GENERAL SALES CONDITIONS
GDPR POLICY
THE GENERAL CONDITIONS OF SALE ARE APPLIED TO ALL CONTRACTS
Sales confirmation
The confirmation of sale is based on these general conditions that the Buyer is required to read and return countersigned for acceptance. Any non-acceptance must be communicated within 3 working days of receipt of the confirmation by e-mail, fax or ordinary mail and may result in the cancellation of the same if no agreement is found. After this deadline any dispute to the conditions will not be taken into consideration and any requests for cancellation of the order will be examined individually and will be possible only after production has not yet taken place or raw material not yet purchased. Once the 3-day deadline has expired, all uncontested confirmations will be considered approved by tacit consent.
DG Trade s.r.l. is not required to inform the customer of any changes if they fall within the general limits or otherwise agreed. The Buyer must make its payments based on the invoiced amount, therefore actual, and not on the confirmed one.
Delivery
The delivery times shown on the sales confirmations are to be considered indicative. Delays due to force majeure (staff and/or transport strikes, electricity limitations, natural disasters, plant failures, delays in the supply of raw materials) cannot be attributed to DG Trade s.r.l. A delay in the delivery may not in any case lead to a cancellation of the order.
Terms of return
The conditions of supply and transport are based on the INCOTERMS ICC 2010 as indicated in each order confirmation. DG Trade s.r.l. is not responsible for damages that have emerged after the delivery of the goods to the Carrier. The weight valid for the purposes of invoicing is always the one detected at the start. Once the material is ready, the Buyer will be informed and you must proceed with the taking over within a maximum of 15 days from the notification of avaiability. After this deadline DG Trade s.r.l. has the right to ship the goods with its own carrier and charge the transport costs to the Buyer.
Prices
Prices are usually quoted in euros (€) per agreed unit of measurement net of tax charges. Transactions with foreign countries can be confirmed and invoiced in foreign currency. Depending on the agreed INCOTERMS conditions of carriage, the price may or may not include transport costs. In case of orders received without prior offer or negotiation, DG Trade s.r.l. reserves the right to check and possibly update the price and conditions ordered by the Buyer.
Packaging
Packaging costs, if not invoiced separately as a result of agreements made at the time of the offer, are to be considered included in the sale price.
Payment terms
The terms of payment must be agreed between the Seller and the Buyer. DG Trade s.r.l. reserves the right to appoint persons responsible for carrying out investigations on the financial situation and liquidity of potential or already acquired Buyers in order to define the safest and most suitable payment method. The Buyer is required to pay in full the invoiced amount even in the event of disputes arising from an invoice already issued. Please consider that the management of complaints and disputes must take place separately and must not in any way block, defer or modify payments. If the Buyer is bound to pay in advance, DG Trade s.r.l. will ship the material only after payment. In the event of non-fulfillment or delay by the buyer even in the payment of a single installment, the contract will be considered automatically terminated and the seller will return to the possession of the goods covered by this purchase contract, retaining what has already been received as compensation, except for compensation for the greater damage suffered.The agreed amount will be to be paid at the registered office and elected domicile of DG Trade s.r.l. Contrà S.Marco, 39 – 36100 Vicenza
Retention of title
The goods remain the property of DG Trade s.r.l.. until the payment of the entire supply and until the resolution of any complaint, in particular those concerning the balance of payments due to DG Trade s.r.l. in relation to the relationships that have occurred. The retention of title extends to the products sold by the buyer to third parties and at the price of such sales.
Complaints and returns
DG Trade s.r.l. guarantees material corresponding to the characteristics and conditions specified in the sales confirmation, without any responsibility for the use for which the product is intended and subsequent processing. Each return of goods must be agreed with DG Trade s.r.l. which will quickly examine the reasons and actual needs for a return. The purchaser will submit the goods to a control, immediately after he has received them. A complain will only be admissible when it is formulated in writing within a period of 3 days after delivery of the goods. At the expiry of this period all eventual complaints will be refused for reason of “out of time” and “unfounded”, without the buyer being entitled to compensation.Each return of goods must be agreed with DG Trade s.r.l. which will quickly examine the reasons and actual needs for a return. For all material classified as "second choice" we can not accept any type of dispute.
Disputes
All disputes arising from or in connection with this contract, will be resolved by arbitration according to the rules of the National and International Arbitration Chamber of Milan, by a single arbitrator, appointed in accordance with these rules. The arbitrator will judge according to Italian law.
The seat of the arbitration will be Vicenza. The language of the arbitration shall be Italian.
PRIVACY
PRIVACY POLICY under GDPR 679/2016
DG Trade Srl pursuant to articles 4 and 28 of legislative decree 30 June 2003, n. 196 - Privacy Code (hereinafter "Code") and articles 4, n. 7 and 24 of EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (hereinafter referred to as "Regulation") pursuant to art. 13 of the Code and the Regulation informs you that for the establishment and execution of the relations with you in progress is in possession of personal data (personal and tax), acquired also verbally directly or through third parties, related to you.
In order to comply with the obligations of the Code and the Community regulations on Privacy in relation to your data, we invite you to take note of the following information and to give your consent to the processing of personal data that our company will possess.
The General Data Protection Regulation (or GDPR for short) is a positive step towards people having more control over how personal data is used. On 25 May 2018 this new legislation comes into force, and we have amended several processes and policies to prepare our business. We are committed to protecting and respecting the personal information that is shared with us. This statement describes what types of information we collect, how it is used, how we share it with other organizations, how rights about the information we hold can be exercised, and how you can contact our reality. As far as direct marketing communications are concerned, you can always tell us to stop such activities. We will never send "unwanted" emails or communications and we will not share the data with anyone else. We do not resell information to third parties, but we work closely with selected partners who help us provide the information, products and services that are requested.
1.KIND OF INFORMATION WE COLLECT
We collect personal information through the site, applications or direct contact. We only collect information that is necessary, relevant and appropriate to the purpose for which it is provided. The information we collect includes some or all the following:
2.HOW WE USE THE INFORMATION COLLECTED
Only the information necessary for the purpose for which it was collected is processed. The treatment is realized by means of the operations or complex of operations indicated by art. 4 comma 1 lett.a) T.U.: collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, blocking, communication, deletion and destruction of data. The data will be processed in writing and/ or on magnetic, electronic or telematic, even when the data are communicated to the subjects indicated in this statement who in turn are committed to treat them using only methods and procedures strictly necessary for the specific purposes of data processing and legal basis. The processing is carried out by persons in charge and collaborators within the respective functions and in accordance with the instructions received, always and only for the achievement of the specific purposes scrupulously respecting the principles of confidentiality and security required by the law indicated above. Personal data are used exclusively for the purposes and legal bases indicated in the following table:
-Processing legal bases for processing. We may use and process personal information where this is necessary to perform a contract and to fulfill and complete orders, purchases and other transactions with you and for contractual performance analysis.
-Provide product technical support.
-Provide user training and certifications to customers.
-Manage the relationship, including order processing and delivery of the requested product or service or vice versa with suppliers. Processing is necessary for the creation of the contract.
-Provide information about our reality and its products and services and provide newsletters or updates via email to the user;
-To inform you about special offers and products or services that may interest you. Your consent - which can be withdrawn at any time.
-Measure the interest of customers and suppliers and improve our products, services and website.
-Provide information, products or services requested.
-To fulfill the obligations arising from any contracts entered.
-Help provide the highest level of customer care.
-Processing is necessary to support legitimate business interests in the management of our business.
-Please note that you have the right to object to the processing of personal data carried out for our legitimate interest. You have the right to object at any time remains assured.
For the prevention and detection of fraud, money laundering or other crimes or for the purpose of responding to a binding request from a public authority or court. Processing is necessary to comply with legal and regulatory obligations. We may need to process your personal information to contact you in the event of an urgent security alert. In rare cases of Vital Interest.
3.HOW WE SHARE THIS INFORMATION
We do not share your information with third parties. However, we may from time to time disclose information to the following categories of companies or organizations to which we are responsible for managing services on our behalf: service providers, customer contact centers, Direct marketing agencies and consultants, market research and market analysis service providers, our legal advisors and other professionals. We strive to ensure that all third-party partners handling your information comply with data protection legislation and protect your information just as we do. We only disclose personal information STRICTLY necessary to provide the service they are undertaking on our behalf. We will aim to anonymize information or use aggregated specific datasets wherever possible.
4.HOW LONG WE KEEP THE INFORMATION
We will not store your personal information in an identification format for longer than necessary. For customers or suppliers, we retain personal information for a longer period than we do for potential customers/suppliers. In the case of an ongoing relationship (such as a customer), we retain your personal information for 10 years from the date our relationship ends. We retain personal information for this period to establish, bring or defend any legal claims.
Where we obtained personal information following a request for information, brochures, quotes or any other information about one of our products or services, we retain your personal information for 1 year and 6 months from the date we collect such information, unless during that period an actual relationship is created, for example, a purchase. We will continue to process such data in line with the initial request for 6 months, to allow us to establish a relationship with the prospective customer/supplier. After this period the data will remain dormant for 1 year before being removed, unless a report is formed within this time.
The only exceptions to the above mentioned periods are where:
5.HOW INFORMATION CAN BE MANAGED
Every data subject has the right as an individual to access personal information and make corrections if necessary. You also have the right to revoke the consent you have previously given to us and to request that we delete the information we hold. You may also object to the use of your personal information (where we rely on our business interests to process and use such personal information).
There are a number of rights in relation to personal information under the Data Protection Act. In relation to most rights, we will ask for information to confirm your identity and, where applicable, to help us search for your personal information. Except in rare cases, we will respond within 30 days of receiving your request.
Users have the following rights:
In the case of a subject access request or a request for information, please be aware that if the request is unfounded or excessive, we may still charge a fee or refuse to act on the request.
Please also note that when we remove data from our system, or after the periods of time stated earlier in this document or on request, The data is permanently removed from our system and may affect any subsequent access requests.
You can exercise the above rights and / or manage your information by contacting us, using the details below:
Email: info@dgtrade.it
If you have specific concerns about data protection or have a complaint, please contact our data protection team at info@dgtrade.it
6.WHERE WE STORE PERSONAL DATA
The personal data we collect may be transferred to, and stored at, a destination outside the European Economic Area (EEA), for the purposes described above. We will take all reasonable steps to ensure that your personal data is processed securely and in accordance with this Privacy Policy and data protection legislation. To the extent that it is necessary to transfer personal data outside the European Union, we will ensure that adequate protection measures are taken to protect the privacy and integrity of such personal data, including clauses on European Union models pursuant to Article 46.2 (for example by using the so-called Binding Corporate Rules). Please contact us if you would like information about these safeguards.