1. For the business relationship between the DS-EUROPE company, owner (hereinafter referred to as the seller) and the buyer, the following terms and conditions apply, in the version valid at the time the offer was submitted by 'buyer. By submitting an offer, the buyer confirms that he is familiar with the seller's terms and conditions and that he accepts the terms and conditions.
2. Conditions diverging from these terms and conditions do not apply unless the seller has accepted the diverging conditions in writing.
3. Any natural person who submits his offer neither for a commercial purpose nor for his own independent professional activity is a consumer. Otherwise, in the sense of these terms and conditions, it is about submitting an offer, which is assigned to a commercial or independent professional activity. The offer is then submitted by a natural person, a public company, an association or a legal person, hereinafter referred to as the entrepreneur. Customers in the sense of these terms and conditions are both consumers and entrepreneurs.
§ 2 Conclusion of the contract and scope of application
1. You can conclude a purchase agreement via our online shop or place an order by phone. Your order represents an offer to the seller to conclude a purchase contract. When a customer places an order with the seller, the seller sends the buyer an email, hereinafter referred to as an order confirmation, confirming the seller's receipt of the order with details of the order. No sales contract is concluded with this order confirmation because the seller has not yet accepted the offer. A sales contract is concluded only when the shipment of an order item has been declared by the seller by e-mail or the order item has been sent. No sales contract is concluded for an order item that the seller has not declared to be shipped or has not been shipped.
2. A sales contract is performed by the seller only with buyers who are over 18 and have full legal capacity. Exceptions are possible, provided that the buyer's legal representative has consented and such consent is available in writing to the seller at the time the offer is submitted.
3. The language of the contract is in Italian.
4. All brand names, trademarks, product names, their abbreviations and logos used on these pages, images and contracts are the property of their respective companies and are protected. These are used by us only as a description or representation of the products offered.
§ 3 purchase prices and shipping costs
1. Seller prices include statutory value added tax. After logging into the shop, entrepreneurs are shown the prices including statutory VAT. Shipping, logistics and packaging costs as well as insurance costs, if incurred, are included in the order.
If the buyer provides an incorrect delivery address for his order and the delivery is returned to the seller for this reason, the buyer will be charged a service fee of € 5.90 and the shipping costs incurred in the event of a new one. delivery.
2. The buyer has the right to deduct a discount if the payment method is prepayment, provided that we receive the invoice amount within 14 days of placing the order. The discount amount appears as a separate item in the cart.
3. If the prerequisites for intra-community delivery are met, the order item will be charged without statutory VAT. The customer must demonstrate these requirements by indicating his name and address, industry or profession, as well as a valid tax identification number. At the time of submitting the offer.
4. The currency of the prices is the euro (EUR). The seller issues the invoice exclusively in euros (EUR) and payments to be made by the buyer are only permitted in euros (EUR).
§ 4 Delivery, delivery times, notification obligation. The products offered in most cases are in stock and the timing is about 6/16 working days from the actual receipt of payment (obviously according to the working season we always try to do it as soon as possible). In addition, out of 10,000 items it may happen without notice to be without some spare parts and the time could be prolonged. Some spare parts displayed on the site are made by the factory specifically for the customer and on the latter the right of withdrawal is not used due to a rare product for sale, made specifically for the customer or for a motorcycle or rare vehicle or for a vintage motor vehicle , old or modern.
1. The information stored with the item based on the shipping address counts as delivery time.
2. In the case of entrepreneurs, delivery takes place at the entrepreneur's risk. The seller can insure the goods at the request of the entrepreneur on behalf of the entrepreneur, but is not obliged to do so.
Complaints by the entrepreneur due to the scope of delivery, obvious defects, incorrect delivery or deviations in quantity must be submitted to the seller immediately in writing or by telephone. If the buyer does not inform us immediately, although he is obliged to do so under this paragraph, the delivery is deemed to have been approved.
3. Although a defect of the once the goods have been delivered, consumers are obliged to inform the seller immediately. An obvious shortcoming is given if it becomes so obvious that it is perceptible even to the average buyer who is not professionally trained. The consumer must inform the seller within 14 days. The period begins when the goods are received by the seller. This regulation of this paragraph does not affect the consumer's right of withdrawal § 6 of these terms and conditions.
§ 5 Due date, payment, default
1. In the case of payment via PayPal, the purchase price is due as an advance payment at the time of submitting the offer before the conclusion of the contract. In case of payment by bank transfer, the purchase price is due within 10 days from the submission of the offer, before the conclusion of the contract. In case of cash on delivery, the purchase price is due on the day of delivery.
§ 6 Right of withdrawal / Instructions for consumers
You have the right to withdraw from the contract within fourteen days without giving any reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must contact us
Street Stalingrado 9 - 17100 Savona (Our warehouse and office are closed to the public but we are immediately available to assist you in pre- and post-sales, resolving any doubts).
For the state of England we have an affiliate called DARREN SEBASTIAN who manages English customers and has a warehouse and office directly in GLOUCESTERSHIRE GI16 7LX GREAT BRITAIN so as not to make you pay import taxes)!
We are ONLINE sellers and we provide assistance within 24 hours via E-MAIL: email@example.com
European distribution warehouse
10 Boulevard Royal
VAT number LU21043907
by a clear statement (for example a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient that you send the notification that you are exercising your right of cancellation before the cancellation period expires.
Unless otherwise stated, the right of revocation does not apply to distance contracts for the delivery of goods which are manufactured to customer specifications or which are clearly tailored to personal needs or which are unsuitable for return by their nature or which can deteriorate rapidly. or their properties The expiration date would be exceeded.
If you wish, you can use our cancellation form. But this is not mandatory.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments we have received from you, including delivery costs (with the exception of the additional costs that arise from choosing a different type of delivery than the cheapest standard delivery we offer.) , to be refunded immediately and at the latest within fourteen days from the day we received notification of your termination of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; Under no circumstances will you be charged any fees for this refund. We may refuse the refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us at the latest within fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. You must pay for any loss in value of the goods only if this loss in value is due to the handling of the goods which is not necessary to verify the nature, properties and functionality of the goods.
End of revocation
§ 7 Compensation and retention
1. The buyer has the right to compensate the seller only if his counterclaims have been legally established or are not contested by the seller.
2. The buyer is entitled to withhold payment only insofar as his claims are based on the same contractual relationship.
§ 8 retention of title
1. The delivered goods remain the property of the seller until the purchase price of these goods has been paid by the buyer (simple retention of title).
2. In business relations with entrepreneurs, ownership of the purchased goods does not pass from the seller to the buyer until the entrepreneur has resolved all the complaints arising from the business relationship with the seller (extended retention of title) .
3.If the seller's retention of title over the goods acquired by an entrepreneur expires due to the resale, combination or processing of the goods purchased by the entrepreneur, the purchased goods will be replaced by the new item or the claim arising from one of the actions described (reserve extended ownership).
§ 9 Warranty
1. In case of defective goods, from the consumer, from the seller to the man to remove the gel or to make a replacement delivery. To his of discretion, can also leave the choice to the seller upon notification.
2. The assignment of the buyer's warranty claims against the seller to third parties is excluded. If the buyer sells the goods delivered by the seller to a third party, he is prohibited from contacting the seller due to the associated legal and / or contractual warranty rights.
3. Claims of the customer for material defects expire in the statute of limitations, ie in the case of new parts within two years, in the case of used parts within one year of delivery of the goods in the case of a purchase contract or the acceptance of the object of the contract in the case of a contract of employment and services.
4. The seller is entitled to supplementary benefits, in the event of a contract for works and services, for the subsequent improvement of our company.
5. If the customer discovers a defect, the customer must give us the opportunity to investigate that defect. The removal of a defect by the customer without the written consent of the seller is excluded.
§ 10 liability
End of series: End of series refers to a series of models and exhausts finishes presented at the fair years ago or end of stock which may only in rare cases show imperfections, marks or other, are in any case guaranteed but no returns or complaints are accepted as the price displayed such as to be considered net without profit for our company.
The following exclusions and limitations of liability apply to the seller's liability for damages, regardless of other legal requirements:
The seller has unlimited liability if he is guilty of willful misconduct or gross negligence. The seller is liable for simple negligence only in the event of a breach of an obligation, the fulfillment of which allows the correct execution of the contract in the first place and on which the buyer can regularly rely (cardinal obligation). Furthermore, liability for damages of any kind, regardless of the basis of the claim, is excluded, including liability for negligence at the conclusion of the contract.
To the extent that the seller is liable for simple negligence under the preceding paragraph, his liability is limited to the damage that he should normally expect under the circumstances known at the time of the conclusion of the contract.
These exclusions and limitations of liability do not apply if the seller has assumed a guarantee for the quality of the goods or has fraudulently concealed the defect in the goods. The seller is also fully liable for damages that must be replaced under the Product Liability Act and for damage to life, body and health.
These exclusions and limitations of liability also apply in favor of the seller's employees and auxiliaries, as well as in favor of other third parties that the seller uses for the fulfillment of the contract.
§ 11 declaration and consent on data protection
§ 12 Place of performance, place of jurisdiction, legal system
1. With regard to the conclusion of a contract with entrepreneurs, the place of performance for the delivery of the goods and the payment of the purchase price is the seat of the seller.
2. The local competent court of the seller is agreed as the place of jurisdiction for entrepreneurs.
3. If the buyer moves his domicile or habitual residence outside the scope of the Federal Republic of Germany after the conclusion of the contract, the competent court of the seller is decisive. This agreement also applies to cases where the buyer's place of residence or habitual residence is not known at the time the action is brought.
4. The conclusion of a contract between the seller and the buyer is subject to the law of the Federal Republic of Germany. The application of the United Nations Sales Act is excluded. For consumers who have their place of residence or habitual residence within the European Union but outside the Federal Republic of Germany, this choice of law applies only to the extent that it does not remove the protection afforded by mandatory legal provisions. of the state in which the consumer is domiciled or habitually resident has.
§ 13 Severability clause
Should individual provisions of the contract, including these provisions, prove to be totally or partially ineffective, the validity of the remaining provisions or parts of these provisions will remain unaffected. Arrangements which come closest to the desired purpose then take their place.