Foreword
These general conditions of sale are intended to refer only and exclusively to customers operating within the scope of their professional activity and qualifying as a natural person or legal entity acting in the exercise of its entrepreneurial, commercial, handicraft or professional activity, or its intermediary who purchases the Products marketed by Db-Race.
All information on the site is in Italian. The customer declares, that he/she has read all the above information and general conditions of sale, before placing the order.
The customer, before placing the order for the product, declares that the purchase of said product has direct relation to his professional activity.
The customer also declares that he/she has the legal capacity to commit according to the provisions of these general conditions.
- Item
The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online store Db-Race
- Territory and supply coverage
This version of the general conditions of sale refers only to sales made to consumers having their domicile or residence in Italy. - Contract documents
This contract consists of the following documents:
these general conditions of sale
– the order confirmation
Photographs illustrating products on the site are outside the scope of the contract and are shown for descriptive purposes only.
- Receiving order
Any order confirmation signed by the validation click constitutes an irrevocable commitment of the customer that can be called into question only in the cases provided for in this contract.
- Order acceptance
Conclusion of the contract will occur only upon confirmation of the order by Db-Race.
The customer will receive by e-mail an acknowledgement of receipt showing confirmation of the order with all the constituent elements of the contract (including products ordered, prices, delivery dates, shipping costs).
Db-Race reserves the right not to confirm an order for any reason pertaining specifically to a product supply problem, or a problem regarding the order received.
Db-Race cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the customer’s completion of the purchase order. Db-Race shall also not be held liable for any damage that may occur to the products subsequent to delivery to the carrier responsible for their transportation as well as for delays in delivery attributable to the latter.
- Product availability
The offers on this site will be valid as long as the products listed remain online and/or while supplies last.
Db-Race also reserves the right to notify the customer, at the email address associated with their profile, of any unavailability of one or more of the products purchased. In the case of purchase of product no longer available Db-Race will notify the first available date to send the product or refund (on the payment card by the same indicated for the purchase or by bank transfer whose details are understood to be communicated after registration) of the price and shipping costs incurred by the customer.
- Prices – Invoice
Prices are in Euros and exclude 22% VAT.
The guaranteed price to the buyer is the price published on the site at the time of posting.
Product prices are final. They do not include any delivery charges, which will be indicated in the order confirmation. The initial price on which the discount is applied is the official list price.
- Payment
The customer who intends to proceed with the purchase of the products must express this will through a request made directly on the site, in the specially dedicated section, where, following the procedures indicated therein, will send their purchase order and make payment.
Payment of consideration is due from the time of order. The customer agrees to pay the agreed price for the product ordered on the site (price of products and transportation) through the available payment methods.
The customer warrants to Db-Race that he/she has any necessary authorizations to use the payment instrument indicated in the order.
If payment is not received by Db-Race, Db-Race reserves the right to cancel the order. In the case of payment by credit card, Db-Race reserves the right to request the submission, within 24 hours, of a copy of an identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the required submission, Db-Race may refuse payment and cancel the order.
Payment data will be processed in compliance with international PCI-DSS security standards.
- Risk transfer
Transfer of risk to the customer occurs upon delivery of the products to the carrier by Db-Race. During the withdrawal period mentioned in Article 13, the customer is responsible for the object as the custodian. If the product is damaged or destroyed while in the custody of the customer, the customer will suffer all the consequences.
- Order execution
The order will be fulfilled within the terms specified on the Site and upon acceptance of the order by Db-Race and in any event within 30 days after confirmation of the order subject to the availability of the product ordered and unless specifically agreed between the parties.
In case of stock depletion or unavailability of the ordered product, Db-Race undertakes to inform the customer as soon as possible and specify a possible term of renewed availability.
See Article 6 regarding product availability.
- Delivery
The geographical area of delivery corresponds to the geographical area of supply coverage. Deliveries are made Monday through Friday.
Products are delivered to the address given by the customer. Delivery is to the street level unless otherwise indicated. The request for floor delivery of an order (where available) must be indicated by the customer upon final confirmation of the order. Unless otherwise specified during purchase, Db-Race does not provide installation service for products sold.
Db-Race, subject to the provisions of Art. 6, undertakes to deliver the products to the address provided by the customer in the purchase order, through the carrier responsible for transporting them. Db-Race cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the customer’s completion of the purchase order. Db-Race shall also not be held liable for any damage that may occur to the products subsequent to delivery to the carrier responsible for transporting them, as well as for delays in delivery attributable to the latter.
Db-Race delivers throughout Italy. Deliveries to inconvenient ZIP codes (e.g., Venice Lagoon or Islands) may result in changes in the quoted freight rates.
Delivery is made by couriers selected by Db-Race; Post Office Boxes are not considered valid addresses for delivery purposes.
The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product will constitute evidence in the matter of transportation and release of the good.
Upon delivery, the customer should check the content, conformity and condition of the product(s).
In the event of delays, breakdowns, total or partial loss, or other problems, it is the customer’s option to appeal to the carrier without Db-Race’s liability ever being incurred.
Therefore, upon delivery, Db-Race recommends that the customer proceed to check the condition of the delivered products before signing the receipt document.
If anomalies are found, the customer must refuse to accept delivery of the products or put their reservations, detailed and dated, in writing. Such reservations must be confirmed to Db-Race by registered mail with return receipt within three (3) business days after delivery of the products.
- Withdrawal of products when the customer is absent
If the recipient is absent during the delivery, the carrier will leave a notice of passing at the delivery address given by the customer. If the consignee is absent even on the second delivery attempt, the products must be picked up at the address and in the manner specified by the carrier.
In case of failure to pick up within the time limit set by the carrier, the products will be returned to Db-Race who reserves the right to refund the price of the products, leaving the shipping costs to be paid by the customer.
- Warranty
Scope of operation
This guarantee is intended for Clients operating within the scope of their professional activity,as defined in Article 1. The sales referred to in these general conditions relate to Products not intended for consumers, as identified in Article 3 of Legislative Decree 206/2005. The warranty covers defects in the Products, meaning material imperfections of the thing, such as to materially affect its usability or value, relating to anomalies in the process of production, manufacture, training, or storage, and is operative within the limits and according to the conditions listed below.- Duration
ideas guarantees the Products for one year from the date of delivery. - When applying
Subject to the clarifications, exclusions or limitations set forth below, or otherwise referred to in this contract, the warranty shall apply to defects in the Products, as identified as defined in art.1490 1st paragraph of the Civil Code. - Procedures, terms and time limits for asserting the right to warranty
Upon discovery of the defect, the Customer must notify Db-Race in writing, enclosing a copy of the sales invoice and the Order Confirmation of reference and indicating the serial number (if any) of the defective goods. Notice must be received in writing by Db-Race within eight days of discovery, under penalty of forfeiture of warranty rights. The warranty claim is time-barred in one year. Any intervention by the Customer or a third party on the defective Product, unless authorized in writing by , shall constitute grounds for forfeiture of the warranty. - Exclusions and limitations
Without prejudice to what is specified elsewhere, the warranty is excluded if the defect is caused or accentuated by non-compliant use of the Product by the Customer or a third party, or by maintenance not in accordance with the manufacturer’s instructions, or by interventions of any nature, including maintenance, on the same not carried out or not authorized by Db-Race.
The warranty is also excluded:
– If documents are not attached to the notice of defect and the information required by Article 10.4 is not provided;
– Whether the Products have been installed, stored or stored in environments unsuitable to protect their quality (such as outdoor, humid, poorly ventilated environments);
– if the Products have been improperly assembled, or are found to have been tampered with, supplemented with non-original parts and components or not authorized by Db-Race, cleaned with procedures or products likely to damage them;
– in the event of damage that does not result from original production defects and/or the poor quality of the materials used but is a consequence of traumatic facts or events for the product such as, but not limited to: impacts, dents, scratches, cuts, stains caused by external factors such as dyes, solvents and cleaning products;
– For damage from wear and tear given by normal use of the Products;
– If the products are not used by those for whom they are intended and for whom they are produced. - Special warranty conditions
The following special warranty conditions apply depending on the component or material below:
Fabrics, leather and leatherette:
All materials belonging to this category, in particular white and light colors, are not guaranteed for damages that do not result from original manufacturing defects and/or poor quality of the materials used, but are the consequence of traumatic facts or events for the product, such as but not limited to: impacts, scratches, cuts, stains caused by external factors such as dyes, lacquers, cleaning products, denim fabric. Any difference in color tones that should arise in articles or Products having the same type of fabric, leather or leatherette cannot be considered as an original defect
Painted parts:
Damages that do not result from original production defects and/or the poor quality of the materials used, but are the consequence of traumatic facts or events for the product such as, but not limited to: shocks, dents, scratches, cuts, stains caused by external factors such as cleaning products, are not guaranteed. Any difference in color tones that should present articles or Products having the same type of painting cannot be considered an original defect.
Aluminum parts:
Damages that do not result from original manufacturing defects and/or the poor quality of the materials used, but are a consequence of traumatic facts or events for the product such as but not limited to: shocks, dents, scratches, cuts, stains caused by external factors such as cleaning products, are not guaranteed. Any difference in hue that may occur in articles or Products having the same type of aluminum parts cannot be considered an original defect.
Wooden parts:
Damages that do not result from original manufacturing defects and/or the poor quality of the materials used, but are the consequence of traumatic facts or events for the product such as but not limited to: shocks, dents, scratches, cuts, stains caused by external factors such as cleaning products, are not guaranteed. Any difference in hue, grain, or marks typical of wood that should present articles or Products having the same type of wood parts cannot be considered an original defect.
Electrical parts and electrical equipment (excluding neon, led, and light bulbs):
They fall under the general warranty conditions unless the damage is caused by mains voltage fluctuations that exceed the limits prescribed by EC regulations (220/240 V, 50hz, +/- 10%).
Neons, LEDs, and light bulbs:
They are not covered by the general warranty conditions,since they are consumables.
It is exclusively guaranteed that, at the time of delivery, the color temperature and color rendering parameters indicated in the specifications provided in the catalog of the main manufacturers are met. Therefore, the Customer is obliged to immediately check the components and, should he/she find any discrepancies from said specifications, he/she shall notify Db-Race in writing no later than 8 days after receipt of the goods; failing this, the Customer shall forfeit the right to assert the said discrepancy.
The normal wear and tear of the items due to use remains excluded from the warranty conditions and the Customer declares himself aware, renouncing as of now any claim in this regard, that with the passage of time neon, leds, bulbs may present color discrepancies or cease to function.
Glass and mirrors:
Damages that do not result from original production defects and/or the poor quality of the materials used, but are the consequence of traumatic facts or events for the product such as, but not limited to: impacts, dents, scratches, cuts, stains caused by external factors such as solvents or cleaning products, are not guaranteed.
Sanitary ware and ceramic parts:
Damages that do not result from original manufacturing defects and/or the poor quality of the materials used, but are the consequence of traumatic facts or events for the product such as but not limited to: impacts, dents, cracks, chipping, scratches, cuts, stains caused by external factors such as cleaning products, are not guaranteed. - Db-Race mode of intervention
ideas will examine the product and evaluate, at its sole discretion, whether or not the problem falls under the commercial warranty coverage.
Db-Race, either through its own intervention service or through an authorized service partner, upon examination of the product, will undertake replacement or repair of parts found to be defective at origin, which will be returned ex-factory. In case spare parts are requested to be sent, the transportation costs and related risk will be borne by the buyer. In any case, the provision of labor, as well as any damages suffered by the buyer, is not included in the warranties. Replaced parts will become the property of Db-Race. If the item is no longer for sale at Db-Race, Db-Race will provide a suitable replacement. It will be Db-Race’s sole discretion to determine which substitution is appropriate.
If our expertise justifies the application of the warranty, the Product will be repaired or replaced; otherwise, the repair will be carried out for a fee and no cost estimate will be communicated unless expressly requested by the Customer.
The costs of labor, disassembly, reassembly, transportation for external intervention by our Personnel, return and return of repaired or replaced products are borne by the Customer even in case of recognized warranty. - Exclusion of implicit recognition of the defect
With reference to art.1495 2nd paragraph of the Civil Code, it is clarified that the intervention of Db-Race, or person delegated or authorized by it, does not entail the recognition of the defect, but is aimed solely at the evaluation of the complaint submitted by the customer. Intervention by Db-Race, or its delegated or authorized party, in replacement or repair, similarly involves no acknowledgement, as it may have been made for the sole purpose of avoiding litigation and/or for settlement purposes.
The defect should be understood to be recognized under the law only where this is explicitly done in writing.
- Duration
- Out-of-warranty service
In the event that a customer requests out-of-warranty service from Db-Race on products supplied by Db-Race, the customer will be charged for all expenses and incidental charges that Db-Race incurs for parts, man-hours, travel, food and lodging expenses necessary to complete the service.
- Use of the site
Product descriptions and images on the site match what is made available by Db-Race. Photographs and videos of product presentations accompanying descriptive information are posted on the site for descriptive purposes, taking into account the fact that the quality of the images, including an exact display of color variants, may depend on software and computer tools used by the customer at the time of connecting to the site. Db-Race assumes no responsibility for problems caused to the customer by the use of the site and the technologies used as not dependent on its own will.
- Intellectual and industrial property rights
Db-Race informs you that the site, as well as all trademarks and distinctive signs used in connection with the sale of the proposed products, are protected by applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication, alteration or transformation, in whatever form and for whatever purpose they occur, is prohibited. Db-Race reserves the right to take legal action to protect these issues.
- Protection of personal data
Db-Race is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for data relating to the payment procedure for which we refer to the banking institutions through which the transaction takes place. For information regarding the processing of personal data, including the rights under Art. 7 of D. lgs. 196/03, please refer to the detailed information already provided when registering at db-race.com or available here.
- Electronic signature
The “validation click” constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
- Integrity of the contract
These general terms and conditions constitute the entire obligations of the parties.
No other general or particular conditions communicated by the customer shall be included in or exempt from these general conditions.
- Nullity
Should one or more provisions of these general conditions be deemed invalid or declared invalid by application of any law, regulation, or as a result of a final decision made by a competent jurisdiction, the other provisions shall retain their full force and effect.
- Communications
For any communication you can contact Db-Race at the following numbers:
Db-Race Via G.Matteotti no. 5 – 28070 Garbagna Novarese (NO)
email: info@db-race.com
- Applicable law
The sales contract between the Customer and Db-Race is concluded in Italy and governed by Italian law.