Terms of service

These General Terms and Conditions of Sale govern the sale between Euro Satip Srl (dariorasero® brand), registered office at Via Luigi Cibrario 1, 10143 Turin, Italy, VAT no. IT09605240010, Turin Companies Register REA TO-1065522, share capital € 10,000.00 fully paid up (the "Seller"), and the buyer (the "Buyer") of the products sold through www.dariorasero.com (the "Site").

By purchasing through the Site, the Buyer declares having read and accepted these Terms. We recommend saving or printing a copy.

1. Formation of the contract

By placing an order, the Buyer declares being of age and having full legal capacity. Submitting the order constitutes acceptance of these Terms. The Seller's acceptance, subject to successful payment, is given by sending an order confirmation to the email address provided by the Buyer. Use of the Site entails no additional cost.

The contract text is stored by the Seller. A copy of these Terms, together with the Returns, Refunds and Right of Withdrawal notice, is attached to the order confirmation. The languages available for concluding the contract are: Italian, German, English, French and Spanish.

2. Status of the buyer and business account

A business buyer is a person who purchases in the course of their business, trade, craft or profession. A consumer is a person who purchases for purposes outside that activity.

The business account, which gives access to the reserved price list, is activated by Euro Satip after the company details have been checked. Euro Satip may enter into a Framework Supply Agreement with business buyers, which refers to these Terms; in case of conflict, the Framework Agreement prevails.

The Seller reserves the right to verify the validity of the EU VAT number and, if verification fails, not to apply the trade price list.

By accepting these Terms when placing the order, the business buyer declares that the purchase is made in the course of their business. Anyone who purchases without a business account is treated as a consumer.

3. Prices

Purchases by consumers. Prices are in Euro and include VAT at the applicable rate.

Purchases by traders. Trade list prices are in Euro excluding VAT, which is shown separately at order stage and on the invoice. Intra-EU supplies to taxable persons VAT-registered in another Member State are, subject to VAT number verification, zero-rated with reverse charge applying to the customer.

In both cases the total price, inclusive of all taxes and shipping costs, is shown before final confirmation of the order. Shipping costs are governed by the Shipping notice.

Only buyers who provide suitable documentation, subject to verification by the Seller, may benefit from a reduced VAT rate or from the exemption provided by applicable law.

4. Product availability

Availability is limited to stock. If stock is exhausted, the Seller may reject the order upon notice to the Buyer and refunds any sums already paid within 14 calendar days.

5. Carriage and delivery

Methods, timeframes and delivery areas are governed by the Shipping notice, which forms an integral part of these Terms.

6. Right of withdrawal and returns

The right of withdrawal, reserved to consumers, and the return and refund procedures are governed by the Returns, Refunds and Right of Withdrawal notice, which forms an integral part of these Terms.

Consumers may also exercise the right of withdrawal online, using the withdrawal function available at www.dariorasero.com/en/pages/recesso, reachable from the footer of the Site and from every order confirmation email.

7. Guarantees

For consumers. All products are covered by the legal guarantee of conformity. The duration is 24 months from delivery; for consumers habitually resident in another EU Member State, the duration provided by the mandatory rules of their country of residence applies where more favourable, and in particular 3 years for consumers resident in Spain.

In the event of lack of conformity, the Seller shall restore conformity free of charge by repair or replacement, or alternatively grant a price reduction or termination of the contract. Please retain the invoice or delivery note.

For traders. In relations with business buyers, Articles 1490 et seq. of the Italian Civil Code apply, subject to the following.

The buyer inspects the goods on receipt. Defects must be notified in writing within 8 days of discovery, quoting the order number and attaching photographs, failing which all rights lapse; claims become time-barred one year after delivery (Art. 1495 Italian Civil Code).

Once a defect is confirmed, Euro Satip decides whether to replace or repair the product or to refund the price. Subject to Section 8 "Liability", these remedies replace any other claim relating to the defect.

The warranty does not cover normal wear, improper use or use contrary to the product instructions, or modifications made by the buyer.

Any commercial guarantee of the manufacturer applies in addition, as set out in the product documentation. It neither limits nor replaces the consumer's legal guarantee of conformity.

If an inspection establishes that the defect is not covered by the guarantee, the costs of inspection, repair and transport may be charged to the Buyer, subject to prior notice and acceptance of the estimate.

8. Liability

Consumers. Euro Satip is liable to consumers in accordance with the law. Nothing in these Terms limits the rights granted to consumers by law.

Business buyers.

a) Euro Satip is liable without limitation for wilful misconduct and gross negligence, for personal injury and for breach of obligations arising from rules of public policy (Art. 1229 Italian Civil Code).

b) In case of slight negligence Euro Satip is liable only for direct damage foreseeable when the contract was concluded; loss of profit, production or business interruption, loss of customers and any indirect damage are excluded.

c) In case of slight negligence, compensation may not exceed the price of the order to which the damage relates.

d) Delivery dates are indicative. Delay entitles the buyer to damages or termination only if it exceeds 30 days and the buyer has set a further period of 15 days in writing without success.

e) Mandatory rules on liability for defective products are not affected.

9. Complaints and support

Euro Satip Srl — Via Nicomede Bianchi 109, 10146 Turin, Italy info@dariorasero.com — tel. +39 011 7492922 (Mon-Fri, 8-12 / 14-17)

The Seller responds to complaints without undue delay.

10. Governing law, jurisdiction and dispute resolution

These Terms and the sales contracts are governed by Italian law, expressly excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980).

Consumers habitually resident in another EU Member State retain the protection of the mandatory provisions of that State (Art. 6 Regulation (EC) No 593/2008).

The courts of Turin have exclusive jurisdiction over disputes with business buyers. Consumers resident in Italy may sue and be sued before the court of their residence or domicile; consumers resident in another EU Member State may bring proceedings before the courts of their own State or of Italy and may be sued only before the courts of their own State (Art. 18 Regulation (EU) No 1215/2012).

Consumers may refer to the alternative dispute resolution (ADR) bodies competent under the applicable law. Consumers resident in another EU Member State may also contact, free of charge, the European Consumer Centres Network (ECC-Net) of their country of residence.

11. Language

These Terms are drafted in Italian and translated into other languages. In relations with business buyers, the Italian text prevails in case of discrepancy. In relations with consumers, in case of doubt the interpretation most favourable to the consumer prevails.

12. Changes to the Terms

Euro Satip may amend these Terms. Amendments apply to orders placed after their publication and do not affect contracts already concluded.

Where a Framework Agreement has been signed, amendments to the clauses approved in it are notified to the business buyer by email with 30 days' notice; within that period the buyer may terminate the Framework Agreement.