Terms and conditions
General Terms and Conditions for the use of our websites and the sale of Products (hereafter referred to as “T&Cs”)
- The term “De Tomaso” or “us” or “we” refers to the owner of the website of De Tomaso Automobili Limited (the “DT Main Corporate Site”), whose registered office is Unit 716, 7/F, 8 Queens Road East, Wanchai, Hong Kong, and for the website specifically for the sales of merchandise (the “DT Store”), De Tomaso Automobili GmbH, whose registered address is Alemannenstraße 20, 85095 Denkendorf, Germany with VAT number DE 329 794 087. The term “you” refers to the user or viewer of our website(s).
- By visiting our websites and/or purchasing any products from the DT Store (hereafter referred to as “Products”), you engage in our “Service” and you are assumed to have agreed to be bound by the following T&Cs, including those additional terms and conditions and policies referenced herein and/or made available on www.detomaso-automobili.com/pages/terms-and-conditions. These T&Cs are applicable to all users of our website(s), including but not limited to users who are browsers, vendors, consumers, merchants, and/or contributors of content.
- We will not accept any deviating conditions from you unless we have expressly agreed in writing.
- By agreeing to these T&Cs, you represent that you are at least the age of majority in your country and can therefore legally enter legal contracts with us.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
Intellectual Property Rights/ Trademarks and Domain Names
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, images, photographs, dialogues, videos, appearance, and graphics, in any format, including menus, colours, schemes, fonts, design, layout and function. Reproduction is prohibited other than with the express written consent of De Tomaso, and if necessary, by the authors of the individual works contained on the website(s).
- All trademarks reproduced in this website which are not the property of, or licensed to, us are acknowledged on the website. All distinctive signs that either distinguish our Products sold on DT Store and/or displayed on our websites are registered trademarks of their respective owners and are used within our website(s) for the sole purpose of advertising, describing the Products on DT Store or the De Tomaso brand. Any unauthorised use of the registered trademarks may give rise to a claim for damages and/or criminal liabilities.
- We have the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the DT Store and DT Main Corporate Site, as well as their respective contents. Unauthorised use of this website may give rise to a claim for damages and/or criminal liabilities.
- You are not authorized to use, in any way or form, the contents of the website(s) and every single work protected by copyright and any other intellectual property right. By way of example, you will not be able to alter or, in any other way, modify the contents and protected works without the written consent of De Tomaso and, where necessary, of the individual authors of the works published on DT Main Corporate Site and DT Store.
Links to Other Websites
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).
- We do not control or monitor these websites and their contents, and we cannot be held responsible for the contents of these websites and the rules adopted by them with regard to your privacy and the processing of your personal data when accessing these websites.
Identity of Seller
- The Products purchased on the DT Store are sold directly by De Tomaso Automobili GmbH.
- If a contract is concluded, De Tomaso Automobili GmbH will be a party to the contract, which is governed by the following T&Cs as amended at the time of the purchase order (hereinafter an “Order” or “Orders”).
- De Tomaso Automobili GmbH
- Address: Alemannenstraße 20, 85095 Denkendorf, Germany
- Phone: +49 8466 90430-13
- Fax: +49 8466 90430-50
- Email: email@example.com
- VAT identification number: DE 329 794 087
- If you need further information regarding orders and shipments, refunds and return of Products purchased on DT Store, please go to [please insert link to return policy].
Conclusion of Contract
- The display and presentation of our Products on DT Store does not constitute binding offers by us to enter into a contract, but merely invite consumers to make a binding declaration as to whether and which goods it wants to order from DT Store.
- The term “consumer” shall refer to a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business.
- By placing your Order, consumer submits a binding offer to conclude a contract with De Tomaso Automobili GmbH.
- By placing an Order in the various ways provided, according to the process presented on the DT Store, the consumer declares to have read all the information provided to him during the purchase procedure and to accept in full the T&Cs herein.
- Before proceeding with the purchase of our Products, we recommend you to read the Return Policy [insert Return Policy link] on our website.
- We will send to the consumer, at the latest when delivering a Product, the following information in writing, or in such a way that the consumer can store it on an accessible durable medium, which shall include but are not limited to the following:
- The office address of our business location where the consumer can lodge complaints;
- The conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relation to preclusion from the right of withdrawal;
- Information on guarantees and existing after-sales services (if applicable);
- The price, including all taxes on the products or services; the costs of delivery (if applicable), and the method of payment, delivery or fulfilling the contract;
- If the consumer has a right of withdrawal, the model form for right of withdrawal.
- All Orders are subject to acceptance by us. We are not obliged to accept your Order and may, at our discretion, decline to accept any Order.
- The automatic confirmation e-mail after the receipt of the purchase order does not constitute an acceptance by us. It only confirms that we have received your offer to purchase.
- Non-acceptance of an Order may be as a result of (non-exhaustive): Items being out of stock; our inability to obtain the authorisation of payment; an error identified in regard to Product information, for example but not limited to price and other factors unforeseen by us; or you not being aged 18; or new costs or tariffs applying to our supply of the Product, (or the likelihood of significant delays) arising when transiting the Product across borders for such reason as trade restrictions or any circumstances that might make fulfilment of your order uneconomical. In this case, no contract will be concluded, and we shall inform you accordingly without undue delay.
- In the event that we are unable to fulfil your Order for any reason, we will refund to you in full. All refunds will take place as soon as practicably possible and, in any case, within 14 days of being informed that we are unable to fulfil your Order.
- The contract shall only become effective once we have accepted the consumer’s offer and finalised the purchase contract. We may accept an Order by way of sending you a Confirmation and dispatching the relevant Products. The sales contract shall be governed exclusively by the contents of the Order acceptance and these T&Cs. Verbal agreements or promises shall only be valid if an authorised employee of us has confirmed them in writing.
- Furthermore, by confirming your offer to purchase and sending your Order form, you also confirm your obligation to pay for the Products. When sending the Order form you will be warned that such forwarding implies the obligation to pay the indicated price, including the appropriate delivery charges. Before proceeding with the transmission of the Order form, you will also be asked to identify and correct any data entry errors.
- The Order form sent to the us will be archived in our database for the period of time necessary to process your Order(s) and in any case within the terms of the law. We will send you a copy of Order confirmation including any and all contractual provision, the T&Cs herein and a summary document on the right of withdrawal via email.
- The purchase contract can be concluded in English.
- The prices of the Products are the respective prices listed on the DT Store on the date of your Order.
- All prices stated in offers of Products include the applicable VAT upon selecting the delivery location within the European Union (“EU”). Delivery charges will be automatically added to the total amount due once the delivery destination and chosen delivery method have been selected.
- Delivery charges will be listed on the check-out page upon confirming your offer to purchase.
- All prices displayed on the DT Store are quoted in the local currency based on your location settings unless you change your location settings when you place your Order, in which case the local currency will be displayed where possible. Prices must be paid in full, including delivery charges, except where discounts are offered as detailed on the Website.
Methods of payments are set out in DT Store which may change from time to time without prior notice.
- DT Store will process all confirmed Orders within 30 days after our acceptance of your Order.
- All deliveries are still subject to final availability of Products. All deliveries will be made to the delivery address as indicated in your Order form.
- Delivery times indicated in the Dispatch Confirmation are purely indicative as delay may occur due to reasons beyond our control. Any delay should not be considered as valid reasons for refusal of delivery and/or grounds for compensation.
Returns and Right of Withdrawal:
Please refer to our Return Policy www.detomaso-automobili.com/pages/return-policy.
Applicable Law and Jurisdiction
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Federal Republic of Germany and the courts of the Federal Republic of Germany shall have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of that website.