1.1 All the offers, orders and agreements concluded by D'Romerio are only subject to these General Sales Conditions and excludes any other general terms and conditions.
1.2 The acceptance of an offer or the making of an order implies that you accept the applicability of these Terms and Conditions.
1.3 That stated in these Terms and Conditions can only be deviated form in writing, in which case the other provisions will remain applicable in full.
1.4 All the rights and claims as stated in these Terms and Conditions and in any future agreements that are agreed in respect of D'Romerio, are also agreed for the intermediaries and other third parties engaged by D'Romerio.
ARTICLE 2. OFFERS/AGREEMENTS.
2.1 All the offers of D'Romerio are free of obligation and D'Romerio explicitly retains the right to change the prices; price changes can be caused by:
- Changes in (legal) requirements or rates.
- Changes in exchange rates.
- Design or material adjustments.
2.2 An agreement is only concluded upon acceptance of your order by D'Romerio. D'Romerio is authorised to refuse an order or to impose certain conditions to the delivery unless otherwise is explicitly stated. If an order is not accepted, D'Romerio will inform you of this within ten (10) days upon receipt of the order.
ARTICLE 3. PRICES AND PAYMENTS.
3.1 The quotes are free of obligation within the meaning that they are based on the manufacturing prices, foreign exchange rates, excise fees and any similar levies, insurance rates, freight, taxes, margin arrangements and other factors as they apply at that moment. If one or more of the above mentioned factors change before the delivery has taken place, we are authorised to adjust the listed prices within reason. Unless otherwise is stated, our prices are perpiece and excluding VAT and other government levies imposed on the sale and delivery. The listed prices are in euro and excluding VAT unless otherwise is explicitly stated. No rights may be derived from the listed prices.
3.2 The payment must take place no later than on the delivery of the goods without discounts and/or compensation unless otherwise is explicitly agreed.
3.3 Payment can also be made by depositing the total amount into our bank account before delivery. The goods will be sent upon receipt of the payment.
3.4 If the payment is not made, regardless of the reason, and we have forwarded the claim to a debt collection agency, then all the costs resulting thereof are payable by the customer with a minimum of 15% of the total amount. In any event you must pay the statutory delayed interest of 3% per month on the outstanding amount.
3.5 If the prices for the offered products rise in the period between the order being made and the execution thereof, you are authorised to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by D'Romerio.
ARTICLE 4. DELIVERY.
4.1 The delivery can usually take place within two (2) working days to ten (10) working weeks, depending on the stock position. You will be informed of the delivery time and it will, if possible, be adjusted to suit your requirements. The delivery times indicated by us are only an estimate, unless we have explicitly guaranteed a certain delivery period in writing.
4.2 If we cannot deliver the products due to the absence and/or other reasons, we will invoice additional freight and storage costs.
4.3 The delivery of the products will take place behind the first door on the ground floor unless otherwise is agreed in writing.
4.4 Special offer items are subject to a different transport regime. If you would like to have such an item delivered, please contact D'Romerio.
4.5 Except in cases where we have granted a guarantee, the compliance of the indicated delivery times depends on our means. In the event of a force majeure or other circumstances of such a nature that we cannot reasonably be expected to comply with the transaction, including when we are unable to deliver due to our own suppliers, then the delivery time will be extended by a duration equal to that of the duration of the circumstances in question.
Notwithstanding gross negligence on our side, the exceeding of the delivery time does not entitle the customer to partially or fully dissolve the transaction, nor to a payment of damages.
4.6 If the delivery did not take place within six months after the transaction was concluded, we and the customer are authorised to cancel the order. That right also arises if the transaction has already been partially performed.
We are authorised to deliver the goods in one or in multiple deliveries depending on the availability of the goods. If we deliver the order in parts, we are authorised to demand payment for each partial delivery pursuant to the relevant payment conditions. Notwithstanding the foregoing stated under 7, the purchased goods of transactions on demand are divided in equal quantities and periods over the time determined for the purchase, to the extent possible; if this is not done, then the customer is in default without requiring a summons or notice of default, which authorises us to that stated under 5 and 6.
ARTICLE 5. RETENTION OF TITLE.
5.1 The delivered goods will only become your property if you have complied with all that agreed on the basis of any agreement concluded with D'Romerio. The risk regarding the products will be transferred to you upon delivery.
ARTICLE 6. COMPLAINTS AND LIABILITY.
6.1 You are obliged to inspect the products upon delivery to see if they are in accordance with that stated in the agreement.
6.2 If it has been proven that the products are not in accordance with that stated in the agreement, D'Romerio can decide to have the products in question replaced by new products or to refund the invoice value of the products.
6.3 If you decide not to purchase the product for whatever reason, you are entitled to return the product within eight (8) days after delivery to D'Romerio. Returned items will in that case only be accepted if the packaging of the product is undamaged, whereby the costs of returning the items are payable by the customer. The costs for the return deliveries amount to 20% of the value of the goods, with a minimum of EUR 50 per consignment.
ARTICLE 7. ORDERS/COMMUNICATION.
7.1 D'Romerio is not liable for misunderstanding, damage, delays on orders or notifications that have not been correctly received as a result of the use of the internet or any other means of communication in the traffic between you and D'Romerio, or between D'Romerio and third parties insofar as they relate to the relationship between you and D'Romerio, unless and insofar as this involves intent or gross negligence of D'Romerio.
ARTICLE 8. FORCE MAJEURE.
8.1 Notwithstanding its other rights, D'Romerio is authorised in the event of a force majeure, to decide to either suspend the order or to dissolve the agreement without legal intervention, by informing you thereof in writing and without D'Romerio being liable to payment of damages, unless this would be unacceptable given the circumstances and pursuant to conditions of reason and fairness.
8.2 A force majeure is defined as each shortcoming that cannot be attributed to D'Romerio, as it cannot be considered its fault, also pursuant to the law, legal act or the generally prevailing opinion.
ARTICLE 9. GUARANTEE.
9.1 All the delivered goods have a 24-month guarantee. The repaired parts or replacing products are delivered by D'Romario on an exchange basis and are either new or refurbished. All the refurbished products have been tested to ensure that they operate like new products. This guarantee only applies to the original end user of the product during the time the original end user owns the product. The guarantee is non-transferable. In order to make claims under the guarantee, you must submit the original invoice.
9.2 The guarantee is cancelled in the event of:
- Inexpert use of the delivered products.
- The non-compliance to the instructions.
- Wear and tear due to the use of the delivered products.
- Unauthorised disassembly, repair or modification.
- Damage for which an insurance policy could have been taken out.
9.3 The guarantee is granted on parts, not on man hours.
9.4 In the event of a guarantee, D'Romerio can make a replacing product available temporarily, but is never obliged to do so.
THE ABOVE IS THE COMPLETE GUARANTEE DESCRIPTION FOR PRODUCTS OF D'ROMERIO AND REPLACES ANY OTHER ORAL OR WRITTEN GUARANTEE AND/OR DESCRIPTION. D'ROMERIO PROVIDES NO OTHER GUARANTEES FOR D'ROMERIO PRODUCTS THAN THAT DESCRIBED ABOVE AND HEREBY EXPLICITLY EXCLUDES ANY OTHER CLAIMS, INCLUDING, INSOFAR PERMITTED BY THE RELEVANT LEGISLATION, ANY GUARANTEE CLAIM ARISING FROM NATIONAL, PROVINCIAL OR LOCAL RULES AND LEGISLATION INCLUDING, BUT NOT LIMITED TO, ANY IMPLICIT CLAIM DUE TO THE VIOLATION OF RIGHTS, SALEABILITY OR SUITABILITY FOR A CERTAIN PURPOSE. ALL GUARANTEES, EXPLICIT AND IMPLICIT, ARE LIMITED TO THE TIME PERIODS AS STATED ABOVE. IN SOME LEGAL AREAS THE EXCLUSION OR TIME LIMITATION OF IMPLICIT CLAIM ARE PROHIBITED. THE ABOVE LIMITATIONS ARE THEREFORE POSSIBLY NOT APPLICABLE TO YOU.
THE TOTAL LIABILITY OF D'ROMERIO WITH REGARD TO THIS OR ANY OTHER GUARANTEE PROVISION, EXPLICIT OR IMPLICIT, IS LIMITED TO REPAIR, REPLACEMENT OR REPAYMENT. REPAIR, REPLACEMENT OR REPAYMENT ARE THE ONLY AND EXCLUSIVE SOLUTIONS FOR THE SCOPE OF THE GUARANTEE OR OF ANY OTHER LEGAL THEORY. WITHIN THE LIMITS OF THE RELEVANT LEGISLATION D'ROMERIO CAN NEVER BE HELD LIABLE BY THE PURCHASER OR USER FOR ANY DAMAGE, COSTS, LOSS OF DATE, LOSS OF INCOME, LOSS OF SAVINGS OR ANY OTHER DIRECT OR SUBSEQUENT DAMAGE RESULTING FROM THE PURCHASE, NOT EVEN IF D'ROMERIO WAS INFORMED BEFOREHAND OF THE POSSIBLE CHANCE OF SUCH DAMAGE.
THIS LIMITED GUARANTEE GRANTS YOU SPECIFIC LEGAL RIGHTS; IT IS POSSIBLE THAT YOU ALSO HOLD OTHER RIGHTS, DEPENDING ON THE LEGAL AREA.
ARTICLE 10. SIZES, WEIGHTS, DRAWINGS, IMAGES AND TECHNICAL DETAILS.
10.1 The sizes, weights, technical details and shown drawings, and images shown in our offers, catalogues, stock lists, newsletters and other advertising material are only indicative and are free of obligation, unless we provide an explicit written guarantee.
10.2 The copyright on the images, drawings, graphs and designs made available by us or generally published by us are exclusively owned by us, regardless of whether costs were invoiced or not. These publications or their content cannot, partly or fully, be made available to third parties in any way.
ARTICLE 11. VARIOUS
11.1 Should D'Romerio, for a shorter or longer period, silently or otherwise permit the deviation of these Terms and Conditions, this does not prejudice its right to demand the direct and strict compliance of these Terms and Conditions. You can never impose any right based on the fact that D'Romerio applies a flexible application of these Terms and Conditions.
11.2 If one or more of these provisions of these Terms and Conditions or any other agreement of D'Romerio violates any applicable legal requirement, the relevant provision will be cancelled and replaced by a new legally permissible provision to be determined by D'Romerio of a similar content.
11.3 D'Romerio is authorised to engage the services of third parties in the performance of your order(s).
11.4 As D'Romerio is in no way involved in the processing of the supplied goods, D'Romerio is in no way liable for direct or indirect damage arising from this processing.
11.5 The goods delivered by D'Romerio operate under the influence of fluctuations in the temperature and/or relative air humidity. Damage arising from a temperature, relative air humidity that is structurally too high or too low is not our responsibility and will therefore not be eligible for payment of damage.
11.6 All the rights, obligations, offers, orders and agreements that are subject to these Terms and Conditions, including these Terms and Conditions, are exclusively subject to United Kingdom jurisdiction.
11.7 Any dispute arising between the parties will exclusively be brought before the competent court in the United Kingdom.
11.8 Products and materials can deviate from the pictures shown, no rights can be derived from this.
