1.Definitions2.Subject Matter3.Execution of the Sale and Purchase Agreement4.Availability of Products5.Price and shipping costs6.Placement of Orders7.Methods of payment8.Shipping and delivery of Products9.Right to Withdraw10.Flaws/defects of Products11.Product Liability12.Privacy13.Errors and/or inaccuracies in the On-Line Shop14Intellectual Property15.Applicable Law16.Contacts
1. DefinitionsThe terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form.
Customer means any person or company purchasing one or more Products in the DAN Europe Store , accepting the General Conditions.
General Conditions mean these general conditions and any possible new future version which may be published on the DAN Europe Store.
Order Confirmation means the e-mail message by means of which DAN Europe informs the Customers of the acceptance of the Orders.
Sale and Purchase Agreements mean the sale and purchase agreements of the Products entered into between DAN Europe and the Customers.
DAN Europe Store means a virtual shop, managed by DAN Europe and accessible at URL www.daneurope.com where Products are available for sale.
Orders mean the purchasing orders of the Products placed by the Customers pursuant to the General Conditions and in accordance with the procedure set out under clause 6.
Parties means DAN Europe and the Customers, when jointly referred.
Price means the sale price of the Products as specified in the DAN Europe Store with reference to each Product.
Products mean the products published in the DAN Europe Store for sale.
DAN Europe means DAN Europe Service s.r.l. with registered offices in Roseto degli Abruzzi (TE) C.da Padune, 11, 64026 - ITALY
Account means the space in the MyDAN area where Customers are allowed, following authentication to: (i) monitor and update personal data and addresses where the ordered Products are to be shipped and delivered; (ii) view previous Orders; (iii) have access to any other specific function/setting concerning their activity in the DAN Europe Store.
2. Subject Matter 2.1The General Conditions apply to all the Sale and Purchase Agreements and form an essential part of the latter. 2.2DAN Europe has the right to modify the General Conditions at any time, being understood that the version of the General Conditions to be applied to the Sale and Purchase Agreements shall be the one published in the DAN Europe Store at the time the Orders are placed by the Customers. 2.3In case of conflict between the General Conditions and other possible terms and conditions applicable to the Sale and Purchase Agreements published in the DAN Europe Store, the terms and conditions more favourable to the Customers shall apply.
3. Execution of the Sale and Purchase Agreement 3.1DAN Europe undertakes to send the Order Confirmation to the Customers within 2 working days from receipt of the Orders from the Customers. 3.2Sale and Purchase Agreements are deemed entered into between the Parties at the time the Customers receive the Order Confirmation. Should Customers not receive the Order Confirmation within the term under clause 3.1, the relevant Order shall be deemed as rejected by DAN Europe and thus have no effect. 3.3By placing the Orders, Customers declare to have read all the instructions which refer to the methods of payment of Products pursuant to clause 6. and declare to have fully accepted the General Conditions and to have read all additional information available in the DAN Europe Store, including information accessible through links. 3.4The Orders will be recorded in the DAN Europe Store's database in accordance with the provisions set out by the EU Regulation n. 2016/679 EU Regulation (art. 13 and 14) and shall be accessible by the Customers by contacting DAN Europe at the contact details specified under clause 16 or by accessing the Account.
4. Availability of Products 4.1Save for the provisions under clause 4.6, DAN Europe, with reference to each Product published in the DAN Europe Store, specifies whether:(i)the Product is available at its warehouse;(ii)the Product is not available at its warehouse; 4.2The range and availability of the Products published in the DAN Europe Store may vary from time to time, being understood that this shall not cause to be deemed liable vis-à-vis the Customers. 4.3The availability of the Products indicated in the DAN Europe Store is by no means binding. Should a Product (indicated as available at the time the Order was placed by the Customer) no longer be available, DAN Europe, save for the provision set forth under clause 3.2, undertakes to inform such Customer, by email, on when the ordered Product/Products is/are expected to be available again. The Customer is entitled to withdraw the Order within 24 hours from receipt of the above communication sent by (notwithstanding the provision governing the right for withdraw under clause 9). 4.4DAN Europe has the right not to indicate the availability of the Products (or part of the Products) in the DAN Europe Store.
5. Price and shipping costs 5.1The Price is in € (euros). The prices payable for the items that the customer orders are clearly set out in the web site. If, erroneously, we have under-priced an item, DAN Europe will not be obliged to supply that item to you at the stated price, provided that we notify you of the error and obtain your acceptance of the correct price before we dispatch the item concerned. 5.2Prices are expressed exclusive of any VAT payable unless otherwise stated. Local VAT, if applicable, will be added to the order during checkout. f (for product orders only) the buyer is a VAT taxable company established outside Italy, no VAT will be charged since the VAT liability is shifted to the recipient of the product. VAT liability is shifted to the recipient in accordance with European regulations. For extra EU shipments or shipments to tax free destinations we do not add VAT to the invoice. The customer is responsible for any custom charges, import duties and local VAT charges. If a Customer refuses delivery of the parcel and the parcel returns, he/she will be responsible for any additional shipment and custom charges. 5.3The Price does not include shipping costs. Shipping costs are based on the weight/volume of the customer's order and depend on the country/region to where the goods are delivered. Note that in most cases, by adding products to your order, the overall shipping charge (average percentage on the total cost of the order) is less when ordering more products (more weight) 5.4During the checkout process, the customer can choose between different delivery options: the estimated delivery times and delivery costs are clearly stated, but any delays caused by the courier are beyond our control and responsibility. These delays might include delays due to bad weather, or custom administration. Shipping cost shall be paid by the Customers jointly with the payment of the Price according to clause 7. 5.5Any possible tax, levy, expense or other duty provided for by the laws of the country in which the Products are shipped and delivered are to be entirely borne by the Customers. 5.6Student kits can be bought by DAN Instructor, Instructor Trainers or Business Partners. By purchasing these student kits for a specific course, it does not automatically mean you can request certification cards for the students using these kits. In order to certify a student, the Instructor or Instructor Trainer must be active and certified for that course. Each student kit comes with a registration number. We are not responsible for the loss of this registration number (sticker). 5.7In some cases the Customer can obtain additional discounts (other than the regular DAN member, DAN Instructor or DAN Business Partner discounts). To benefit from these additional discounts the Customer must insert a discount code during the checkout process. These discounts are only applicable on online orders and only if the discount code was inserted during checkout. Only one voucher per order is accepted.
6. Placement of Orders 6.1In order for the Customers to place their Orders, registration at the DAN Europe Store is required; such registration may be obtained by entering the information and data indicated as 'mandatory' and by selecting a password to be used when placing the Orders and when accessing the Account any time later. 6.2The Customers may purchase the Products by selecting them in the relevant section of the DAN Europe Store dedicated to the Product category searched and putting them in the "cart". When the Products the Customers wish to purchase are more than one, the above procedure shall be repeated, by clicking on "add to your cart". Once the selection of Products is complete, the Customers will be bound to proceed with registration pursuant to clause 6.1, if not yet registered. For registered Customers, instead, authentication will be required by typing password and login in the relevant fields and clicking "proceed to check out". Once the data relating to the selected Product/s and the "shipping/delivery information" is verified, the Customers must choose among the available methods of payment provided for by clause 7. Once a method of payment is selected, the Customers may proceed to place the Orders by clicking "send".
7. Methods of payment 7.1The Customers may pay the Price (and the part of the shipping costs requested by DAN Europe as indicated under clauses 5.3 and 5.4) by means of credit card, bank wire or other methods of payment indicated by DAN Europe in the DAN Europe Store. DAN Europe has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated by DAN Europe in the DAN Europe Store at the time the Orders are placed by the Customers. 7.2If the payment is made by credit card, Customers will be charged with the Price (and with the shipping costs requested by DAN Europe as indicated under clauses 5.3 and 5.4), once the credit card data is verified and the authorization from the company issuing the credit card is received, upon the Confirmation Order being sent by DAN Europe. Credit card data entered during the ordering procedure is protected and is transmitted directly to the bank in charge of the payments. The payment is made on a safe server directly, with an SSL deciphering key so as to guarantee total safety in the transaction. The credit card data is not accessible by DAN Europe or third parties, neither at the time of placement of the Orders nor later. 7.3The payment by bank wire shall be made by the Customers using the bank details provided in the DAN Europe Store, specifying in the reason for payment the order number (including the initial letters), which DAN Europe communicated at the time the Order was placed by the Customers and in the Order Confirmation. The complete sum, free of any bank charges should be received in full before the order will be processed. Note: your order will only be processed after we receive payment. The date of receipt of payment will be considered as the day the order was received. 7.4DAN Europe shall send regular invoices with the order, by e-mail or mail on the basis of the information provided by the Customers. No amendment of the invoices shall be possible after the invoices have been issued by DAN Europe. 7.5Information received from DAN Europe pursuant to clause 7. shall be solely utilized by DAN Europe for the sake of completing all relevant sale procedures and for reimbursement procedures should Customers exercise the right of withdrawal provided for by clause 9.
8. Shipping and delivery of Products 8.1Orders will only be processed after we receive payment. The date of receipt of payment will be considered as the day the order was received. Being understood that "shipping" of Products means the delivery of the latter to the couriers selected by the Customer pursuant to clause 8.2, undertakes to ship the Products:(i)when the Products are available (as defined under clause 4): In general, if your order and payment came in before 12.00 on a working day, the order will be ready for shipment the same day or the working day after receipt of the order and payment. If the order arrived after 12.00, the order will normally be ready for shipping the next working day or on the morning of the second working day after receipt of the order and payment. On rare occasions, especially during busy periods when there is an increased request for materials, processing times can go up to 3-4 working days. If you provided us with an email when you ordered, you will receive a confirmation when the goods are ready for shipment. The courier will then pick up the goods the same day or the day after (depending on the chosen shipment option). The delivery forecast for the courier will be shown when you select the shipping method. Most couriers will also send an email with an estimated delivery date. If you have chosen a postal delivery, delivery times can be up to 3 weeks and it will not be possible to track the order once sent.(ii)should one or more Products become unavailable as in the case under clause 4.3, save for the right of Customer to withdraw the Order pursuant to clause 4.3, within 3 days from the time such Product or Products are once again available at DAN Europe's warehouses;(iii)in case the availability of one or more Products is not indicated (as in the option under clause 4.6) and the Products are available at DAN Europe's warehouses at the time of placement of the Order by the Customers:- within 3 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 if payment is made by credit card;- within 3 working days from the time the confirmation of the payment is made available if the payment is made with methods different from credit card; 8.2DAN Europe guarantees the shipment of the Products by means of postal services or express couriers selected on a case by case basis depending on the Products ordered and on the destination. The Products are shipped by DAN Europe, and delivered by the courier selected by the Customers at the address indicated by the Customers at the time of registration as under clause 6.1 or at a different address specified at the time the Order is placed. 8.3DAN Europe undertakes to use its best effort to ensure that the Products shipped pursuant to clauses 8.1 and 8.2 shall be delivered by the selected couriers, according to the estimated delivery times shown at checkout at the time of the order. 8.4The delivery terms under clause 8.3 may not, under any circumstance, be considered binding as DAN Europe is unable to directly monitor the deliveries of the selected couriers; therefore, DAN Europe cannot be held liable in case of breach of the delivery terms mentioned under clause 8.3. 8.5In order to allow the Customers to monitor the progress of the Orders, DAN Europe shall issue an Order number which, once inserted in the "Shop Order" section of your MyDAN area allows to verify all information concerning the Orders. 8.6The Customers, or authorized third parties who will be at the address indicated in the Order Confirmation at the time of delivery, are obliged to check that:(i)the Products correspond to the content of the courier's delivery slip (DDT) both as regards to the quantity and type.(ii)the parcel/package of the Products is intact, undamaged, not wet nor in any way altered even with reference to the securing material. 8.7Any damage to the parcel/packaging of the Products must be immediately claimed by the Customers by means of a comment expressing "control reserve" to be written on the courier's slip acknowledging delivery. It is understood that once the slip is signed without any claim, the Customers will not be entitled to claim any exterior defect of the delivered Products. 8.8The Products may be delivered by couriers only to the Customers or to third parties authorized by the Customers. The receiving party is obliged to sign the slip in order to certify the occurred delivery. Couriers do not deliver at postal office boxes nor by inserting the Products in letter boxes or similar.
9. Right to Withdraw 9.1The Customers who are "consumers" (i.e. private persons acting for scopes not included in any commercial, craftsman or professional activity carried out in their business), have the right, in accordance with and pursuant to article 64 of the Italian Legislative Decree n. 206 of 2005, to withdraw from the Sale and Purchase Agreement within 10 days from receipt of the Products. Customers may exercise their right to withdraw from the Sale and Purchase Agreement by sending an e-mail to DAN Europe to the address specified under clause 16. Such communication shall include:(i)the intention to exercise the right to withdraw;(ii)the details of the Order generating the Sale and Purchase Agreement from which they intend to withdraw. 9.2In case the Customers exercise the right to withdraw pursuant to this clause 9:(i)Customers undertake to return the Products within 10 working days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1;(ii)all costs connected to the return of the Products are entirely borne by the Customers;(iii)DAN Europe undertakes to reimburse the Price in the shortest time possible and, in any event, within 30 days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1, provided that:- the Products have been returned and are intact;- the original package has also been returned and is intact;- the accessory items and instructions manual, if any, are returned and are intact;- the Products have not been utilized;(iv)DAN Europe shall communicate to the Customers the methods for reimbursement of the Price and to this extent it shall be entitled to require to the Customers the relevant banking data (IBAN and name of account holder). 9.3Should the Customers not exercise the right to withdraw in accordance with terms and conditions set out under this clause 9., the Customers shall have no right to reimbursement of the Price. 9.4As an alternative to exercising the right to withdraw provided for by this clause 9., "consumer" Customers hold the option to "change product" according to the terms and conditions specified on the DAN Europe Store.
10. Flaws/defects of Products 10.1Should the Products bear a warranty from the producer (commercial/conventional warranty), any possible flaw and defect of the Products must be communicated by the Customers in accordance with the terms and conditions. 10.2"Consumer" Customers (as defined under clause 9.1) have the rights granted to the "consumers" by article 130 of Legislative Decree n.206 of 2005; such rights must be exercised in accordance to the terms provided for by article 132 of the above mentioned Decree.
11. Product LiabilityThe producer of the Products shall be liable for whatever damage caused by the Products' flaws and/or defects.This web shop (also referred to as DAN Europe Store, online shop or online product catalogue) is a source of general information and products only. DAN Europe Service SRL strongly recommends that before undertaking any form of self-treatment or before providing first aid you seek professional advice or appropriate training. None of the content of this web shop or products or any other service provided through this web shop should be relied upon as an alternative to professional medical diagnoses or professional medical treatment. DAN Europe Service SRL accepts no responsibility whatsoever for any injury or loss arising as a result of reliance on any of the content of this web shop, of the misuse of any product, or failure by anyone to have any illness or injury correctly diagnosed and treated.Except as provided in these conditions, DAN Europe Service SRL gives no assurances, guarantees, conditions or warranties (expressed or implied, by law or otherwise) of any kind whatsoever as to the benefits to be gained via the use of this site/web shop or any of the products.
12. PrivacyDAN Europe undertakes and guarantees that personal data shall be treated in accordance with the provisionset out by the EU Regulation n. 2016/679 EU Regulation (art. 13 and 14). Details referred to the treatment of data are communicated to the Customers at the time of registration as under clauses 6.1 or 6.2.
13. Errors and/or inaccuracies in the On-Line Shop 13.1DAN Europe undertakes to constantly check the DAN Europe Store in order to avoid any possible error or inaccuracy. However, it is possible that the DAN Europe Store bears, or might bear, errors, inaccuracies or oversights from time to time. 13.2DAN Europe has the right to amend the errors, inaccuracies or oversights contained in the DAN Europe Store even after an Order has been placed as well as the right to modify and update the information at any time without any prior notice to the Customers.
14. Intellectual PropertyAll intellectual property rights connected to the DAN Europe Store (including its contents) are the exclusive property of DAN Europe and/or DAN Europe Service s.r.l.; the DAN Europe Store and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilized in any way, without prior written consent from DAN Europe.
15. Applicable Law 15.1The General Conditions and the Sale and Purchase Agreements are governed by, and construed in accordance with, the laws of the Republic of Italy (in particular by Legislative Decree No. 206 of 06/09/2005 -clauses from 50 to 67 - and by Legislative Decree No. 70 of 09/04/2003 on e-commerce) and shall be interpreted accordingly. 15.2Any dispute arising from, and in connection with, the General Conditions and/or the Sale and Purchase Agreements shall be submitted to the exclusive jurisdiction of the Court of Teramo.
16. ContactsFor further information and assistance on the DAN Europe Store and/or on the methods of purchase on the DAN Europe Store and/or on the Sale and Purchase Agreements, the Customers may contact DAN Europe through our customer service or by letter at the following address:
DAN Europe Service SrlCda Padune 1164020 Montepagano Di Roseto (TE)ItalyVAT number: 00863480679Tel: +39-0858930333Fax: +39-0858930050Email: [email protected]