Conditions générale de vente

Conditions générale de vente

List of Contents


Introduction

It is important that you read these Terms and Conditions carefully. Together with our Privacy Policy, they govern our relationship with you in relation to this website and your purchase of goods from it. This website is operated by Duerre Tubi Style S.p.A., Via Taruffi 16, Maranello (MO), 41053 (hereafter « DTS ») Telephone number: +39 0536 1844 100, e-mail address: info@tubistyle.it.

All references herein to « DTS », « we » and « our » are references to Duerre Tubi Style.

Your use of this site and the information available on this site is subject to the Terms and Conditions set out below and by using this site you are acknowledging your consent to them. If you do not accept these Terms and Conditions in full, you must stop using this website immediate

DTS in its sole discretion reserves the right to change these Terms and Conditions at any time without notice. Any changes will be posted here.

We have made every effort to ensure the accuracy of the information contained in this site. Also, we are constantly seeking ways to improve the specification, design and production of our products and services and alterations take place continually. Whilst every effort is made to produce up to date products and specifications, this site should not be regarded as an infallible guide to our products and services.

Distributors and Dealers are not our agents and have absolutely no authority to bind us by any express or implied undertaking or representation.

This web site is available only in English and Italian, however you can use a browser like Google Chrome which has a translate feature, all enquiries should be submitted in English or Italian where possible and will only be replied to in English or Italian.

Any reference in this site to speed or performance should not be taken as an encouragement to drive either dangerously or at speeds in excess of national limits.

No contract shall exist between you and DTS for the sale of any product unless and until you have received confirmation of your order from us. Once the confirmation has been received, there will be a legally binding contract between us.

DTS reserves the right to make any changes in the specification in the Goods which are required to conform with any applicable safety or other statutory requirements and, where the Goods are to be supplied to the Company’s specification, which do not materially affect their quality or performance.

Except where DTS has given advice or recommendations in writing as to the suitability of any Goods, the Customer relies solely on his own skill and judgment as to the suitability for any purpose of the Goods to be supplied by the Company.


Price

The price you pay for DTS products is the price shown on the web page and which excludes UK V.A.T. initially but is included in the order summary (where applicable) unless otherwise stated.

The price you pay for DTS collected is the price shown on the web page, plus the local country tax, unless otherwise stated.

The price you pay for DTS shipped direct, is the price shown on the web page plus additional packing, carriage and insurance charges as appropriate and are subject to Italian V.A.T. (where applicable)

We are charged with trying to keep parts availability high and we reserve the right to apply a surcharge to any part at any time to assist in continuity of supply.

DTS reserves the right to change prices listed without prior notice. All orders for products are subject to availability and DTS reserves the right to decline to supply any individual or company.

Prices online may differ from those elsewhere.


Payment

All payments must be made before goods are despatched. We accept payment by all major debit and credit cards.

It is your responsibility to ensure that the payment details you provide are correct and complete. We are not responsible for supplying goods if the details you submit when making your order are incorrect or incomplete. We are not responsible for any delays in delivery due to the supply of incorrect payment of address details.

No payment will be deemed to have been made until we have cleared funds and we will not dispatch the goods until we receive payment in full. If we are unable to accept your order for any reason then we will at our option, either not debit your credit card or refund any money paid by you in respect of that order.

Title of Goods shall remain with DTS and shall not pass to the Customer until the full price due in respect of Goods supplied under this or any other contract including any credit facilities is paid in full and cleared funds received.


If you change your mind

When ordering from DTS, you may cancel your order for any reason at any time up to the point of despatch and a refund will be made for any payments already received by DTS. If you have already received the goods, then they should be returned within 7 days, at your own cost. For full details see our Returns Policy.


Availability

From time to time, products on this site may not be in stock. If a product is out of stock, we will contact you and advise you of the delivery date before processing your order.


Delivery

We will deliver the product(s) you ordered, via DTS to the address that you gave for delivery via our shipping partner – see Shipping.

MCL will endeavour to deliver the product(s) to you as soon as possible, via the cheapest possible method, unless otherwise instructed in writing at the time of ordering.

Delivery/shipping costs will be clarified by DTS prior to the order being despatched.

Should there be any additional charges that were not originally estimated or shown on the order summary DTS will contact customers prior to products being despatched

Prior to the anticipated delivery of any Goods from DTS, the Customer shall obtain all consents licences and permissions which are required for the export of the Goods from Italy and/or the transport to and import into the country or place where the Goods are to be delivered, in the event that any such consents, licences or permissions are not obtained prior to the anticipated date of delivery, the same shall not in any way relieve the Customer of its obligations to pay for the Goods but the Customer shall forthwith notify DTS in writing of the failure to obtain the same and (notwithstanding any other terms in this or any other contracts relating to the Goods) the Company shall be deemed to have made complete delivery when such Goods are available for collection ex-works from the Company’s premises.


Risk & Title

The risk in the Goods shall pass to the Customer (notwithstanding that the property may not have been passed to him) on the earlier of the following:

Where delivery is to be ex-works, as soon as the Goods are made available to the Customer ex-works or where DTS agrees to arrange for delivery of the Goods, in the case of delivery by post, as soon as the Goods are placed in the postal system or, in the case of delivery by any other form of carriage, as soon as the Goods are received by the carrier.

The property in the Goods shall remain in the Company and shall not pass to the Customer until the Customer shall have paid the full price due in respect of Goods supplied under this or any other contract.

If payment for Goods supplied under this or any other contract between MCL and the Customer is overdue, or if any act proceeding involving the Customer’s solvency is commenced, DTS may (without prejudice to any of its other rights) repossess the Goods as it sees fit and may enter upon the Customer’s premises by its servants or agents for that purpose.

The benefit and/or proceeds of any dealings with the Goods by the Customer in contravention of DTS’s rights shall be held in trust for DTS and any such proceeds shall be paid by the Customer into a separate bank account in the name of the Dueerre Tubi Style

DTS shall have a general lien over all property of the Customer in possession of DTS for all debts from such Customer howsoever and wherever arising.


Returns

DTS hopes that all of its customers are happy with their purchases. If the product(s) DTS supply are not what you ordered or are defective or damaged, please refer to our Returns policy.


Warranty

Our guarantee applies only where purchased goods have been used solely for the intended purpose.

During the warranty please contact us immediately, should any problem occur. We will then advise you, before replacing the failed component, as to the best course of action.

For more information please see Warranty Policy.


Sellers Guarantee of Goods

Our guarantee of the Goods is subject to the following:

(a) Our descriptions of spare parts are intended as a guide only and do not necessarily correspond with the descriptions used by vehicle manufacturers.

(b) Some vehicles may, on first sale, have been sold with experimental rather than standard parts fitted.

(c) With the passage of time since first sale, the original parts of a vehicle may have been replaced with items that differ from the original parts and may not be compatible with the Goods We supply.

It is, therefore, your responsibility to check that Goods are the correct part for any vehicle to which they are to be fitted or installed before such fitting or installation takes place. It is also your responsibility to ensure that the Goods are fitted or installed with due care and skill, whether by you or a professional fitter/installer.

We guarantee that on delivery and for a period of 12 months from delivery (Warranty Period), the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 1.0 below

1.0 This guarantee does not apply to any defect in the Goods arising from:

(a) Fair wear and tear;

(b) Wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) Failure to operate or use the Goods in accordance with the user instructions;

(d) Any alteration or repair by you or by a third party who is not a manufacturer authorised repairer.

(e) Any specification provided by you;

(f) Incorrect fitting or installation;

(g) Failure to follow Our or the manufacturer’s instructions or recommendations as to fitting, installation, use, maintenance, storage, or (if there are none) good practice;

(h) A fault to the vehicle to which the Goods are fitted or installed;

(i) Your failure to comply with your responsibilities under clause 6.1; or

(j) Any attempt by you to rectify or repair the Goods.

Below is subject to points above, if:

a) You give notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with our terms of warranty.

(b) We are given a reasonable opportunity of examining such Goods; and

(c) You (if asked to do so by us) return such Goods to us or if they cannot be returned and delivered to us, provide us with detailed photographic evidence of the alleged defect, we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

If you are a consumer, the guarantee in above is in addition to your statutory legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.


Force Majeure

DTS will not be liable to you in the event that it is prevented by circumstances beyond its control from delivering any product which you have ordered or for any damaged or defective goods.


Validity

If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.


Governing Law

The contract between DTS and the Customer shall be governed exclusively by Italian law.

Any dispute between the MCL and the Customer arising in any way in connection with the contract between them shall be determined in the first place in the manner, if any, provided in these conditions for resolution of such disputes in any other case by reference to arbitration under the provisions of the Arbitration Acts 1950-1979 and award of such arbitrator shall be a condition precedent to either party to sue the other except for an action by MCL for debts due from the Customer.


Customer Services

If you have any comments with regards to service you’ve received from us online use our Contact us page.


Disclaimer

We try to ensure that information on our site is accurate, complete and up-to-date. However, in using this site you agree to be bound by these Terms & Conditions, which take effect on the date when you first use the site.

Without prejudice to your statutory rights, the site and all information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided ‘AS IS’ and on an ‘IS AVAILABLE’ basis without representation warranty or endorsement, express or implied.

The information, specification, and colours on this website may vary from market to market and are subject to change without notice.

We do not warrant or represent the accuracy or completeness of information provided on the site nor do we guarantee that use of this site will be uninterrupted or error-free, or that the site and its servers are free of computer viruses or bugs.

In no event will we be liable to any person for any damage or loss that may arise from the use of any information contained in our site or products displayed on our site, including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or any other action, arising out of or in connection with the use of the site.

Notwithstanding anything else in these Terms & Conditions, we will not be liable for claims relating to the functionality or availability of this site.


External Links

We do not represent, warrant, endorse or hold responsibility over any external sites that may be linked to or from this site. Any external site that you visit by clicking through a link on this site is outside of our control and you visit entirely at your own risk.


Software Disclaimer

Software downloads from this site have been thoroughly scanned and tested at all stages of production but, as with all downloaded software, we still recommend that you run a virus checker before use.

We also recommend that you have an up-to-date backup of your hard disk before using the software. We cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software. Consult your network administrator before installing any software on a networked computer.


Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of Italy. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Italy.

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, it shall be severed and deleted from this clause. All other Terms of Use and Terms & Conditions shall remain in full force and continue to be binding and enforceable.


Website Availability

We cannot promise that this website will be uninterrupted, free of errors, bugs or viruses and we will not be liable if, for any reason, this website is unavailable at any time or for any computer virus or system failure. Access may be suspended at any time without prior notice being given.


Copyrights

Copyright 2020 DTS. All Rights Reserved. The DTS logo and all text, images, graphics, sound files, animation files, and video files specifically representing DTS and their arrangement on DTS internet sites, are all subject to Copyright and other intellectual property protection. DTS internet sites may also contain material that is subject to the copyright rights of their providers; vehicle manufacturers for example. No person may copy, modify, transmit, distribute, display, reproduce, publish, license or create works from any material, on any part of this website, or otherwise use it for any public or commercial use without the prior express written permission of Sytner Group Limited.


Product/Service Information

The information on DTS internet sites is intended for use only by Italy residents from within Italy. The information and other materials contained in this website may not satisfy the laws in countries outside Italy. If you choose to access this website from outside Italy you are responsible for ascertaining to what extent local laws are applicable and compliance with local laws. Any telephone numbers and charges shown only apply to calls made from within Italy.

Some of the product information, illustrations and images contained on DTS internet sites, may have been prepared for generic use by our manufacturer partners, potentially in different countries around the world. DTS holds no liability for vehicle specifications that are no longer available or not available in this country.

Whilst every effort has been taken to ensure accuracy of product and service information, some inaccuracies may occur. It is important that you do not rely on this information but check with a DTS dealership, about any items which may affect your decision to purchase a product or service. DTS accepts no liability for loss or damage resulting from errors or misleading information.

All prices are current at the time of publication and subject to change without notice.

These website terms should be read in conjunction with the separate terms and conditions for the sale or supply of the individual products or services which are referred to on this website. In the event of any inconsistency between these terms and the specific product or service terms and conditions, the latter shall prevail.

Always check directly with the providing DTS dealership, of the terms on which any product or service is supplied before making any commitment.


No Warranties or Representations

DTS sites and the information, images, materials and other content shown on these sites, is provided without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to; any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded.

Without limitation to the foregoing, although we take care to ensure that the information, images, materials and other content provided on DTS internet sites is accurate, we give no warranties of any kind, express or implied, that they are accurate, complete or up to date. You should not rely on the information to make any decision or take any action. DTS shall not accept any liability for the accuracy or completeness of the information contained in this website or for any reliance placed by any person on the information.

In no circumstances will DTS be liable for any losses sustained and arising out of or in connection with use of this website, or any site accessed from this website including, but not limited to, loss of profits, loss of data or loss of goodwill (whether direct or indirect), nor any economic, consequential, indirect or special loss.

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