Terms and Conditions of Sale
General Terms and Conditions of Sale
1) General Information
Offers, order confirmations, and invoices are understood to be made, interpreted, and accepted under the general terms and conditions of sale stated below. No variation and/or additional condition shall be effective unless agreed upon by the parties and confirmed in writing by Donna Eco’. Any additional service or supply will be performed separately from the main order.
2) Irrevocability of the Order
The order remains binding and irrevocable by the Buyer for 30 days from the date of subscription, while the acceptance or rejection of the order itself is reserved to the unquestionable judgment of Donna Eco’. The order is considered accepted if confirmed in writing by Donna Eco’ within 30 days of its receipt, or if Donna Eco’ has started the supply within the same period. Even in the latter case, the order will be considered accepted under the specific and general conditions of the commission.
3) Offers
Offers sent by Donna Eco’ are considered accepted when Donna Eco’ receives written confirmation from the Buyer. Any changes made by the Buyer to the offer conditions must in turn be confirmed in writing by Donna Eco’ pursuant to Article 1326 C.C. All offers sent by Donna Eco’ are understood at the prices in force at the time of their issuance, but in the face of any list price changes, Donna Eco’ reserves the right to vary the selling prices, remaining, in this case, the Buyer's right to cancel the order in question. All offers are made subject to product availability.
4) Products
Donna Eco’ reserves the right to make any modifications it deems necessary to its products, at any time and without prior notice. Therefore, the illustrations and data reported in catalogs, on the website, offers, and price lists are purely indicative and subject to possible variations.
5) Prices and Payments
The prices indicated for the products and services offered are expressed in Euros, excluding VAT and excluding transport costs, special packaging, while the cost of standard packaging is included. Any transport cost is indicated in the order confirmation phase.
Payment must be made according to the selected payment method. In case of late payments, default interest will be due to Donna Eco’ pursuant to Articles 4 and 5 of Legislative Decree 231/2002 and subsequent amendments, without prejudice to greater damages, excluding the application of Article 1224, second paragraph of the Civil Code, which the parties expressly declare to derogate from. Furthermore, the amounts due will be subject to revaluation in order to indemnify Donna Eco’ from any monetary devaluation that occurred between the day the payment was due and the day it was made.
In case of non-fulfillment by the Customer regarding any payment, even partial or in installments, due to Donna Eco’, Testo reserves the right to suspend the execution of the contract or to terminate it pursuant to Article 1453 of the Civil Code, without prejudice to compensation for damages.
All payments within our online shop are made through our secure payment service provider; data travels through protected connections.
6) Delivery
The delivery terms of the goods indicated in written or verbal estimates, offers, or commissions, while being respected as much as possible, are only indicative, and Donna Eco’ will not be held responsible for damages deriving from delivery delays not attributable to it.
Donna Eco’ undertakes to notify the Customer of any foreseen delays in order fulfillment compared to the terms indicated in the order proposal if the expected delay exceeds 15 days. In such an event, the Customer may cancel the order by written notice to be sent to Donna Eco’ within three days of receiving the delay notification.
7) Retention of Title
The ownership of the goods sold by Donna Eco’ will be transferred only when the Customer has fully paid the amount due based on the order placed. The risk related to the sold products is transferred upon delivery of the goods.
8) Complaints and Liability
All apparent defects of the goods, not attributable to events occurring during and/or related to transport, must be reported with a written communication from the Customer received by Donna Eco’ within 8 days (eight) from the date of receipt of the products. The complaint must contain all data relating to the name or company name of the recipient, the invoice holder, with an indication of the invoice number, product description, serial number of the asset, and the defect found.
In no case is the recipient of the goods allowed to tamper with, dismantle, or modify the product from the original conditions in which it was delivered, under penalty of forfeiture of all liability on the part of Donna Eco’.
Donna Eco’ will not accept the return of goods by the Customer unless previously agreed upon in writing, with original accessories and packaging, and carriage paid.
9) Warranty
The warranty terms for materials are indicated in the manuals of the individual items and may vary for their spare parts if they are parts subject to wear or consumption. In order to keep the instrumentation listed in the offer efficient, Donna Eco’ will replace, at its sole discretion, and by notifying the customer, the worn or consumed components or parts that may impair the correct functioning of the appliance. The replacement will be free of charge if provided for by the contract.
10) Jurisdiction and Applicable Law
The exclusively competent court for any dispute relating to sales and related contracts concluded with Donna Eco’ is that of Naples. For anything not provided for by these general conditions of sale, Italian law is applicable to sales concluded by Donna Eco’ insofar as it is not derogated from by the conditions themselves.