These Terms and Conditions apply exclusively between DELTA SERVICE S.r.l., registered at the Salerno Trade and Company Register under no. 05045500658 in Italy , legal office is located at: S.S. 18, 4 Loc. Fosso Pioppo - 84091 Battipaglia (SA) Italy, hereinafter referred to as "DELTA SERVICE" or the "WEBSITE" and any person who makes a purchase on deltaservicedieselengines.com, hereinafter referred to as the "CUSTOMER" or "YOU" and collectively referred to as the "PARTIES".
You confirm that YOU are of full age or have received parental permission and that YOU have the legal capacity to enter into a contract and to subsequently place an order. The WEBSITE delivers to CUSTOMERS in the countries listed at Clause 3.
Should you have any questions concerning an online purchase, please contact us.
The Parties agree that their relationship will be governed exclusively by these General Terms and Conditions of Sale, which are available on site.
These Terms and Conditions may be varied. Accordingly, the PARTIES agree that their relationship will be governed by the Terms and Conditions applicable on the WEBSITE on the day the order is placed on deltaservicedieselengines.com. These General Terms and Conditions of Sale will apply from the date they are posted online.
How to place an order on deltaservicedieselengines.com
You will be required to complete several stages when placing an order:
- Add your chosen items to your basket
- Select a delivery method
- Select a method of payment
- Make your payment
- YOU will receive an e-mail from DELTA SERVICE confirming that your order has been logged
- Finally, You will receive an e-mail confirming your order
Generation of an order confirmation e-mail means that DELTA SERVICE has accepted your order, which will then form the sales contract between the PARTIES.
As soon as your order is ready to be dispatched, DELTA SERVICE will send YOU an e-mail confirming that your order has been dispatched.
The prices displayed by default on the WEBSITE are stated in euro and include all charges applicable in destination country .
VAT is applied at the rate applicable on the order date. Product prices displayed on deltaservicedieselengines.com. exclude postage/shipping, the cost of certain packaging and other optional services selected by YOU, for which there will be an additional charge.
Any additional charges will be included in the summary of your order displayed on-screen before the order is finally confirmed.
YOU are hereby informed that the products and services available and the prices applicable in stores in your country of residence do not apply to purchases.
Method of payment
YOU may pay for your goods by bank card, using a Visa card, Mastercard, Switch, Maestro, or Electron. Card payments made are secured using the Secure Socket Layer (SSL) protocol and payments are processed by Ogone.
The total price of your selected products and services will be debited from your bank account once your order is available in the warehouse and collection by the warehouse staff has been completed. In the case of a split order, whereby products are located in several different warehouses, the full payment will be debited following the collection of the first product.
If an anti-fraud check is carried out to ensure the security of CUSTOMER transactions, DELTA SERVICE may ask YOU to provide order validation documentation by fax or e-mail, such as one or more documents containing proof of your address and/or a copy of your identity card, before your order is confirmed.
Your order will only be final once DELTA SERVICE has received these documents and issued a confirmation e-mail. In the absence of these documents or if the documents do not establish your identity and address, DELTA SERVICE reserves the right not to confirm the order.
DELTA SERVICE also reserves the right to reject an order in the event of an ongoing payment dispute or if a CUSTOMER has ordered an unusually high number of products or services.
Proof of orders and payment
In the absence of proof to the contrary, our electronic databases and those of our service providers that are kept under adequate security conditions will constitute proof of all transactions entered into between DELTA SERVICE and YOU. In accordance with applicable regulations, we store orders in a reliable medium. YOU may access orders placed by YOU on deltaservicedieselengines.com by going to My account. In all cases, DELTA SERVICE advises CUSTOMERS to retain their order confirmation e-mail.
Our product and service offers apply for as long as they remain visible on the WEBSITE, except when special offers are available, in which case the term of validity of those offers will be stipulated on the WEBSITE. YOU are advised to check the availability of items on the relevant product information page.
If an item ordered is not available, DELTA SERVICE reserves the right to cancel the order, in which case YOU will be notified accordingly.
If YOU place an order for several products one of which is unavailable, DELTA SERVICE will inform YOU accordingly. The rest of the order will be processed and dispatched to YOU within the time limit indicated on the WEBSITE.
YOU may also choose to cancel your entire order, in which case YOU must inform the DELTA SERVICE customer services department by phone or e-mail.
The WEBSITE may also offer to replace the unavailable item with a similar item of similar quality with your prior agreement. In this case, if YOU then exercise your right to cancel the order after receipt of the substitute item, YOU will be required to pay the return postage costs.
Products are delivered to the delivery address provided by YOU in your order, exclusively in Europe and UK and Northern Ireland. Our delivery service does not include delivery to Islands.
Do we deliver to multi-occupancy addresses?
Where a delivery is to be made to a multi-occupancy address, YOU acknowledge that the order delivery service provided by DELTA SERVICE is to the multi-occupancy address stipulated in your order, meaning that a delivery may be received by a third party. Risks relating to the products are passed on at delivery.
The delivery time given on the WEBSITE begins on the date on which the products YOU have ordered are dispatched from our warehouse, such date not to be more than 30 days after confirmation of the order by the WEBSITE. YOU will be sent an e-mail confirming that the order has been dispatched.
What happens if I am not at home when my order is delivered?
If YOU are unable to take delivery of items delivered by the carrier, YOU will have a certain period of time in which to collect the parcel from the specified carrier. Thereafter, the parcel will be returned to DELTA SERVICE. The DELTA SERVICE will then send a reminder. If YOU fail to respond to the reminder within 7 days, DELTA SERVICE com will consider that YOU have exercised your right to cancel the order.
For deliveries by appointment (heavy or large items), the carrier will contact YOU directly to arrange a delivery time. YOU must notify DELTA SERVICE at least five (5) business days prior to the agreed delivery date if YOU will not be available at the agreed delivery time. If YOU fail to do this, additional charges will be imposed by the carrier.
Check your items on receipt!
With respect to the acceptance of packages, DELTA SERVICE strongly advises CUSTOMERS to check the apparent condition of items on delivery. In the event of a problem (damaged packaging or missing, damaged or broken items), YOU:
- Must describe the condition of the parcel being refused in detail on the delivery note
- Must have the carrier countersign the delivery note
- Will have a period of 3 calendar days (excluding bank holiday) in which to notify DELTA SERVICE by any means.
YOU are therefore strongly advised to open your parcel in the presence of the carrier to check that no item has been damaged.
Exchange and refund terms
YOU have a period of 365 days in which to exchange unsuitable items, at your expense.
YOU may also choose to receive a refund for items returned to the WEBSITE.
Right to cancel
In accordance with applicable legislation, YOU have a period of 7 clear days from receipt of your order in which to cancel. However, DELTA SERVICE has increased this period to 14 calendar days from delivery. This cancellation period will not apply with respect to the following in particular: purchases of perishables such as foodstuffs; and purchases of audio or video recordings and computer software applications which YOU have unwrapped.
Exercising the right to cancel
Go to My account and click on "Track my orders" to obtain a return number identifying the reason for the return.
YOU should package your item carefully and include the relevant return number(s) printed out from the deltaservicedieselengines.com website or written on a loose sheet of paper.
YOU may choose how to return your item and whether YOU wish to take out insurance for loss, theft or destruction of your parcel. DELTA SERVICE does not cover the return postage/shipping costs, insurance or transport costs and will not be liable if your parcel goes missing. The WEBSITE advises CUSTOMERS to choose a postage option whereby they can track their parcel. Generally, all costs and risks arising in connection with returns are to be borne by the CUSTOMER.
Only returned items that are complete, in perfect condition, in their original packaging and accompanied by a return number will be accepted. Otherwise, the return will be deemed non-compliant and YOU will not receive a refund from DELTA SERVICE.
When will I receive a refund if I exercise my right to cancel?
If YOU follow the returns procedure described above, YOU will be refunded within 14 days of the date of receipt of the returned items by DELTA SERVICE. For payments made by bank card, YOU will be refunded directly to the account connected to your bank card. For payments made by cheque, YOU will be refunded by cheque sent to your billing address.
If only part of an order is returned, DELTA SERVICE will refund postage/shipping costs (one way) in proportion to the total amount of the order. If an entire order is returned, DELTA SERVICE will refund all postage costs paid when the order was placed.
What happens if my item is faulty or is not what i ordered?
Faulty item attributable to the carrier:
Please refer to Clause 3 (Delivery), "Check your items on receipt!".
Item not as ordered:
If an item does not correspond to the item YOU ordered (incorrect model, size, colour or reference), YOU have a period of 14 days from receipt of the parcel in which to ask to return the item to DELTA SERVICE.
In both cases (faulty item / item not as ordered):
YOU should refer to the instructions delivered with the parcel how to return an item regarding returns. These will explain how to obtain a returns number. For customer returns, DELTA SERVICE will:
- issue a prepaid returns label
- dispatch the ordered item within 30 days of receipt of the returned item, at its expense, subject to availability.
If the ordered item is no longer available on the return date, DELTA SERVICE will issue a refund for the relevant item. Postage costs will be refunded on the same terms as when a CUSTOMER exercises the right to cancel.
Can I return my item to a delta service store?
DELTA SERVICE allows CUSTOMERS with a DELTA SERVICE S.r.l. loyalty card to exchange and return items to a DELTA SERVICE S.r.l. store, provided they have registered their loyalty on the WEBSITE, under My account when placing the order.
YOU should take your item to the customer helpdesk in your country of residence along with the loyalty card used in connection with the purchase made. Refunds will be made by the WEBSITE, not the store to which items are returned.
Your item is damaged or faulty
Notwithstanding the sales warranty covering certain items sold on our website, DELTA SERVICE is required to provide the statutory warranty against defects and the warranty against hidden defects in accordance with Italian law, for all items sold on the WEBSITE.
Certain items sold on the WEBSITE are covered by a sales warranty for the term stipulated on the relevant web page.
However, this warranty does not cover problems caused by negligence, damage or inappropriate use of the item by YOU. DELTA SERVICE draws your attention to defects and problems which can only be caused by incorrect installation or handling of equipment. In this respect, DELTA SERVICE asks you to follow the instructions in the help guides available on the WEBSITE and to conduct several tests on the equipment received.
How can I have my item repaired during the warranty period?
In case of a fault during the warranty period, contact DELTA SERVICE. In order to return an item to DELTA SERVICE go to My account, click on Track my orders and specify the problems or malfunctions encountered with the relevant item(s). YOU will then be provided with a returns number.
As part of this warranty, DELTA SERVICE allows you to choose whether to return your item to a DELTA SERVICE S.r.l. store. Postage/shipping costs, regardless of the method chosen, must be borne by YOU.
Once the item has been processed by DELTA SERVICE, which will check in particular whether it is covered by the sales warranty, the item will be repaired or exchanged. If the cause of the problem is covered by the sales warranty and the item is irreparable and cannot be exchanged for an identical or equivalent item, YOU will be provided with a credit note or a refund. In any case, if the problem is covered by the sales warranty, DELTA SERVICE will offer the most appropriate solution (by replacing the faulty part, replacing the item or issuing a refund).
If an item is returned without good reason or if YOU have not read and followed the instructions in the help guides provided on the WEBSITE, the return will be deemed non-compliant and processed as such. Similarly, any items that are returned without a returns number will be systematically processed as non-compliant returns.
YOU may choose how to return your item and whether YOU wish to take out insurance for loss, theft or destruction of your parcel.
Lastly, you are responsible for packaging your item such that there is no risk of damage or deterioration in transit.
DELTA SERVICE will retain full title to items purchased by you until YOU have fulfilled all of your obligations, particularly by paying the full price of the order, plus interest where applicable.
These General Terms and Conditions of Sale comprise all of the clauses herein. No forbearance in relying on a clause of these Terms and Conditions at any time will constitute a waiver of the right to subsequently rely on those clauses. If one clause is invalid, the other clauses will remain valid.
These General Terms and Conditions of Sale are governed by Italian law. However, if YOU live in a country within the European Union other than the United Kingdom, YOU may rely on the law applicable in your country of residence where such provisions are more favourable than Italian law.
In connection with a business-to-business sales contract, the PARTIES expressly agree that this contract is governed by Italian law. The PARTIES expressly agree that the Vienna Convention on Contracts for the International Sale of Goods will not apply to their relationship. Accordingly, any dispute that is not resolved amicably will be referred to the exclusive jurisdiction of the competent courts, even in the event of multiple defendants and/or if a third party is joined to the proceedings, even for urgent proceedings or protective proceedings brought on an urgent application or an ex parte application.