General Terms and Conditions of Sale — Software Products — in force from 01/08/2026
These general terms and conditions of sale (the “General Conditions”) govern the manner and conditions under which the software products (the “Products”) marketed by Dartwin S.r.l. Unipersonale, registered office at via Marco Sasso 19, 36061 Bassano del Grappa (VI), Italy, VAT and tax code IT 04352600243, registered with the Vicenza Companies Register — REA VI-397810, certified e-mail [email protected], e-mail [email protected] (“Dartwin”), are sold.
All contracts for the sale of Products by Dartwin to third parties (the “Customers”) are governed by these General Conditions, which form an integral and substantial part of every proposal, order and order confirmation. The General Conditions applicable to each order are those published on this website on the date of the order.
1. DEFINITIONS
For the purposes of these General Conditions:
- Consumer means a natural person acting for purposes outside his or her trade, business, craft or profession, as defined in art. 3(1)(a) of Italian Legislative Decree 206/2005 (the “Consumer Code”).
- Business Customer means any natural or legal person purchasing in the course of its trade, business, craft or profession, or an intermediary acting on its behalf.
- Product means the software supplied in digital form, together with the relevant licence of use and, where purchased, the USB hardware key.
The provisions of these General Conditions that grant specific treatment to the Consumer apply solely to the Consumer. Nothing in these General Conditions shall be construed as limiting the mandatory rights granted to Consumers by applicable law.
2. PRICES
Prices of the Products are expressed in Euro (€). For Business Customers prices are stated exclusive of VAT; for Consumers the price inclusive of taxes and of any additional charge is displayed before the order is placed, in the shopping cart summary and on the payment page.
Prices are reserved to those purchasing through this website in accordance with the procedure set out herein. Prices may change without notice; any change has no effect on orders already confirmed. Promotional offers may not be combined with one another.
3. ORDERS AND FORMATION OF THE CONTRACT
Orders are placed exclusively through the website, following the purchase procedure set out therein. Before submitting the order the Customer is shown a summary of the selected Products, the total price and these General Conditions, and is able to correct any input errors.
The contract is formed at the moment Dartwin sends the Customer the order confirmation e-mail to the e-mail address provided during the purchase.
Access to the service is permanent and continuous, save for maintenance periods, server update operations and any interruption of network service.
4. ACCEPTANCE OF THE CONDITIONS OF SALE
By submitting the order, the Customer declares that he or she has read and accepted these General Conditions. Unless proven otherwise, the electronic records kept by Dartwin constitute evidence of the transactions between Dartwin and its Customers.
5. ORDER CONFIRMATION
After the order has been submitted, Dartwin sends to the e-mail address indicated by the Customer a confirmation e-mail containing:
a) the instructions and the link to download the software; b) the instructions and the link to obtain the activation key; c) the order summary and a reference to these General Conditions.
6. PAYMENT METHODS
Credit card and other electronic methods. Card payments are processed by Stripe Payments Europe Ltd. over an encrypted connection. Dartwin at no time processes or stores the Customer’s payment card details.
PayPal. Payment through PayPal (Europe) S.à r.l. et Cie, S.C.A. is available, either from a PayPal account or, for those who do not hold one, by payment card directly on PayPal’s page. Here too, payment details do not pass through Dartwin’s systems.
Advance bank transfer. Payment by advance bank transfer is subject to the limits set out in the purchase procedure. Delivery of the activation key is suspended until the amount due has been credited to Dartwin’s account. The transfer must be ordered within three working days of receipt of the e-mail acknowledging the order; a copy of the transfer instruction must be sent to [email protected] within four working days of the same date; the funds must be credited within eight working days. Should any of these time limits expire without compliance, the order is automatically cancelled and will not be processed. The transfer reference must state: i) the name and surname or company name of the person placing the order; ii) the order reference number; iii) the date of the order.
The processing of data by payment service providers is governed by their respective privacy policies, to which reference is made.
7. DELIVERY OF THE SOFTWARE
Delivery of the Product takes place exclusively by electronic means: the software is downloaded directly from Dartwin’s website using the link provided in the confirmation e-mail. The Product is not supplied in “BOX” version nor on any physical medium and, accordingly, no shipping costs are charged. The USB hardware key, where expressly purchased, is an exception and is shipped to the address indicated by the Customer.
8. SOFTWARE ACTIVATION
Once payment has been made, the Customer installs and activates the software following the instructions contained in the confirmation e-mail. In order to obtain the activation key, the Customer must communicate to Dartwin the lock code (Computer code) displayed during installation.
Upon receipt of payment and of the lock code, Dartwin sends the activation key by e-mail within five working days. Where the time taken by banks or payment service providers to confirm payment causes a delay, Dartwin will inform the Customer promptly. In relation to Consumers, art. 61 of the Consumer Code continues to apply.
9. ACCEPTANCE OF THE LICENCE CONDITIONS
By submitting the request for the activation key, the Customer declares that he or she fully accepts the licence conditions set out in the installation procedure, as well as the rights of use described in art. 12 below.
10. CONSUMER RIGHT OF WITHDRAWAL
Under arts. 52 et seq. of the Consumer Code, the Consumer has the right to withdraw from the contract within fourteen days of its formation, without giving any reason and without incurring any cost other than those provided for by law.
However, since the supply consists of digital content not supplied on a tangible medium, the right of withdrawal is extinguished where the conditions set out in art. 59(1)(o) of the Consumer Code are cumulatively met, namely where:
a) performance of the supply has begun with the Consumer’s express consent; b) the Consumer has acknowledged that, once performance has begun, the right of withdrawal is lost; c) Dartwin has provided confirmation of that consent on a durable medium.
The consent referred to in points (a) and (b) is obtained by means of a mandatory tick box on the payment page, before the order is submitted; the confirmation referred to in point (c) is contained in the order confirmation e-mail. Performance is deemed to begin when the activation key is sent.
Where such consent has not been given, the Consumer retains the right of withdrawal for fourteen days and may exercise it by means of an explicit statement sent to [email protected], including by using the model withdrawal form set out in Annex I, Part B, of the Consumer Code. In that event Dartwin will reimburse the payments received within fourteen days of receipt of the notice of withdrawal, using the same means of payment used for the initial transaction, and the licence shall be deemed revoked, with the Consumer obliged to cease all use of and uninstall the software.
The right of withdrawal does not apply to Business Customers, for whom all sales are final once the activation key has been sent.
11. WARRANTY AND COMPLAINTS
Consumers. The Products are covered by the statutory guarantee of conformity provided by the Consumer Code for digital content and digital services. Dartwin is liable for any lack of conformity existing at the time of supply and becoming apparent within two years of that time. The Consumer is entitled to have conformity restored and, in the cases provided by law, to a price reduction or to termination of the contract. Complaints should be sent to [email protected].
Business Customers. Any lack of conformity or defect must be notified in writing within eight days of discovery, failing which the claim is time-barred under art. 1495 of the Italian Civil Code.
12. RIGHTS OF USE AND INTELLECTUAL PROPERTY
All software marketed by Dartwin is protected by national legislation and international treaties on copyright and intellectual property. The sale does not in any case entail the transfer of reproduction, performance or exploitation rights, nor of any intangible right already recognised or to be recognised in favour of the lawful right holders.
Unless otherwise agreed in writing, the purchaser is authorised to install and use a single copy of the Product on a single computer, by a single user. Special conditions are available for additional licences of the same program and may be requested from Dartwin.
13. REINSTALLATION OF THE SOFTWARE
Where the software needs to be reinstalled on the same hardware, it is sufficient to repeat the initial procedure, entering the same activation key obtained at the time of purchase.
Where instead a hardware component has been replaced, including as a result of changes made by software, or where the computer on which the installation was present has been decommissioned, a new activation key must be requested in accordance with the procedure set out below. For each original activation key purchased, one duplicate only may be requested; further activations are possible only by purchasing a new licence.
14. VERSIONS AND UPDATES
The version number consists of two parts separated by a full stop (e.g. 1.23). The first part indicates the main version and relates to the design and internal and external organisation of the software: a new main version entails substantial changes or the implementation of significant new functionality. The second part indicates the secondary version number and relates to minor functionality, adaptation to new hardware capabilities, or improvements in data acquisition and processing systems.
All licence holders may obtain free of charge the latest update relating to their own main version: it is sufficient to compare the version number, download the updated version from the updates page and reinstall the software.
Where a new main version is released, holders of a previous version may purchase the upgrade on the conditions stated on the website.
The specific conditions governing the duration of updates for subscription licences and for perpetual licences are set out on the relevant product pages.
15. AVAILABILITY
Product offers and the related prices are valid for as long as they are published on the website. The data transmission times indicated for the transfer of a Product are purely indicative, and any delay not attributable to Dartwin does not entitle the Customer to cancel the sale or to claim compensation, without prejudice to the mandatory rights of the Consumer.
Where a Product becomes unavailable after the order has been received, Dartwin will inform the Customer promptly by e-mail and will refund in full any amount already paid.
16. LIMITATION OF LIABILITY
The Products are calculation and simulation tools intended for use by technically qualified personnel. Responsibility for the choice of input data, for the interpretation of results and for their application to specific cases rests with the user.
Save in cases of wilful misconduct or gross negligence, and without prejudice to the mandatory rights granted to Consumers by law, Dartwin shall not be liable for indirect, incidental or consequential damages of any nature, including by way of example those arising from loss of use, loss of data or loss of profit, connected with the use of the Products or of the information published on this website or on linked websites.
The information contained on this website may include technical inaccuracies or typographical errors; Dartwin may make corrections at any time.
17. FORCE MAJEURE
In the event of force majeure or unforeseeable circumstances, Dartwin shall not be liable for delay in or failure to perform delivery and shall be entitled to terminate the contract in whole or in part, or to suspend or postpone its performance, giving prompt notice to the Customer.
18. PROCESSING OF PERSONAL DATA
The personal data of Customers is processed by Dartwin S.r.l. Unipersonale, as data controller, in compliance with Regulation (EU) 2016/679 (GDPR) and with Italian Legislative Decree 196/2003 as amended by Legislative Decree 101/2018.
The purposes, legal bases, recipients, retention periods and the means of exercising data subject rights (access, rectification, erasure, restriction, portability, objection and lodging a complaint with the supervisory authority) are described in the Privacy Policy, which forms an integral part of these General Conditions.
The provision of the data necessary to perform the order and to comply with legal obligations, including tax obligations, is mandatory; refusal prevents the conclusion of the contract. Promotional communications are sent solely on the basis of express consent, which may be withdrawn at any time, including through the link at the foot of each message.
To exercise these rights, please write to [email protected].
19. DISPUTE RESOLUTION — GOVERNING LAW AND JURISDICTION
These General Conditions are drawn up in Italian and in English and are governed by Italian law. In the event of any discrepancy between the two language versions, the Italian version shall prevail.
Business Customers. The courts of Vicenza, Italy, shall have exclusive jurisdiction over any dispute connected with these General Conditions.
Consumers. The courts of the place of residence or elected domicile of the Consumer shall have exclusive and non-derogable jurisdiction. The choice of Italian law shall not deprive a Consumer habitually resident in another State of the protection afforded by the mandatory provisions of the law of that State. A Consumer resident in a Member State of the European Union may also make use of alternative dispute resolution (ADR) procedures by applying to the bodies listed by the competent national authority. Recourse to such procedures is optional and does not affect the right to bring proceedings before the courts.
20. AMENDMENTS TO THE GENERAL CONDITIONS
Dartwin reserves the right to amend these General Conditions at any time. Amendments take effect from the date of publication on the website and apply solely to orders submitted after that date. The applicable version is always identified by the version number and the date of entry into force stated in the heading.
PROCEDURE FOR REQUESTING A SECOND ACTIVATION KEY
1) Send to Dartwin S.r.l. Unipersonale — via Marco Sasso 19, 36061 Bassano del Grappa (VI), Italy, by registered post or by certified e-mail to [email protected], the following declaration, completed in full and with the parts in italics removed:
REQUEST FOR A SECOND ACTIVATION KEY
I, the undersigned …………………………………. (title, name and surname), in my capacity as …………………………………. (state your role) of the firm / practice / organisation …………………………………. having its registered office at …………………………………. (full address),
having purchased from Dartwin a licence of the software named …………………………………. and having obtained activation key no. …………………………………. (state the code of the original activation key, as shown on the invoice),
DECLARE that this licence relates to an installation on a decommissioned computer, or to be reinstalled on a modified computer, and that it will no longer be used as it is unlawful and will be destroyed by me, for which I accept full responsibility, being aware of the civil and criminal consequences thereof,
and REQUEST that a second activation key be issued to me for the new lock code …………………………………. (state the lock code displayed during the reinstallation procedure).
Place and date …………………………………. — Signed …………………………………. (stamp and full signature)
2) Pay the sum of € 25.00 + VAT as consideration for the service of issuing the second activation key, in accordance with the methods set out in the purchase procedure.
3) Upon receipt of the request and of the payment, Dartwin will send the second activation key to the Customer.
