GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale apply to purchases made through the website www.geniulics.com by a Professional Buyer, hereinafter referred to as “Buyer”.
2.1. The Seller is DASA INTERNATIONAL S.r.l. with registered office in Osnago (LC), Via Guglielmo Marconi 24 - Italy, which performs its business and commercial activity and promotes the sale of products through the distance contract mechanism using the platform www.geniulics.com, in compliance with these General Terms and Conditions of Sale for Online Sales.
2.2. The Professional Buyer is a self-employed professional or legal entity that, through an appointed and authorised natural person (legal representative, employee, partner), interacts with the e-commerce platform and concludes a sales contract online while carrying out its own business and commercial activity.
2.3. User refers to the visitor to the platform who interacts with the website’s functions.
2.4. The Contract or Sales Contract is the agreement of sale for the moveable goods present on the e-commerce portal, which is concluded between the Seller and Professional Buyer as part of a system for selling through telecommunications instrument organised by the Seller.
2.5. Parties refers to the Seller and Professional Buyer.
2.6. Portal or Platform or Website refers to www.geniulics.com, managed by the Seller, which is used to conclude the online purchase contract.
3. GENERAL PROVISIONS
3.1. These General Terms and Conditions of Sale for Online Sales govern the business relationships between the Seller and the Buyer. They are an integral and substantial part of the sales contract for moveable goods that will be concluded.
3.2. These General Terms and Conditions of Sale must always be applied. Different conditions of sale dictated or called for by the Buyer may never be part of the contract between the parties, even if the Seller accepts the order.
3.3. The Buyer is aware that the General Terms and Conditions of Sale that are published on this Portal may vary. For this reason, every purchase is exclusively subject to and governed by the General Terms and Conditions of Sale in force at the time the contract is concluded.
3.4. In compliance with the law, the Parties agree that should certain provisions of these general terms and conditions of sale be declared null and void, it shall not affect the validity and effectiveness of the other provisions, which shall remain fully valid and effective.
3.5. The object of the online sales contract is any moveable material goods on the Portal www.geniulics.com that the Seller offers for sale, and the Professional Buyer intends to purchase through interaction with the aforementioned Platform, i.e., remotely using telecommunications methods.
3.6. The goods that can be purchased through this procedure are only those that can be viewed on the Portal pages. The items may only be viewed and purchased after registering on the platform.
3.7. The products that can be purchased are divided into categories on the website. The User may search for the Product using the menu on each page.
3.8. Each item on the Portal has a product sheet that provides the following: product code, image, availability, any score/rating, anticipated delivery day, as well as complete technical specifications and a description of its primary characteristics. This information will then be summarised when the User, clicking on the “cart - go to cart” icon, displays the “cart contents” and the products in it. By clicking on the “back” button, the User can access the complete product sheet for the item again before making any purchase.
3.9. The User is aware that all information provided on the Portal, and in particular the images in the product sheet, are of a general nature and are made available for information purposes only, to allow identification of the article: any images or colours of products offered for sale could be different in the actual item. Any differences may be due to the effects of the Internet browser, the monitor used, or the monitor settings (lighting, contrast), quality and type of the printer used, etc.
4. REGISTERING ON THE PORTAL
4.1. Only registered users may complete online purchases on the website.
4.2. When registering a new account, users will be asked to enter their personal data. By clicking on “My profile” in the upper right, the User will be able to check orders made, their history, and view order confirmations.
4.4. After having completed the registration on the Portal, the User will receive a confirmation email.
4.5. The User is responsible for their account, all activities performed, and orders sent through their accounts and must immediately contact the Seller in the event of stolen credentials or unauthorised access, giving evidence.
4.6. The registered User may always update their profile by accessing the personal control panel and change the address and/or personal information during the purchase process, as well as view their order history and order confirmations.
4.7. The registered User may always view the showcase of products available for purchase, their characteristics, technical information, prices, shipping methods and costs, and any other information needed to decide on purchasing as well as the history of orders sent.
5. PROCESS FOR CONCLUDING THE ONLINE SALES CONTRACT
5.1. The registered User selects the desired Product, which is then put in the cart by clicking on the “Purchase” button. Once finished adding purchases, the User must access the cart to order by clicking on the “go to cart” button.
5.2. Inside the “contents of your cart” page, the User can see the list of products in the cart and ready to be purchased, with the price analysis (per item and total).
5.3. Before proceeding with the order confirmation, the Buyer selects the delivery method from among those set forth in Art. 7.2 and the payment method from among those accepted by the Seller.
5.4. For ex works delivery requests (EXW ITALY), the Seller will prepare a special offer on the cost of transport with information on methods and times (APPROXIMATE) before the conclusion of the contract. The customer may proceed with payment of the total amount only after it has been approved.
5.5. The User may check and print the summary sheet before proceeding with confirmation.
5.6 After viewing the summary sheet, the User must click on the “Confirm” button to complete the order.
5.7. At this point, after filling out the various shipping and invoicing fields and choosing the desired payment method, the User must read the General Terms and Conditions of Sale and tick the box to declare having read, understood, and accepted the Terms of Purchase. The User may always view and consult the Terms and Conditions of Sale by clicking on the related button in the website footer or clicking on the hypertext link (I accept the terms and conditions of sale) in the text next to the checkbox.
5.8. The User must carefully read the restrictive covenants in these General Terms and Conditions of Sale (Art. 17) and click on the checkbox, declaring to have read, understood and accepted them.
5.9. After ticking the box to accept the Terms and Conditions of Sale and the restrictive covenants, the User must click on the “Buy now” button in order to proceed with the purchase. At this point, the User will receive an automatic order acceptance email containing the summary of the order. Once this email has been received, the online sales contract is considered concluded.
5.10. In the case provided for in point 5.4 (ex works delivery (EXW ITALY)), the effectiveness of the online sales contract is subject to acceptance of the offer regarding delivery costs. Failure to accept the offer within 5 (five) days is tantamount to rejection, and the contract will no longer be valid.
5.11. It is agreed that invoices will be sent and the Products will be made available for delivery after payment has been made.
6.1. The prices for the goods that can be purchased are indicated in detail on the website and can be viewed by the User under each item and in the cart.
6.2. All sales prices for products displayed and indicated on the website are expressed in Euro and are considered an offer to the public pursuant to Art. 1336 of the Italian Civil Code.
6.3. The prices indicated for each item are valid until they are changed online. The Seller reserves the right to change the prices at any time, modifying the price in both the mini-icon representing the item and in the related product sheet. The User will see the current price by navigating the Portal.
6.4. The sales prices are indicated for the individual products and do not include VAT and shipping fees.
7.1 The delivery times are not binding. Therefore, unless otherwise agreed upon in writing, the delivery date indicated is merely a prediction and is not binding for the Seller.
7.2 The Seller will supply the PRODUCTS according to the method the Buyer chooses during the purchase process, according to the following terms:
1) FOB China (the Buyer will instruct one of his carriers to collect the goods);
2) AIR FREIGHT (the Buyer will instruct one of his carriers to collect the goods at the warehouse in China);
3) Ex Works (EXW) at the SELLER’s premises located in Olgiate Molgora (Italy) – Via Pilata 46, Free on Board (FOB) China;
4) EXW China Warehouse for Chinese customers.
7.3. For ex works deliveries (EXW ITALY), the Seller will prepare a special offer on the cost of transport with information on methods and times (APPROXIMATE) before the conclusion of the contract.
7.4. Based on the chosen delivery method, the Seller will make the goods available to the Buyer’s carrier for delivery or will proceed with shipping, only after payment has been received.
7.5. All information regarding delivery times and methods are always available to be viewed by the User in the “cart contents” window, which summarises the order and is shown before completing the purchase or sending the order.
8. PAYMENT METHOD
8.1. Payment for the products offered for sale by the Seller through the Portal may be made by bank transfer. Other methods may be authorised before proceeding with the order confirmation.
8.2. Each User declares to have the full right to use the chosen payment instrument. Users must verify that the payment instruments in their possession have sufficient credit to cover all costs related to purchases.
8.3. If all or part of the sale price is not paid, including the delivery cost for ex works (EXW) transport, within four days of the conclusion of the contract under the terms and methods established in Art. 5.9, the Seller reserves the right to withdraw from the contract.
8.4. If payment is made more than four days after the conclusion of the contract, under the terms and methods established in Art. 5.9, the Seller reserves the right to fulfil the order or reimburse the payment.
9. DELIVERY TERMS FOR THE GOODS - DELAYS
9.1. Once the online sales contract has been completed, the Seller will prepare the products purchased by the User and proceed with the delivery according to the methods the Buyer has chosen from among those available in the “cart contents” window.
9.2. The Seller will inform the Buyer on the terms for preparing the order (except for products not available in the warehouse), which are valid from when the online sales contract has been completed.
9.3. The indicated delivery dates are purely estimates and are in no way binding since they can vary based on the Seller’s logistical requirements. ANY DELAYS in delivering the goods do not give the Buyer the right to terminate the online sales contract and to claim compensation and/or penalties.
9.4 If the delay attributable to the Seller exceeds 12 weeks, the Buyer may withdraw from the contract for the Products whose delivery is delayed, with ten days’ prior notice, to be communicated in writing to the Seller. Except in the case of wilful misconduct or gross negligence, any compensation for damages for non-delivery or delayed delivery of the Products is expressly excluded, and the Seller will refund the amount paid within ten days from the withdrawal.
9.5. During shipment, the goods travel at the Buyer’s risk – except in the case of the Ex Works (EXW) method to the SELLER’s factory – therefore, no liability can be charged to the Seller for any damage caused to the goods during transport or in case of theft of the products already delivered to the Carrier.
10. WARRANTIES - CLAIMS - LIABILITY
10.1. Regarding the purchases made through this website by the Professional Buyer, the warranty provided by the Seller is only related to Business2Business purchases and is valid only if the Product is used in accordance with its intended use.
10.2 Under penalty of forfeiture, the Buyer must report any hidden Product defects and faults to the Seller within and no later than 8 (eight) days from discovery, and in any case no later than 12 (twelve) months from delivery. This complaint must specify the defects detected and the products to which they refer, and must be made in writing on the “return items” page within your profile on the Portal, by filling out the form and attaching photos of the defect.
In this case, the Seller will have the choice to replace the defective Product or have a credit note issued refunding the final price paid for the individual item only, excluding transport and customs costs.
10.3 The Seller undertakes to remedy any lack of conformity of the Products that occurs within 12 (twelve) months from the date the Products are delivered to the Buyer, provided that such lack of conformity has been promptly notified to the Seller in writing within 8 (eight) days of discovery of the defect, but no later than the expiry of the previously mentioned warranty. In this case, the Seller will have the choice to replace or repair the defective Product, or parts of it, or have a credit note issued refunding the final price paid for the individual item only, excluding transport and customs costs.
10.4 The Seller must be notified in writing of any complaints regarding the packaging, quantity, number, or external characteristics of the Products (apparent defects) within 8 (eight) days from the date of receipt of the Products, under penalty of forfeiture. Also, in the event of missing products, damaged packaging, or other external defects, the Buyer shall make the appropriate reservations with the carrier.
Once eight days have passed after the Professional Buyer has received the goods, complaints on goods ordered and delivered are no longer accepted.
Complaints may be sent to email@example.com
10.5 The Seller makes no guarantee and assumes no responsibility if the Products have been stored, used, or maintained in a manner that does not comply with the indications, or in a negligent, imprudent, or incompetent manner; or if the Products have been modified or tampered with or have been used for purposes other than their regular intended use, as well as in all cases of damage caused by the Buyer, the end-user, persons attributable to them, or third parties in general for which the Seller is not responsible.
10.6 Returns will not be accepted unless authorised and approved in advance by the Seller, e.g., in the event of a defective product (the defect must be claimed within eight days of discovery).
11. USE OF THE PORTAL AND THE RESPONSIBILITIES OF THE SELLER - USERS - BUYER
11.1. The User benefits from the services offered by the shop-on-line platform at his own expense. The use of a PC and the Internet connection is also at his own expense.
11.2. The Seller is not responsible for improper use of the website by the Users, for lack of service or malfunctioning of the website and does not assume responsibility for any lack of service attributable to force majeure, in the event that it is not possible to execute the order in the time set forth in the contract.
11.3. In case of non-performance of the contract for reasons not attributable to the Seller, the Seller shall not be liable to the Buyer for damages, losses, or costs incurred, as the Buyer will be entitled to a full refund of the price paid, excluding transport and customs costs.
11.4. The Seller assumes no responsibility for any fraudulent or illegal use of credit cards and other means of payment by third parties if it can be proved that all possible precautions were taken based on ordinary diligence and the best technology and experience at the time.
11.5. The Portal is made available without any warranty or specific license. Users assume all risks related to the use of the Internet and computer applications (hardware and software), must ensure that they comply with basic computer security measures (antivirus, firewall, etc.), and must avoid downloading unsafe or dangerous material.
11.6. The Seller is not responsible and shall not be liable for any viruses, malware, or problems related to the User’s internet navigation, as they do not depend on the Seller’s actions.
12. FORCE MAJEURE
12.1. Each party may suspend the performance of its contractual obligations when it is made impossible or unreasonably onerous by an unforeseeable impediment beyond its control, such as, but not limited to: strikes, boycotts, lockouts, fires, wars, civil wars, riots and revolutions, requisitions, embargoes, power outages, delays in delivery of components or raw materials, pandemic, or computer viruses.
12.2. The party impacted by such an event who wishes to suspend the contract must notify the other party immediately of both the occurrence of the event and its end.
12.3. If the suspension due to force majeure lasts longer than six weeks, each party shall have the right to terminate the sales contract by giving ten days’ written notice.
13. CONTRACT ARCHIVING METHOD
Pursuant to Art. 12 of Italian Legislative Decree 70/2003, the Seller informs the Buyer that each order sent is stored in digital/paper form at the Seller’s premises or on the computer systems of the Seller’s service suppliers, whose relations are governed by a regular service contract.
14. PROTECTION OF PERSONAL DATA
15. APPLICABLE LAW
15.1 These general terms and conditions, along with any sales contract concluded between the Seller and Buyer, are governed by Italian law.
15.2. For topics not covered by these General Terms and Conditions of Sale, please refer to the Vienna Convention (CISG).
Any disputes arising from these general terms and conditions and/or sales contracts concluded between the Seller and Buyer will fall under the sole jurisdiction of the Court of Milan.
17. RESTRICTIVE COVENANTS
Pursuant to and for the purposes of Article 1341 of the Italian Civil Code, the Buyer declares to have carefully read these General Terms and Conditions of Sale and to approve the clauses referred to below, specifically:
Art. 10.2 (Under penalty of forfeiture, the Buyer must report any hidden Product defects and faults to the Seller within and no later than 8 (eight) days from discovery, and in any case no later than 12 (twelve) months from delivery. This complaint must specify the defects detected and the products to which they refer, and must be made in writing. In this case, the Seller will have the choice to replace the defective Product or have a credit note issued refunding the final price paid for the individual item only, excluding transport and customs costs.)
Art. 10.3 (The Seller undertakes to remedy any lack of conformity of the Products that occurs within 12 (twelve) months from the date the Products are delivered to the Buyer, provided that such lack of conformity has been promptly notified to the Seller in writing within 8 (eight) days of discovery of the defect, but no later than the expiry of the previously mentioned warranty. In this case, the Seller will have the choice to replace or repair the defective Product, or parts of it, or have a credit note issued refunding the final price paid for the individual item only, excluding transport and customs costs.)
Art. 10.4 (The Seller must be notified in writing of any complaints regarding the packaging, quantity, number, or external characteristics of the Products (apparent defects) within eight days from the date of receipt of the Products, under penalty of forfeiture. Also, in the event of missing products, damaged packaging, or other external defects, the Buyer shall make the appropriate reservations with the carrier. Once eight days have passed after the Professional Buyer has received the goods, complaints on goods ordered and delivered are no longer accepted.)
Art. 15.1. (These general terms and conditions, along with any sales contract concluded between the Seller and Buyer, are governed by Italian law.)
Art. 15.2. (For topics not covered by these General Terms and Conditions of Sale, please refer to the Vienna Convention (CISG).)
Art. 16 (Jurisdiction. Any disputes arising from these general terms and conditions and/or sales contracts concluded between the Seller and Buyer will fall under the sole jurisdiction of the Court of Milan.)