General Terms and Conditions for Online Sales

1) Datacol customers may also make their purchases via the e-commerce portal under the “Products” section of the corporate website, datacol.com, subject to registering.
The placement of an order is confirmed by the summary displayed at the end of the procedure.
Orders placed via the online purchasing procedure are always subject to a prior assessment by Datacol S.r.l. which reserves the right to accept or reject the order. Any execution, in the absence of a notification refusing the order, will be the equivalent of accepting the order. Any order confirmation is to be considered as a simple notification that execution has started. Where payment is by means of financing, the order will only be accepted by Datacol in the event that the Customer’s solvency is ascertained.

2) The Customer is required to examine the products immediately upon their delivery. Claims of any apparent defects must be made at the time the products are received; claims of any hidden defects must be communicated expressly in writing within 8 days from the date on which the products were received.

3) Products will be shipped by the courier(s) indicated by Datacol at the Customer’s full expense. Charges will appear on the invoice. The Customer may not raise the possibility of using prices or means of transportation which are cheaper than those used by Datacol srl.

4) All the information, data, and characteristics contained in catalogues, price lists, illustrations, designs and drawings, offers, and advertising material, including that published on the corporate website and, in general, by Datacol are purely indicative and are not binding on Datacol. Datacol reserves the right to make any changes it deems necessary to its products without being required to give notice to the purchaser as long as the product’s functionality remains unchanged.

5) The Customer states that it has been duly informed of the purchased product’s technical characteristics and performance, remaining responsible for the choice of the product itself.

6) The Customer may not, under any circumstances whatsoever, take legal action against Datacol unless the same has complied with the payment schedule laid out in the contract and/or the order. The Customer hereby waives its right to seek damages or expenses from an improper use of the goods, or incurred during the time needed to replace the product.

7) Datacol undertakes to respect the average delivery times of items already “in stock” based on the various destination areas (Northern/Central Italy: 1-2 working days; Southern Italy/Islands: 2-3 working days). Delivery times for products “not in stock” are tied to the procurement times for the specific product. The delivery time for “customised” products (e.g. those bearing the Customer’s logo) is 15 working days. In any case, delivery times for goods are not binding and any delays do not entitle the Customer to cancel the order or to claim compensation for any direct or indirect damage suffered. Datacol has the right to make partial deliveries.

8) Payments must be made exclusively to the selling company’s registered address and payments must only be in favour of the said company. Unless otherwise and expressly provided for, if payment is not made by the Customer and/or by a third party or third parties by the date set for the goods to be delivered, the contract will be understood as having been rescinded pursuant to article 1456 of the Italian Civil Code, with Datacol having the right to withhold the down payment received as confirmation of the order, to charge for all expenses incurred (including transportation expenses), and to demand a penalty equal to 9% (nine percent) of the purchase price of the goods. In any case, Datacol, at its sole discretion, will have the right to reject termination by default and to demand fulfilment instead of termination. In the event of payment by instalment, failure to pay and/or a late payment, even of a single instalment, by the deadlines indicated will result in the Customer forfeiting the benefit of the payment terms, giving Datacol the right to act to recover the residual credit. In the event of a late payment, if the Customer is not a consumer, interest will be applied as provided for by Italian Legislative Decree no. 231 of 2002. A late payment of the price will also result in the Customer forfeiting, with retroactive effect, the right to obtain any bonuses and/or discounts on the basis of agreements, even if not connected to the individual purchase order.

9) In the event that the Customer fails to comply with the agreed payment terms and conditions and method of payment, the paperwork to recover the credit will be sent to the legal department, with interest and relative expenses charged, without any other kind of notice.

10) No liability whatsoever may be attributed to Datacol for reasons of force majeure or events attributable to environmental situations.

11) In the event of non-payment, the contract will be considered automatically rescinded following a simple statement by Datacol, by making use of this express termination clause.

12) The warranty will be valid for 12 months from the date of delivery. Repairs made under warranty do not give rise to an extension or a renewal of the warranty period.

13) Datacol cannot be held liable for any damage caused to property and/or people as a result of the assembly and/or installation and/or mounting of the various products sold. In the case of assembly and/or installation and/or mounting of the individual items purchased from Datacol, the Customer undertakes, at its own expense and under its own exclusive responsibility, to engage a competent technical firm to perform all the checks regarding the assembly and/or installation and/or mounting of the items.

14) Datacol reserves the right to modify, at any time and without notice, the current version of these general terms and conditions. The Customer is expected, therefore, when placing an order, to periodically review this online document in order to understand the version applicable to the Customer at that time.

15) This contract is governed by Italian law. The seller reserves the right to accept orders which were not placed within Italy. Even in such cases, however, it remains understood that Italian shall be the language of the contract. The court of Verona, Italy, shall have exclusive jurisdiction over any dispute arising from the interpretation or execution of the contract agreed between the Parties.

16) By placing the order the Customer confirms that it has reviewed the privacy policy published on the portal concerning the Customer’s personal data as well as all the clauses contained in the general terms and conditions.