These General Conditions of Sale ("General Conditions") govern the commercial relations between Engema, which acts in the exercise of its business activity, and customers. Where the final customers are represented by natural persons acting for purposes unrelated to the entrepreneurial, artisanal or professional activity carried out (hereinafter "Consumer / s"), the specific provisions and powers dictated by the Consumer Code will apply exclusively to them - and referred to in these General Conditions - with reference to distance contracts entered into with Consumers. In such cases, these General Conditions are drawn up pursuant to Title III, Chapter I, Section I ("Contracts negotiated outside business premises" - articles 45 et seq.) And Section II ("Distance contracts" - articles, 50 et seq.) Part III of the legislative decree 6 September 2005, n. 206 ("Consumer Code").
2. Customer Information
In accordance with the requirements of articles 52 and 53 of the Consumer Code, these General Conditions govern the sale of products ("Products") manufactured and / or marketed by Engema, registered in the Latina Company Register at R.E.A. n. 192633, VAT number 02702480597, with registered office in via Ugo La Malfa, snc (Industrial area) - 04020 Spigno Saturnia (LT) ("Engema")
- All remote and / or negotiated contracts outside the commercial premises for the sale of Products by Engema to its Customers, by telephone, fax, e-mail, internet or ordinary mail, are governed by these General Conditions which form an integral and substantial part of any purchase order for the Products ("Order / s"). Engema reserves the right to make changes to these General Conditions at any time in the event that such changes are necessary to adapt them to mandatory provisions of the law, to previous contractual commitments of Engema towards third parties, even merely organizational needs. . The updated version of the General Conditions is available on the website www.engema.it. The General Conditions applicable to each Order are those in force on the date of the Order. Orders may be sent by Customers to Engema via fax or ordinary mail to the addresses and numbers indicated in the Catalog and on the website. The Order must be sent complete with these General Conditions specifically approved in writing, on the Order form, pursuant to art. 1341 and 1342 of the Italian Civil Code. The Order may also be placed by telephone or by e-mail, respectively at the number and e-mail address indicated in the Catalog and on the Internet site. Orders placed by telephone or by e-mail must be confirmed by the Customer, within 7 days, by sending the Order form by fax, e-mail or ordinary mail.
- Each Order constitutes a contractual acceptance of the Customer and the sale is concluded upon receipt of the Order form by Engema at the operational headquarters. Engema reserves the right not to execute Orders that are incomplete or not signed by the Customer or not specifically approved in writing pursuant to art. 1341 and 1342 C.C ..
- In case of non-execution of the Order by Engema due to unavailability, even temporary, of the Products, Engema will promptly inform the Customer, reimbursing any advances received for such Products. In this case, the Customer will not be entitled to any further reimbursement or indemnity or compensation of any kind and DL Garden will therefore be released from its obligations, with the consequent termination of the contractual relationship between the parties.
The prices of the Products published by DL Garden on the website www.engema.it are valid for deliveries on the Italian and international territory, and include VAT calculated on the basis of the pro tempore rate in force. DL Garden reserves the right to apply any different rates according to the legal provisions in force on the date of the Order. The prices of the Products are valid for 2015 until the next catalog is released. DL Garden reserves the right, at its sole discretion, to vary the prices of the Products during the validity of this catalog.
5. Payment and delivery of the Products
- The payment of the Products can be made in a single payment in advance, together with the sending of the Order form, with a contribution for Standard transport equal to 5% of the price of the Products purchased throughout the national territory, or cash on delivery. upon delivery, upon payment at the same time as sending the Order form as a deposit of a sum equal to 20% of the price of the Products purchased, with a contribution for the cash on delivery service equal to 3% of the total amount of the supply, in addition to the cost of standard transportation. The costs for the transport of Products to be delivered to other States are generally equal to 10% of the price of the Products purchased.
- The purchased goods are intended to be delivered to the buyer with the remittance to the Carrier, carried out at the DL Garden headquarters (Spigno Saturnia LT). The Carrier will carry out the transport to the buyer's home, and in any case to the point closest to the address indicated by the Customer in the order, in Italy or in another country, reachable by the Carrier. Standard transport includes the relative unloading but not the porterage and transport to the floor, unless this service has been specifically budgeted according to a transport and assembly service agreed upon at the time of the Order. The service on the floor is intended in the place indicated by the customer reachable via normal access routes. For deliveries to the smaller islands and to places where the use of special vehicles and equipment is necessary and possible, the costs will be defined from time to time. Many of the items in the catalog, including some furniture, are supplied in simple assembly kits for ease of transport.
- In the case of distance contracts and / or negotiations outside the business premises pursuant to art. 54 of the Consumer Code, the term established from time to time for the execution of the order sent by the Consumer to DL Garden must be considered non-binding
6. Characteristics of the Products
- Engema reserves the right to modify, without notice, the characteristics of its production according to the continuous technological evolution.
- The Customer is responsible for the choice of the Products ordered and for the correspondence and conformity to their needs of the specifications indicated by Engema. Engema does not provide any guarantee regarding the compatibility of the Products with other products or equipment used by the Customer, nor does it provide any guarantee regarding the suitability of the Products for the specific use desired by the Customer.
- Any deficiencies or damage visible at the time of delivery and clearly due to transport will be borne by Engema, without any charge to the Customer, provided that it is expressly mentioned on the accompanying document of the Products and the request is proven by appropriate documentation.
- Complaints from Customers relating to any defective or missing parts must be sent to the Engema headquarters within 8 days of receipt of the Products accompanied by suitable photographic documentation.
- Engema is exonerated from any responsibility for the use and assembly that is made of the materials sold with regard also to urban planning, static and safety regulations depending on the place of installation, even in the case in which, at the explicit request of the Customer, Engema provides the names of persons or external companies authorized to perform such assembly. Engema is exempt from any liability for any direct and / or indirect damage caused by such assembly and the quality of the work performed. The admissible overload values of the structures in the catalog are purely indicative and refer to accidental loads of short duration in ideal laying conditions. Engema declines all responsibility for the incorrect use and / or assembly that is made of the materials sold. All urban planning, static and safety checks based on: the place of installation; the validity of the supports (walls, parapets, floors, railings) and the relative mounting system; the use of roofing (polycarbonate, adjustable slats, wood and canvas) depending on the wind or snow load of the installation areas, must be checked by a qualified technician according to the legal provisions in force in the construction regulations.
- For warranty assistance in relation to defects in conformity of the Products ("Warranty"), the Customer must keep the relevant invoice as proof of purchase. The Warranty applies to Products that present lack of conformity existing at the time of delivery, provided that the Products have been used correctly and with due diligence, including in relation to their maintenance. The Guarantee is not envisaged for deterioration of the Products resulting from their normal use, nor for damage to the Products due to events subsequent to delivery. Please note that Engema products are entirely handmade, so many imperfections represent the uniqueness of the product and not defects. In the event of a return, the Customer must return the Products intact, therefore complete in all their parts, unused and in the original packaging. Engema reserves the right to verify the integrity of the returned goods and to withhold any depreciation from reimbursement, also due to damage to the Products for reasons other than transport.
- Except in the case in which the Customer purchases the Products as a Consumer, Engema reserves the right to exclude, suspend, cancel the Guarantee against any customers in default in payments.
7. Conformity of Products in Contracts with Consumers, Warranty, Terms and Disclaimer
- Engema undertakes to deliver to the Consumer Products that comply with the sales contract, pursuant to art. 129 of the Consumer Code. The 60-month warranty pursuant to the Consumer Code applies to products that have a lack of conformity, provided that the product is used correctly, in compliance with its intended use and as provided in the technical documentation. There is no lack of conformity if, at the time of conclusion of the contract, the Consumer was aware of the defect and could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the Consumer. 7.2 The Consumer must report the lack of conformity to DL Garden within two months from the discovery of the defect, accompanying the complaint with suitable photographic documentation, otherwise losing the possibility of exercising the rights under the Consumer Code.
- In case of lack of conformity reported by the Consumer within the terms, the Consumer can ask Engema, at his choice, to repair the Product or replace it, free of charge in both cases (with exclusive reference to the costs necessary to bring into conformity the Products), unless the requested remedy is objectively impossible or excessively expensive compared to the other. One of the two remedies should be considered excessively burdensome if it imposes unreasonable expenses on DL Garden compared to the other, taking into account:
a) the value that the asset would have if there was no lack of conformity;
b) the extent of the lack of conformity;
c) of the possibility that the alternative remedy can be carried out without significant inconvenience to the Consumer.
- After the Consumer has reported the lack of conformity, Engema may offer the Consumer any other remedy available, with the following effects:
a) if the Consumer has already requested a specific remedy, Engema remains obliged to implement it, unless the Consumer accepts the alternative remedy proposed;
b) if the Consumer has not already requested a specific remedy, he will have to accept the proposal or reject it by choosing another remedy.
- If, following an intervention by Engema, the defect declared by the Customer does not result in a lack of conformity pursuant to the applicable legislation, the Customer will be charged for any costs of verification, restoration and transport.
- The information on the guarantee referred to in this article is also provided to the Consumer pursuant to art. 53, paragraph 1, letter c) of the Consumer Code.
- Except in cases of further conventional guarantees, or other mandatory provisions of applicable law, Engema will not be liable for any lack of conformity of the Products.
8. Consumer's right of withdrawal
- Only in the cases of contracts and / or remote contractual proposals or negotiations outside the business premises, the Consumer has the right to withdraw without any penalty and without specifying the reason, within ten working days starting from the day of receipt of the Products from
- The right of withdrawal is exercised by sending, within the terms provided for in clause 8.1, a written communication to the Engema operational headquarters by registered letter with acknowledgment of receipt. The communication can be sent, within the same term, also by telegram, telephone, e-mail and fax, provided that it is confirmed by registered letter with acknowledgment of receipt within the following forty-eight hours.
- The notice of withdrawal must indicate the order number with reference to which the right of withdrawal is exercised, the Product that the Consumer intends to return and the indication of the method chosen for the return in his favor of any sum paid in the price account.
- If the delivery of the Product has already taken place, the Consumer who has validly exercised the right of withdrawal is required to return it or make it available to Engema (at its headquarters in Spigno Saturnia LT) or to the person designated by it within ten working days. starting from the date of receipt of the Product (for the purposes of the deadline, the goods are considered returned when they are delivered to the accepting post office or to the forwarder). The absolute integrity of the Product to be returned is an essential condition for exercising the right of withdrawal. The Consumer who avails himself of the right of withdrawal will be required to return the Product intact, therefore complete in all its parts, unused and in the original packaging. The references of the order object of the withdrawal must be indicated on the goods and on the return documents. Engema reserves the right to verify the integrity of the returned goods and to withhold any depreciation from reimbursement, also due to damage to the Products for reasons other than transport.
- The only expenses payable by the Consumer for exercising the right of withdrawal are the direct costs of returning the goods to Engema. Alternatively, if the Consumer expressly requests it at the time of communication of the withdrawal, Engema can organize the collection of the goods with its own couriers. In this case Engema is authorized to charge the Consumer the cost of transport. In this case, the Consumer must make the goods available in the place where they were delivered, within ten working days from the date of communication of the withdrawal.
- If the right of withdrawal is exercised by the Consumer in accordance with the provisions of this article, Engema will reimburse the sums paid by the Consumer. The refund will be made free of charge, within twenty working days from the delivery of the goods and in any case within thirty days from the date on which Engema became aware of the consumer's right of withdrawal. The sums are understood to be reimbursed within the terms if they are actually returned, sent or re-credited with a value not later than the expiry of the term previously indicated. Any additional services requested by the Customer, such as assembly or special accessory services (cranes, porterage and special vehicles) are not refundable.
- 8.7 The Consumer will not be able to exercise the right of withdrawal in cases of supply of products made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
- 8.8 Con la ricezione da parte di Engema della comunicazione di recesso nei termini e in conformità alle modalità specificate, le parti sono sciolte dalle rispettive obbligazioni derivanti dal contratto o dalla proposta contrattuale.
9. Applicable Law and Jurisdiction
- These General Conditions are governed by Italian law.
- For disputes that may arise in the interpretation and execution of these General Conditions, the Court of Latina will be exclusively competent, with the exclusion of any competing or alternative forum.
- For disputes that may arise with Consumers in the interpretation and execution of these General Conditions, the judge of the place of residence or domicile of the Consumer will be mandatorily competent, if located in Italy.