General Conditions of Sale , effective from 12/01/2023.
This information is provided for the site https://motointercom.eu/shop/it/ (Site).
Seller data: ELIGGI UMBERTO, Via Ennio Visca 55 – 00048, Nettuno (Rome) Italy, Chamber of Commerce of Rome, VAT number: 00383871001, REA: RM – 552473, Email: email@example.com, Telephone: +39 06 9854933 (Seller).
Art. 1 Scope of application
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 If made possible by the Site, entering your tax code when making a purchase implies that you are acting as a consumer pursuant to art. 3, I paragraph, lett. a) of the Consumer Code (Legislative Decree 6 September 2005, n. 206). It should be remembered that the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out qualifies as a Consumer. If, on the other hand, the possibility is given to enter the VAT number (yours or that of a legal person), this implies a purchase as a "Professional", pursuant to art. 3, paragraph I, lett. c) of the Consumer Code. The natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or one of his intermediaries, holds the quality of Professional. The implications of buying as a Consumer rather than a Professional will be described later in this document.
1.3 The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are to be understood as merely indicative. The colors may differ from the real ones due to the settings of the IT systems or the computers you use to display them.
1.4 The General Conditions of Sale can be modified at any time. Any modifications and/or new conditions will be in effect from the moment of their publication on the Site. You are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.5 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.6 These General Conditions of Sale do not regulate the sale of products and/or services by subjects other than the Seller which may be present on the Site through link , banners or other hypertext links.
1.7 Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale.
1.8 The Seller is not responsible for the supply of services and/or for the sale of products by such subjects.
1.9 On the websites that can be consulted via these links, the Seller does not carry out any checks and/or monitoring. The Seller is therefore not responsible for the contents of these sites or for any errors and/or omissions and/or violations of the law by them.
1.10 You are required to carefully read these General Conditions of Sale as well as all the other information that the Seller provides on the Site, even during the purchase procedure.
1.11 The Seller cannot under any circumstances be held liable towards you or third parties for any indirect, incidental, special or consequential damage. This includes, without limitation, any loss of income or other indirect loss resulting from the use of the Site or from the inability to use it. The Seller cannot guarantee or affirm: (i) that the Site is free from viruses or programs that could damage data; (ii) that the information contained on the Site is accurate, complete and up-to-date.
1.12 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.13 All elements of the Site are owned by the Seller or by third parties. Unless specifically authorized in writing by the Seller, it is forbidden to reproduce, in whole or in part and by any means whatsoever, distribute, publish, transmit, modify or sell all or part of the content of the Site.
Art. 2 Purchases on the Site
2.1 To make purchases on the Site it is necessary to follow the procedure on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.
2.2 You undertake to inform the Seller immediately if you suspect or become aware of any improper use or disclosure of any information you enter on the Site.
2.3 You guarantee that the personal information provided is complete and truthful and you undertake to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation of this commitment. You undertake to immediately inform the Seller in the event that you suspect or become aware of any improper use or disclosure of your access credentials to the Site.
2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.
2.5 To place orders on the Site it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
2.6 The Seller is the only counterpart of the user who intends to purchase one or more products through the Site and is therefore (i) the subject to whom the user directs his order, in order to accept the offer and conclude the contract sales; (ii) the person who assumes the pre-contractual obligations deriving from the offer towards the user; (iii) the subject who concludes the sales contract with the user, assuming the relative obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.
2.7 On the Site and in communications with customers relating to the Site, the Seller reserves the right to act under its commercial banner. Therefore, when the Seller's sign is used on the Site and/or in communications with customers relating to the Site or the first person plural ("We") is used, the reference is to be intended, in addition to the Site, also to the Seller .
2.8 The Seller does not give any guarantee that the Site is constantly functioning and operational. In fact, there may be updates to the CMS platform which could imply a temporary suspension of the service. The Seller does not assume any type of responsibility with reference to any type of injury or damage that the user may suffer from this circumstance.
2.9 After the purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller data; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any cost increase; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.
2.10 The colors of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the color of the Product is different from what was expected by the user. The user is invited to contact the Seller in case of doubts about the color of one or more Products on the Site.
Art. 3 Availability of Products
3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
3.2 Information on the availability of the Products is available on the Site. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it could happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product could be available for a short period of time, being, on the other hand, out of stock or not immediately available and being therefore necessary to wait for the restocking.
3.3 You will be informed in the event of unavailability of the Product ordered. In this case, you will be entitled to terminate the purchase contract. In any case, please consider that before requesting the termination of the contract, the Seller reserves the right to implement these measures:
- If a restocking is not possible, the Seller will supply a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.
- If a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term.
3.4 If a refund of the amount paid for the purchase of Products which later turned out to be unavailable is requested, the Seller will make the refund within a maximum period of 10 days.
3.5 In the event that you make use of the right of termination, the contract is terminated. In the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due) has already taken place, the Seller will reimburse the Total Amount Due in accordance with the provisions of the article "Methods of payment" below .
Article 4 Prices
4.1 Prices on the Site include VAT.
4.2 Furthermore, on the Website the prices also include the WEEE contribution, where applicable. You are invited to contact the Seller at the contact details indicated in the introduction to find out how to manage the product you own free of charge and which is equivalent to the Product you purchased.
4.3 The Seller reserves the right to modify the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any variations (increase or decrease) following the transmission of the same.
4.4 The free or otherwise of the shipping costs of the Products is indicated from time to time (in the purchase procedure, in the product sheet or in any case on the Site itself).
4.5 The Seller will ship the Products only after receiving confirmation of the payment authorization or after the Total Amount Due has been credited. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, however, will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.
4.6 The purchase contract is resolutely conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be cancelled.
4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to inform the customer of the correct price even after the conclusion of the purchase order. In this scenario, the customer has the right to accept the new price or to dissolve the purchase contract. The Seller may also cancel the Product purchase contract in these cases. The Seller may also cancel the sale if there is an error in the availability of the Product.
Art. 5 Methods of payment
5.1 This article describes the payment methods available on the Site. The user can read more information by accessing the section dedicated to "Payments" on the Site. The user can access this section directly from the footer of the Site.
5.2 On the Site you can purchase using payment cards. The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has released the debit authorization. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site during the purchase operation) and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site. The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the manager of the payments without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products. Accepted payment cards can be viewed in the footer of the Site and/or as part of the purchase process.
5.3 On the Site it is possible to pay by bank transfer. After submitting the purchase order, you will receive the bank details by email to proceed with the payment. If payment is not made within 3 calendar days, the Seller reserves the right to cancel the purchase order.
5.4 On the Site it is possible to pay by cash on delivery. This means of payment may be subject to an additional cost, indicated from time to time on the Site as part of the purchase process. It is possible that the cash on delivery is limited to orders exceeding a certain amount: in this case the Seller will give appropriate communication on the Site or as part of the purchase procedure.
5.5 If the value of the discount code is less than that of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for a single purchase. In no case can discount vouchers be converted into cash.
5.6 Any alternative methods other than those indicated above are or will be described in this article.
- On the Website it is possible to purchase the Products also using the service offered by Scalapay. If you decide to use this service, you can pay the Product in 3 installments (or in any other number indicated on the Website) without interest. In addition to these conditions of sale, the conditions of use of Scalapay apply, which we invite you to view by accessing www.scalapay.com.
- On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as the means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure established and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.
Art. 6 Delivery of the Products
6.1 The delivery of the Products is foreseen in: All countries, with the exception of any exceptions indicated on the Site and/or in the Product Sheet. The user can read more information by accessing the section dedicated to "Shipping" on the Site. The user can access this section directly from the footer of the Site. In case of inconsistency between what is indicated in this document and what is described in the section dedicated to Shipping, this last section will prevail.
6.2 The delivery obligation is fulfilled by transferring to you the material availability or in any case control of the Product.
6.3 Delivery time of the Products from the sending of the order: 15 days.
6.4 The term indicated in art. 6.3 is to be understood as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within 30 days of sending the order. It is up to you to check the condition of the delivered Product. It being understood that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially takes possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve . In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.
6.5 With reference to the possibility of requesting the delivery of the Products to a "collection point", the Seller informs you that the Site does not offer the possibility of collecting the Product at a "collection point" other than the address you communicated during the of the purchase process. In any case, you are invited to access the Site regularly to check if this delivery option is subsequently made available on the Site.
6.6 The user acknowledges that the withdrawal of the Product is his precise obligation. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and to request compensation for any damage suffered as a result of failure to collect the Product.
Article 7 Right of withdrawal
7.1 The user is invited to view this article with particular attention, which regulates the right of withdrawal.
7.2 The right of withdrawal is the right of the Consumer to dissolve the purchase contract without being obliged to provide a reason. If you purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are reported in this article 7. If there are no exceptions to the right of withdrawal, this article 7 is fully applicable.
- On the occasion of subsequent purchases, you are invited to view this article to verify the existence of exclusions to the right of withdrawal.
7.3 If you are a Consumer (and in the event that no exceptions to this effect apply) you have the right to withdraw from the Product purchase contract without having to provide any reason and without having to incur costs other than those provided for in this article within fourteen calendar days (withdrawal period). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you can write to the Seller to the contacts indicated in the Introduction, or use the contact form that may be present on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is from you sent before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as well as the responsibility for transporting them. In case of exercise of the right of withdrawal, the Product must be delivered to the Seller's headquarters, or to the different address communicated by the Seller. The Withdrawal Period expires after 14 days:
- in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
- in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
- in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
7.4 If the withdrawal is applicable, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier chosen by the Consumer and at the expense of the latter, the Seller may suspend the refund until receipt of the Products or until the Consumer demonstrates that he has returned the Products, if previous one. The Consumer is only responsible for the decrease in the value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present , still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the redemption amount an amount equal to this decrease in value. The Seller will communicate this circumstance and the consequent reduced refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund.
7.5 This article regulates a very important area relating to the return costs in the event of withdrawal.
In the light of the above, the Seller deems it appropriate to point out that the costs of returning the Product will be at your expense and under your responsibility.
Art. 8 Legal Guarantee of Conformity
8.1 The Legal Guarantee of Conformity is reserved for the Consumer. Therefore, it is applied only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that occurs within two years of such delivery. The action aimed at asserting the defects not fraudulently concealed by the Seller is prescribed, in any case, within the term of twenty-six months from the delivery of the goods.
8.3 Unless proven otherwise, it is assumed that the lack of conformity that occurs within twelve months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the twelfth month following the delivery of the Product, it will instead be the Consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.
8.4 In the event of a lack of conformity of the goods, the Consumer has the right to have it restored to conformity, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established by art. 135-bis and following of the Consumer Code.
8.5 The Seller is not liable in the event of damages, of any kind whatsoever, deriving from the use of the Product improperly and/or not in compliance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.
8.6 If you made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case the legal guarantee is governed by the art. 1490 and following of the civil code; in particular, the deadline for reporting any defects is 8 days from discovery and the action is prescribed 1 year from delivery.
Article 9 Manufacturer's Warranty
The Manufacturer's Guarantee is an additional guarantee with respect to the Legal Guarantee of Conformity possibly provided by the Seller on the Products. With the exception of what may be indicated on the Site, the Products sold on the Site are not covered by the Manufacturer's Warranty. In any case, you can assert your rights under the Legal Guarantee of Conformity governed by the previous article.
Art. 10 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
10.1 The purchase contracts concluded through the Site are governed by Italian law.
10.2 Without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence. Please note that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place in which the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent, pursuant to the provisions of the Introduction.
10.3 The Seller informs the user who qualifies as a Consumer that, in the event that he has lodged a complaint directly with the Seller, following which however it has not been possible to resolve the dispute thus arising, the Seller will provide the relevant information to the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not it intends to make use of these bodies to resolve the dispute itself.
10.4 The Seller also informs the user who qualifies as a Consumer that a European platform has been set up for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr . Through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.
10.5 In any case, the right of the Consumer user to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relationships by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00. The text of the regulation can be found on the website http://www.eur-lex.europa.eu .
Article 11 Customer service
11.1 It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller at the addresses indicated in the Introduction, or by using the contact form that may be present on the Site.
11.2 The Seller replies in an indicative time of 5 days.
Article 12 Miscellaneous
12.1 This document fully regulates the relationship between you and the Seller. In any case, the rights and obligations established by the law applicable from time to time are reserved.
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