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Art. 1 – Definitions

1.1. The expression "online sales contract" means the purchase and sale contract relating to the Supplier's tangible movable assets, stipulated between the Supplier and the Buyer as part of a remote sales system using telematic tools, organized by the Supplier. .
1.2. The expression "Buyer" means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The expression "Supplier" means the person indicated in the epigraph or the person providing the information services.

Art. 2 – Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser purchases remotely via telematic tools the tangible movable goods indicated and offered for sale on the shop.dessyelettronicaforniture.it website
2.2. The products referred to in the previous point are illustrated on the web page: shop.dessyelettronicaforniture.it .

Art. 3 – Method of stipulating the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet through the Buyer's access to the address shop.dessyelettronicaforniture.it , where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of goods the contract for the purchase of goods referred to in point 2.1 of the previous article.

Art. 4 – Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact completion of the request form and the consent to the purchase expressed through the subscription sent online or by completing the online form at shop.dessyelettronicaforniture.it and the subsequent sending of the form itself, always after viewing a web page summarizing the order, printable, which shows the details of the orderer and the order, the price of the purchased good, the shipping costs and any further ancillary charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Purchaser, it sends a confirmation e-mail or displays a printable web page confirming and summarizing the order, which also contains the data recalled in the previous point.
4.3. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.

Art. 5 - Payment methods
5.1 Paypal - Payment for products purchased on the site can be made via PayPal. If the user chooses PayPal as a means of payment, he will be redirected to the service provider's website where he will pay for the products according to the procedure provided by PayPal itself. The data entered on the PayPal site will not be shared or transmitted to Neon Toma Illuminazione Srl, but processed directly by the payment service provider itself.
5.2 Bank Transfer – Payment for products purchased on the site can be made by bank transfer. The bank details for making the transfer will be indicated both when selecting the payment method and in the order confirmation email. Payment for the Products by bank transfer must take place no later than 5/6 days from the order date. After this deadline, the contract may be considered legally terminated. In case of payment by bank transfer, the shipment of the products will be carried out only after receipt of the bank transfer by Neon Toma Illuminazione Srl. Consequently, the delivery terms of the products will start from that date.
5.3 Cash on Delivery – By selecting Cash on Delivery as a payment method, payment will take place upon delivery directly to the courier in charge of delivery. It is possible to pay only by cash and up to €3000, as exceeding this amount is prohibited by current legislation. If the Customer selects this means of payment for an amount exceeding 3,000 euros, he will be contacted by customer service to establish a different means of payment. The cash on delivery payment method includes an increase equal to 5% of the total order which will be indicated in the order summary screen before the payment phase.

Article 6 –

Art. 7 – Prices
7.1. All sales prices of the products displayed and indicated on the website shop.dessyelettronicaforniture.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc
7.2. The sales prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and any additional charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the Purchaser forwards the order and also contained in the web page summarizing the order placed.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.

Art. 8 – Availability of products
8.1. The Supplier ensures the processing and fulfillment of orders without delay via the electronic system used. To this end, it indicates in real time, in its electronic catalogue, the number of available and unavailable products, as well as shipping times.
8.2. If an order exceeds the existing quantity in the warehouse, the Supplier will inform the Buyer via e-mail whether the good can no longer be booked or what the waiting times are to obtain the chosen good, asking if he intends to confirm the order. order or not.
8.3. The Supplier's IT system confirms the registration of the order as soon as possible by sending the User a confirmation by email, pursuant to point 4.2.

Art. 9 – Limitations of liability
9.1. The Supplier assumes no responsibility for disservices attributable to force majeure in the event that it is unable to execute the order within the times established by the contract.
9.2. The Supplier cannot be held liable towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control or that of its subcontractors.
9.3. Furthermore, the Supplier will not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid and any additional costs incurred .
9.4. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, for the payment of the purchased products, if it demonstrates that it has taken all precautions possible based on the best science and experience at the time and on the basis of ordinary diligence.
9.5. Under no circumstances can the Buyer be held responsible for delays or misunderstandings in payment if he proves that he has made the payment within the times and methods indicated by the Supplier.

Art. 10 – Liability for defects, proof of damage and compensable damages: the Supplier's obligations
10.1. Pursuant to the articles. 114 et seq. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the Damaged Party, within 3 months of the request, the identity and domicile of the producer or the person who supplied him with the goods .
10.2. The aforementioned request by the Damaged Party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences resulting from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, it still did not allow the product to be considered defective.
10.4. No compensation will be due if the Damaged Party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5. In any case, the Damaged Party will have to prove the defect, the damage, and the causal connection between the defect and the damage.
10.6. The Damaged Party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the Damaged Party.
10.7. Damage to things referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387).

Art. 11 – Guarantees and assistance methods
11.1. The Supplier is liable for any lack of conformity that occurs within 2 years of delivery of the goods.
11.2. For the purposes of this contract it is presumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist:
– a) are suitable for the use for which goods of the same type are usually used;
– b) conform to the description made by the Seller and possess the qualities of the goods that the Seller presented to the Consumer as a sample or model;
– c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, if applicable, the public declarations on the specific characteristics of the goods made in this regard by the Seller, by the manufacturer or his agent or representative, in particular in advertising or on labelling;
– d) are also suitable for the particular use desired by the Consumer and which was brought to the attention of the Seller at the time of conclusion of the contract and which the Seller also accepted for conclusive facts.
11.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The report is not necessary if the Seller has recognized the existence of the defect or has hidden it.
11.4. In any case, unless proven otherwise, it is presumed that the defects of conformity which appear within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of conformity. compliance.
11.5. In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, where the Supplier has accepted the Buyer's request, it must indicate the methods of shipping or returning the goods as well as the deadline expected for the return or replacement of the defective goods.
11.7. If repair and replacement are impossible or excessively burdensome, or the Supplier has not repaired or replaced the goods within the deadline referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the The buyer may request, at his/her choice, an appropriate reduction in the price or termination of the contract. In this case, the Buyer must send his request to the Supplier, who will indicate his willingness to process it, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Buyer's request, it must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the Buyer's responsibility to indicate the methods for crediting the sums previously paid to the Supplier.

Art. 12 – Buyer's obligations
12.1. The Buyer undertakes to pay the price of the purchased good in the times and ways indicated in the contract.
12.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.

Article 13 –

Art. 14 – Causes for termination
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, have an essential character, so that, by express agreement, the failure to fulfill just one of these obligations, unless determined by fortuitous circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 cc, without the need for a judicial ruling.

Art. 15 – Communications and complaints
15.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: DESSY SRL – Via Mercalli 5/7/9 , CAP 0912 9 Cagliari ( CA ) , or sent via fax to the number 0836/423870 or sent via e-mail to the following address shop@dessysrl.it . The Buyer indicates in the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from the Supplier to be sent.

Art. 16 – Settlement of disputes
16.1. All disputes arising from this contract will be referred to the Cagliari Chamber of Commerce and resolved according to the Conciliation Regulations adopted by it.
16.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, letter. u) of Legislative Decree 206/2005.

We also inform you, in compliance with the art. 14 of Regulation (EU) 524/2013, that the European Commission provides a platform for the alternative extra-judicial resolution of disputes, called ODR, accessible on the website http://ec.europa.eu/ odr .

Art. 17 – Applicable law and referral
17.1. This contract is regulated by the Italian law.
17.2. Although not expressly provided herein, the laws applicable to the relationships and cases envisaged in this contract apply, and in particular the art. 5 of the Rome Convention of 1980.
17.3. Pursuant to art. 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to here.

Art. 18 – Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously entered into between the Parties and concerning the object of this contract.