connection reasons, arising between the Customer and ATD S.r.l. relating to the validity, execution, interpretation and termination of the sales contract perfected under these general conditions, will be devolved to the exclusive jurisdiction of the Court of Naples, without prejudice, however, to the faculty of ATD S.r.l. to initiate actions before the Court of the Client's place of residence.
ART. 9 - PERSONAL DATA The Customer declares to have read the information pursuant to art. 13 and 14 of Regulation (EU) 2016/679 (GDPR) available on the Site and with the acceptance of these general conditions provides consent to the processing of their personal data for the purposes and in the manner indicated in the aforementioned information. The customer's personal, corporate and tax data, acquired directly or indirectly by ATD S.r.l., will be collected and processed in paper, computer or telematic form, exclusively for the purpose of allowing the execution of purchase orders. The data acquired by ATD S.r.l. will be kept for a period of time not exceeding that necessary for the purposes for which they were collected and subsequently processed. However, their removal will take place safely. Although not expressly provided for here, reference is made to the aforementioned information that the Customer declares to have received, viewed and understood.