Privacy e trattamento dati da parte di DIRECTUS
Terms and conditions
- For commercial relations between Directus GmbH (hereinafter "the Supplier") and the Customer (hereinafter "Customer"), these terms and conditions are valid only in the version in force at the time of order. Customer terms and conditions that differ from these terms and conditions are not accepted unless expressly provided in written form by the vendor.
- The customer is a consumer if and since the purpose of the supplies and services he asked, are not to be attributed mostly to his professional commercial activity or from a freelancer. Instead, it is an entrepreneur any natural or legal person who, by concluding the contract with the supplier, acts by exercising his commercial or freelance professional activity.
Art. 2 Conclusion of the contract
- The customer can choose products from the supplier's assortment and add them to the cart via the button "in the shopping cart”. By using the "buy now" button, he makes a binding offer for the sale of products in the shopping cart. Before sending the order, the customer can change and check the data at any time. The offer can only be made and sent if the customer accepts these terms and conditions by ticking "Terms of Service", including them in their offer.
- 1The contract is concluded in English.
Art. 3 Delivery, availability of the goods
- The delivery times indicated by the supplier are calculated from the moment of confirmation of the contract, subject to the payment of the purchase price. When there are no different delivery times on the website, the delivery time is 14 days.
- If, at the time of the customer's order no copies of the products of his choice are available, the supplier will notify the customer in a timely manner with the order confirmation. If the product is not available permanently, the supplier will not issue an acceptance declaration. In such a case, the contract will not be concluded.
- If the product indicated by the customer in the order is not temporarily available, the supplier will notify the customer in a timely manner with the order confirmation.
- These are the following delivery limitations: the supplier only ships goods to customers who have their habitual residence (Address for invoice) and require shipping (shipping address) in countries belonging to the European Union.
Art. 4 Reservation of title
Until his/her payment has been completed, the delivered goods remain the property of the supplier.
Art. 5 Prices and shipping costs
- All prices on the supplier's website include VAT, effective at the time of purchase.
- Shipping costs are at customer's charge unless otherwise specified.
- The goods are shipped by courier. The risk of shipment concerns the supplier if the customer is a consumer.
Art. 6 Payment Methods
- The customer can make payment via online payment (Pay-Pal, Credit or debit card, Bank transfer) or by cash on delivery. The supplier reserves the right to exclude specific payment methods on the single case. Payments by cash or check are not possible.
- Customer may change the payment method chosen for the order form at any time.
- Payment of the purchase price is due immediately upon conclusion of the contract. If the deadline for payment is determined, the customer who fails to pay the goods within that deadline will be susceptible to arrears. In this case, the customer is obliged to pay the supplier an annual interest rate of 5 percent above the BCE rate.
- The customer's obligation to pay default interest does not exclude the right of the supplier to claim further damages.
- In case of prepayment, the customer must pay the total amount, indicating the subject of the payment, within five days after the order, on the supplier's current account. The supplier reserves the purchase object for five days.
- With the shipment of the goods the invoice will be sent via e-mail or by mail to the address indicated by the customer.
- In the event of late payment by the customer, the supplier reserves the right to claim damages for arrears (e.g. collection costs, solicitation costs and default interest).
- Compensation with supplier credits is only allowed with credits claims that are judicially recognized or uncontested.
- The supplier is responsible for defects according to the applicable law. For entrepreneurs, the warranty period for defects is 12 months.
- An additional warranty for products provided by the supplier only exists when expressly specified in the order confirmation for the specific object.
Art. 8 Responsibility
- All rights to compensation for customer's damages are excluded with the exception of the following rights: customer's rights for damages resulting from injury to life, body, health or breach of essential contractual obligations (essential obligations) as well as responsibility for other damages that result from a violation of obligations of the supplier, his legal representatives or operators with serious or gross negligence. Essential obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
- In the event of a violation of essential contractual obligations, if the damage is caused by mild blame, the supplier is only responsible for the predictable damage and typical for the contract, unless it is the customer's rights for damages resulting from a life, body or health injury.
- The limitations in paragraphs (1) and (2) above also apply to legal representatives and operators of the supplier when the rights are directly claimed against them.
- The limitations of responsibility referred to in paragraphs (1) and (2) above are not valid when the supplier pays the defect with a slight reticence or when he has given a guarantee for the quality of the good. The provisions of the Product Liability Act remain unaffected (Produkthaftungsgesetz).
Art. 9 type instructions on the recess
- Consumers who conclude a distance contract have a right of recession recognized by law, on which the supplier informs him in accordance with the legal form. Exceptions to the right of recess are set out below art. 10. In order to exercise the right of recess, the consumer is required to inform us of his decision to withdraw from this contract by means of an explicit statement (e.g. letter sent by mail, fax or e-mail). To do so, you can use the of recess form type that is found in the following art. 2, but it is not compulsory.
- The supplier informs you of the recess form according to law, as follows:
“Link form EN” return form type for returns from another EU country
Type instructions on recess and Right of recess.
You have the right to terminate the contract without giving any reasons within 14 days.
The recess period expires after 14 days from the day you or a third party, other than the carrier designated by you, acquires physical possession of the goods.
In order to comply with the term of recess, it is sufficient that you send a notice regarding the exercise of the right of recess before the expiry of the recess period.
Effects of recess.
If you withdraw from this contract, all payments you made to us, will be refunded, including delivery costs (except for the additional costs arising from your choice of a delivery type other than the least expensive standard delivery type from we offered), without undue delay and, in any case, not later than 14 days from the day we are informed of your decision to terminate this contract. These refunds will be made using the same payment method you have used for the initial transaction, unless you have expressly agreed otherwise; in any case, it will not have to bear any cost as a consequence of such redemption.
Refund may be suspended until receipt of the goods or until the customer demonstrates that he has returned the goods. You are required to return the goods or deliver them to us without undue delay and in any case within 14 days from the date on which you have notified us of your recess from this contract. The term is respected if you return the goods before the expiration of the 14-day period. The direct costs of returning the goods will be yours. You are responsible for the diminution of the value of the goods resulting from improper use of the goods.
Art. 10 Exclusion of the right of early withdrawal / extinction of the right of withdrawal
1. The right of withdrawal does not exist relatively to contracts for:
- the supply of non-prefabricated goods for the production of which a consumer's choice or will (customized) or clearly customized according to the personal needs of the consumer
- the supply of goods that are likely to deteriorate or expire rapidly
- the supply of goods which after their delivery are, by their nature, inseparably blended with other goods
- the supply of sealed audio or video recordings or sealed computer software that was opened after delivery
Art. 11 Online dispute resolution information and regarding the participation in the conciliation procedure
Since February 15, 2016, the European Commission has been providing a platform for online disputes over the out-of-court settlement. It gives consumers the possibility to resolve any disputes regarding their online order without initiating formal legal proceedings. The online dispute resolution platform is accessible via the external link: http://ec.europa.eu/consumers/odr/
Art. 12 Jurisdiction, applicable law, final provisions
- The contract between the supplier and the customer is governed by the law of the Federal Republic of Germany excluding the right to purchase as provided for by the Vienna Convention of 11 April 1980 (CISG). The legal provisions regarding the limitation of the choice of applicable law and with regard to the application of indispensable provisions, especially of the State in which the consumer customer has his habitual residence, remain firm.
- The competent court is the one responsible for Directus GmbH's registered office.
- In the case of legal invalidity of individual provisions of the contract only valid parts are considered binding. The invalid provisions are replaced by the law. If this were not the case, an unjustified burden would be imposed on one of the parties to the contract and the whole contract would be considered ineffective.
- The German version of these terms and conditions prevails.