TERMS AND CONDITIONS
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Terms and Conditions
Contract for the online sale of consumer goods (motorbike spare parts)
The Buyer hereby expressly purchases for purposes which are outside his trade or his profession.
Identification of Supplier
The goods subject to these terms and conditions are sold by OFFICINE ITALIANE ZARD SRL, here after indicated as “Supplier”, is located in Via Nazionale 11-14011 Baldichieri d'Asti (AT) Italy, VAT 09249740011.
1.1. The term "contract of on line sale " refers to purchase agreement relating to movable assets of the Supplier. The contract stipulated between purchaser and supplier is based on a distance sale via telematic tools, organized by the Supplier .
1.2. The term "Purchaser" refers to individual person who purchases something for purposes not related to commercial or professional activity.
1.3. The term "Supplier" refers to a person who provide information services.
Subject of contract
2.1. Through this contract, the Supplier sells to the Purchaser via telematic means motorbike spare parts shown for sale on the website: www.officineitalianezard.it.
2.2. The products sold are shown in the following webpage: www.officineitalianezard.it.
3.1. The contract between the Supplier and the Buyer concludes exclusively by Internet. The Purchaser should visit the official website www.officineitalianezard.it and follow the procedures outlined in order to formalize the proposal of purchasing goods.
Conclusion and effectiveness of the contract
4.1. The purchase contract is considered concluded by a correct filling of the on-line application form attached to the e-catalogue on the website www.officineitalianezard.it and the consensus expressed by the Buyer. More precisely, after the visualization of the summary order in which are shown all details of the payer and the order, the price of the goods purchased, the shipping charges and any additional charges, payment methods and terms, the address where the goods will be delivered, delivery time and the right of withdrawal.
4.2. At the moment in which the Supplier receives the order by the Buyer, he shall send an email of confirmation and summary order that is printable and where all data of the previous point are also reported.
4.3. The contract is not considered as perfect and effective between the parties at fault as indicated in the previous paragraph.
Payment methods and refund
5.1. Every payment on behalf of the Buyer will only be made by one of the methods indicated in the proper web page by the Supplier.
5.2. Any possible refund will be promptly credited to the Purchaser by one of the methods proposed by the Supplier and based on the choice of the Buyer. In case of the right of withdrawal, as ordered by art. 13, paragraph 2 et seq. of this contract, no later than 30 days from the date during which the Supplier has become aware of the withdrawal.
5.3. All communications relating to payments are made on a dedicated Supplier line and protected by a coding system. The Supplier guarantees the storage of this information with an additional level of security coding system and in accordance to current legislation regarding the protection of personal data.
Time and delivery
6.1. The Supplier will deliver the selected product, in the condition chosen by the Purchaser or indicated on the website at the time of the offer of the asset, as confirmed in the email of confirmation
6.2. The delivery time may vary from the day you have placed the order to a maximum of 15 working days from the confirmation of the same. In case the Supplier is unable to ship within this period the Buyer will be promptly informed by an e-mail.
6.3. Conditions, time and shipping costs are clearly stated and well-marked at http://www.officineitalianezard.it/it/pages/index/pagamenti 13/.
7.1. All prices shown on the website www.officineitalianezard.it are expressed in euro and constitute a public offer according to art. 1336 of Civil Code.
7.2. For UE countries prices include taxes (VAT). For Extra UE countries taxes are not included. Shipping costs, where present, even if not included in the purchase price, must be indicated and calculated by the Buyer before placing the order. They must also appear in the summary web page of the order.
7.3. The prices indicated for each item shall be valid until the date indicated in the catalogue.
8.1. Should an order exceed an existing quantity in stock, the Supplier will inform the Purchaser by e-mail if the good……..no longer be ordered or how long will be the waiting time to get the chosen goods, asking if he intends to confirm the order or not.
8.2. The computer system will confirm the order, as soon as it is possible, by e-mail, according to Section 4.2.
Limitation of liability
9.1. The Supplier shall not assume any liability for disruptions caused by external forces, in case he cannot process the order on the date indicated in the contract.
9.2. The Supplier shall not be liable to the Buyer, except in cases of willful misconduct or great negligence and for Internet malfunctions, beyond his own or his sub-supplying control.
9.3. Moreover, the Supplier will not be liable for any damages, losses and costs incurred by the Buyer, for reasons not related to the failing contract linked to him. The Buyer shall only be entitled to a refund of the price paid and any extra charges incurred .
9.4. The Supplier assumes no responsibility for any possible fraudulent or illegal use, may be made by third parties, of credit cards, bank checks and other payment methods for the payment of the purchased products, in case he proves that he has taken all possible precautions based on the best knowledge and experience of the moment and on the basis of ordinary diligence.
9.5. The Buyer shall never be considered liable for delays or mistakes in payment if he proves he has made the payment in the time and condition specified by the Supplier.
Liability for defects, damage proof and refundable damages: the obligations of the Supplier
10.1. In accordance of the articles. 114 ff. of the Consumer Code, the Supplier is liable for the damage caused by defects of the sold goods in case he fails to notify the Damaged party within three months of the request, the identity and address of the producer or of the person who supplied him with the good .
10.2. The above request by the Damaged, must be in writing and indicate the product which caused the damage, the place and date of the purchase; It must also contain the offer of the product, if it still exists.
10.3. The Supplier shall not be considered responsible for the consequences originated from a faulty product if the defect is due to the conformity of the product, an imperative legal rule or a binding measure, in other words if the scientific and technical knowledge at the time when the Supplier produced the product did not allow to consider the product as faulty.
10.4. No refund will be due if the Injured party was aware of the defect of the product and the following danger and nevertheless he voluntarily exposed himself to.
10.5. In any case, the Damaged party will have to prove the defect, the damage and the causal relationship between defect and damage.
10.6. The Damaged party will be entitled to claim a compensation for the damages caused by death, or personal injury or destruction or determination of something from the faulty product provided that it is of the kind that normally intended to the use or private consume and mainly used by the Damaged party.
10.7. In pursuance of art. 123 of the Code of consumer, the damage to things will be compensated only in amounts exceeding the sum of € 387.
Warranties and Customer care
11.1. The Supplier is liable for any possible deficiency of conformity which appeares within a period of 2 years from the delivery of the goods.
11.2. To the purpose of this contract, consumer goods must satisfy contract’s criteria if the following circumstances coexist: a) are suitable to use for which goods of the same category are normally used; b) they comply with the description given by the Seller and possess the goods qualities the Seller has presented to the consumer as a sample or model; c) show the quality and usual performance goods of the same kind reasonably expected by the Consumer, considering the nature of the good, and if it is possible, the public declaration on the specific features of the good made by the Seller, the Producer or his agent or representative, in particularly in publicity or on the labeling;
d) are also suitable to the specific use chosen by the consumer and that this one has informed the Seller at the conclusion of the Contract and the seller has accepted even for conclusive circumstances.
11.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within two months since when the defect was discovered. The complaint is not required if the Seller has recognized the existence of the defect or has concealed it.
11.4. In any case, unless it is contrary proved, it is assumed that the deficiency of conformity which appear within 6 month from the good delivery already existed at that date, unless such a theory is incompatible with the good nature or with the deficiency nature.
11.5. In case a product does not satisfy the standards, Buyer will be allowed to ask, without any charge at the following indicated conditions of conformity deficiency, the repairing or replacement of the purchased item, a reduction of the purchase price or the dissolution of this contract, unless the request results objectively not impossible to satisfy, or excessively to satisfy for the Supplier in accordance to art. 130, paragraph 4, of the Consumer Code.
11.6. The request will have to be sent in writing or by a registered letter sent to the Supplier, who will indicate his availability to satisfy the request, or the reasons that prevent him to do it, within 7 working days from delivery.
In the same letter, where the Supplier has accepted the request, he will have to indicate the conditions of delivery or return of the good, as well as the deadline for the return or replacement of the faulty good.
11.7. Should repair or replacement be impossible or excessively expensive, or the Supplier has failed to provide the repair or replacement of the goods within the period previously indicated, or al last the replacement or repair previously made have caused significant inconveniences to the Buyer, this one, at his choice, can claim an appropriate reduction of the price or rescission of the contract. The Purchaser will be allowed to send his request to the Supplier, who will indicate his own to carry on the practice, or the reasons that prevent him from doing it within 7 working days from the receipt.
11.8. In the same communication where the Supplier has accepted the Purchaser request, he will have to indicate the reduction of the proposed price or the return of the faulty good. In such cases the Buyer will have to indicate the condition for the refund of the amounts previously paid to the Supplier.
12.1. The Buyer agrees to pay the price of the purchased goods within times and conditions specified by the contract.
12.2. Once the online purchase process is concluded, the Buyer will have to keep and print this contract.
12.3. The dates contained in this contract have already been examined and accepted by the Purchaser before purchase confirmation.
Right of withdrawal
13.1. The Purchaser has, in any case, the right to withdraw from the contract without any penalty and without specifying the reason within the term of 10 (ten) working days from the day of receipt of the purchased good.
13.2. In case the Supplier has failed to give information about the existence, time and conditions concerning the return or collection of the goods in case of the exercise of the right of withdrawal in pursuance of Art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is ninety (90) days from the date of receipt of the goods by the consumer.
13.3. In case the Buyer decides to exercise the right of withdrawal, he has to inform the Seller by e-mail to the e-mail address: firstname.lastname@example.org. That e-mail will be replied with the directives to follow the right by free withdraw (Italy only) by the courier indicated by the company. For countries outside the Italian territory, shipping costs will be borne by the buyer.
13.4. To be entitled to a full refund of the paid price, except for the delivery costs, the goods must return intact, and in any case, normally presented in the original box and with its original packaging. Damaged, scratched products, and used or with signs due to transportation, installation or use of the good itself will not be refunded.
13.5. The Purchaser cannot exercise such right of withdrawal for tailored or clearly personalized products or that, for their nature, they cannot be returned because they are liable to deteriorate or expire rapidly, such as: newspapers, periodicals and magazines , and goods whose price is linked to fluctuations of the financial market, which the Seller is not in condition to control and in any other case provided by art. 55 of the Consumer Code.
13.6. The Supplier will provide for the refund of the entire amount paid by the Buyer within thirty (30) days of receipt of the notice of withdrawal.
13.7. With the receipt of the notice by which the Purchaser notifies the exercise of the right of withdrawal, the parties of the current contract are released by the mutual obligations, except for the points provided in the previous paragraphs of this Article.
14.1. The obligations described in paragraph 12.1, assumed by the Buyer, as well as the guarantee of payment by conditions indicated in paragraph 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in paragraph 6, are considered essential. Therefore, by expressed agreement, the failure of one of these obligations, if not due to force majeure, will determine the end of the contract in pursuance of Art. 1456, without any judicial decision.
Purchaser protection of the privacy and data processing
15.1. The Supplier protects the privacy of his own customers and guarantee that the processing of data in accordance with what provided by the Legislation on the privacy of Jun. 30, 2003, n. 196.
15.2. The Personal and fiscal data directly acquired and / or through third parties by the Supplier OFFICINE ITALIANE ZARD SRL who is the data controller, are collected and processed in paper, telematics, electronic format, according to processing conditions to register the order and, as consequence, start this contract with all necessary communications and fulfillment of any legal obligations as stated in art. 24, paragraph 1, lett. b, Legislative Decree no. 196/2003.
15.3. The Supplier has the obligation to treat data and information sent by the Buyer with confidentiality and not disclose them to unauthorized persons, neither to use them for purposes different from those for which they were collected, or to send them to third parties data as confidential information and should not disclose to unauthorized persons. This information may be disclosed only upon request of the court or other authority authorized by law.
15.4. Personal data will be transmitted, prior signing confidentiality obligation of the same data, only to persons delegated to carry out necessary activities for the execution of the contract and transmitted only for that purpose.
15.5. According to the Article. 7 of Legislative Decree no. 196/2003, the Purchaser benefits of the rights to obtain:
a) the updating, rectification or, when interested, the integration of data;
b) the cancellation, transformation in anonymous form or the block of data processed unlawfully, including those whose preservation is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the certification that the operations described at points a) and b) have been notified, also for their contents, to those to who the data were communicated or distributed to, except for the case in which such fulfillment proves impossible or involves a use of evidently disproportionate means to the protective right. The person concerned has the right to oppose to in whole or in part: i) for legitimate reasons to the processing of personal data, pertinent for collection purposes;ii) the processing of personal data concerning the sending of advertising materials, or direct selling, or for market research or commercial communication.
15.6. The communication of personal data by the Purchaser is a necessary condition for the proper and prompt execution of this contract. Failing this, the request cannot be accepted by the Supplier.
15.7. In any case, the data will be kept for a period of time no longer than necessary for the purposes for which they were collected or subsequently processed. Their removal will take place in a secure manner.
15.8. The Supplier is responsible for the collection and processing of personal data. The Purchaser will address any request to the Supplier.
15.9. Any communications sent to the email (even electronic) of the Center (requests, suggestions, ideas, information, materials, etc..) will not be considered information or data of a confidential nature, it will not violate the rights of others and it will contain valid information, not damaging the rights of others and truth, in any case it cannot be attributed to the Centre any responsibility for the content of the messages themselves.
Contract filing system
16.1. In accordance to art. 12 of Legislative Decree no. 70/2003, the Supplier shall inform the Purchaser that each order is stored in digital / paper copy at the headquarter of the Supplier according to criteria of confidentiality and security.
Communications and complaints
17.1. The communications in writing to the Supplier and any complaints will be considered valid only if sent to the following e-mail address email@example.com. The Purchaser shall indicate on the registration form his residence or domicile, telephone number, email address to which notices are to be sent by the Supplier.
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Asti and resolved in accordance to the Conciliation Rules adopted by it.
18.2. If the Parties intend to appeal to an ordinary judicial authority, the competent court is the one of the place of residence or domicile chosen by the consumer, in accordance to the art. 33, paragraph 2, letter. u) of Legislative Decree no. 206/2005.
Applicable law and indictment
19.1. This contract is governed by Italian law.
19.2. Although it is not expressively provided, all rules of law linked to circumstances provided in this contract are applied, and in particular the art. 5 of the Rome Convention of 1980.
19.3. According to the art. 60 of Legislative Decree no. 206/2005, it is expressly herewith invoked the legislation contained in Part III, Title III, Chapter I of the Legislative Decree no. 206/2005.
This contract abrogates and replaces all prior agreements, understandings, negotiations, in writing or oral, previously intervened between the Parties concerning the subject of this contract.
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