General terms and conditions of sale
Identification of the Supplier
The goods subject to these terms and conditions are offered on sale by ExtremeXTuning S.a.s. company, which has its registered office in Santo Stefano di Magra (SP) 8, Via Torino, registered at the Chamber of Commerce in La Spezia n°113183 REA in the register of Companies, fiscal code and vat 01251790117 below indicated as "Supplier".
Art.1 - Definitions
1.1 - For sale contract on line we mean the contract for the sale of the material goods concluded between the Supplier and the Purchaser, in the context of a system of distance selling through telematic means, set up by the Supplier.
1.2 - The term "Purchaser" is referred to the natural or legal person who carries out the purchasing.
1.3 - The term "Supplier" is referred to the person indicated in epigraph.
Art.2 - Object of the contract
2.1 - With the present contract, respectively, the Supplier sells and the Purchaser buys at a distance, through telematic means the material goods displayed and offered for sale on the website www.accessoriscooter.com
2.2 - The products referred to in the above paragraph are displayed on the website www.accessoriscooter.com
2.3 - It is implied that the photo of the product may not show perfectly its characteristics.
2.4 - The present general conditions of sale are integral part of the sale contract between the Purchaser and the Supplier.
Art.3 - Terms of drawing up the contract
3.1 - The offer displayed on the website www.accessoriscooter.com is public according to art.1336 c.c.
3.2 - Before going on with the product purchasing, the Purchaser should carefully read the general conditions of sale and by communicating the order form he accepts them unconditionally and engages himself to respect them.
3.3 - To make an order the form on the site needs to be filled out and the electronic shopping basket to be used by following the instructions displayed during the transaction, by logging in the member’s area of the site www.accessoriscooter.com with your username and password.
3.4 - The contract between the Supplier and the Purchaser can be made only by internet through the access of the Purchaser to the address www.accessoriscooter.com where by following the procedures set out the Purchaser will formalize the order for the purchasing of the goods referred to in point 2.1 of the previous article.
Art.4 - Conclusion and effectiveness of the contract
4.1 - The purchasing contract can be considered concluded, except out of stock (referred to the art.8 next) only when the Supplier will receive the order form .
4.2 - The order consists in the correct filling in of the enquiry form and the consent to purchasing expressed through the consent sent on line that is the filling in of the form enclosed with the electronic catalogue on line to the address www.accessoriscooter.com and the following sending of the form itself, always after viewing the display web page summary of the order, printable, which reports the data of the Purchaser and of the purchasing order, the price of the purchased product, the delivery costs and any added fees, terms of payment , the address where the goods will be delivered and delivery times.
4.3 - Once the Supplier receives the order by the Purchaser, the system will automatically send an e-mail of confirmation and it will be possible to display, in the reserved area of the user, the summary of the order carried out in which the data above mentioned are reported too.
Art.5 - Terms of payment and refund
5.1 - The payment by the Purchaser may be carried out only according to the procedures indicated on the website before the sending of the order.
5.2 - Methods of payment:
- Advance bank transfer
- Cash on delivery
- Credit card
- Postepay recharge
- Advance bank transfer
- Credit card
5.3 - In the event of payment by advance bank transfer or Postepay recharge, the system will automatically send an e-mail with the necessary details needed to proceed with the payment and the order will be dispatched only after the receipt of the bank credit or of the recharge. The Purchaser should send the Supplier the receipt of the prepaid payment by email (firstname.lastname@example.org) by fax (0187/695109) ( bank credit or recharge). It is implied that the payment must be made not later than seven days from the date of receipt of the order form.
5.4 - In order to protect holders of credit cards from fraudulent uses , the Supplier reserves the right to ask for the sending of any document certifying the ownership of the card.
5.5 - Any refund to the Purchaser will be credited by bank transfer or paypal according to his preferences.
5.6 - All communications relating to payments are made on a special line of the Supplier protected by a cipher code. The Supplier will guarantee the data storage of these information by using a further level of safety device and in accordance with the legislation about protection of personal data.
Art.6 - Delivery and time terms
6.1 - The Supplier will provide to deliver the ordered products by express courier .
6.2 - The courier will deliver during the day by 6.00 p.m. , except Saturday and holidays. If the employee to the delivery is unable to find anyone will leave a notice ( with the address of the courier) and will try to deliver it twice again in the two following days ,then the envelope will be returned to the Supplier. In this case the Purchaser must support again the delivery costs and refund the costs of storage anticipated by the Supplier. For these reasons it is necessary to specify a suitable delivery place (workplace, office, home ..)
6.3 - The delivery will take place within 30 days from the date of the receipt of the product .
6.4 - The delivery times must be considered approximate and not binding on the Supplier . Delivery times are based only on the regular normal terms of the dispatch of the order and on delivery times by the couriers.
6.5 - For Italy delivery times are about 24/48 hours if the products are in ready delivery. Otherwise if they are not available in stock , delivery times are specified in the item presentation to the heading “availability”.
6.6 - For Europe and the rest of the world the delivery times , in relation to the country of destination, are specified in the article to the heading “availability”.
6.7 - In the event that some of the products ordered were not available, the order will be dispatched when all the items will be available. It is implied that, if urgent, it will be possible to agree with the Supplier one or more delivery and for each of them the cost will be charged .
6.8 - The Supplier is not responsible for any delays which have occurred during the transport service.
6.9 - In the event that the Supplier is unable to respect the delivery times within the time limit referred to in point 6.2 , it will be given prompt notice by e-mail to the Purchaser.
6.10 - It is implied that any period of holiday break of the company is not included in the delivery times as indicated on the home page of the site www.accessoriscooter.com
6.11 - The delivery costs change in relation to the volumetric weight and are displayed in the shopping basket at the time of purchasing.
Art.7 - Prices
7.1 - The sale prices of the goods displayed on the website www.accessoriscooter.com are listed in Euros
7.2 - The above mentioned sale prices are inclusive of Vat, if due, and delivery costs.
7.3 - Once the item is added to the basket, the total price inclusive of delivery costs and details will be indicated.
7.4 - It is implied that any custom clearance, import taxes, added fees and commissions are to be paid entirely by the Purchaser.
Art. 8 - Availability of the products
8.1 - The supplier guarantees by means of telematic system the dispatch of the orders.
8.2 - To this end, he specifies on his electronic catalogue, the quantity of available and unavailable items and the delivery times.
8.3 - If the order should exceed the quantity in stock, or if the product should be out of production or sold-out, the Supplier will inform the Purchaser by email. In these events, the Supplier will ask the Purchaser if he would place the order anyway, change the product or ask for a refund in case he had already paid.
Art. 9 - Limitation of liability
9.1 - The Supplier does not take any charge of inefficiencies due to Act of God in the event that he cannot dispatch the order within the times set out in the agreement.
9.2 - The supplier will not be responsible towards the Purchaser unless criminal intent or gross negligence or events due to inefficiencies or malfunctions related to the usage of internet out of his control.
9.3 - The supplier will not be responsible of damages, losses and expenses sustained by the Purchaser following the failed execution of the contract for causes not due to the Supplier, as the Purchaser is entitled only to a full refund of the made payment.
9.4 - The Supplier does not take any charge of the eventual illegal, fraudulent use of credit cards, cheques and other methods of payment that could be done by a third party.
Art 10 - Responsibility for defect, proof of damage and refundable damages: the supplier’s duties
10.1 - Pursuant to art.114 and following of the consumer’s Code, the Supplier is in charge of the damage caused by the defects of the sold goods if he fails to notify the Injured party, within three months from the enquiry, the identity and domicile of the manufacturer or the person who supplied him with the goods.
10.2 - The above mentioned enquiry has to be made in writing by the Purchaser and it has to specify the product that caused the damage, the date and place of purchasing; it has to contain, moreover, the offer of the product, if still existing.
10.3 - No refund will be due to the Purchaser whenever he was aware of the defect of the product or the resulting danger notwithstanding he imperilled himself voluntarily.
10.4 - In any case the Injured party will have to prove the defect, the damage and the link between defect and damage.
Art.11 - Purchaser's duties
11.1 - The Purchaser engages to pay the price of the purchased product according to the chosen terms.
11.2 - The Purchaser engages to print and keep the contract once the transaction is concluded.
Art.12 - Right of withdrawal
12.1 - The Purchaser is entitled to withdraw from the contract, without any penalty and without giving reason, within ten working days from the date of the receipt of the purchased product.
12.2 - In the event that the Supplier didn’t inform the Purchaser about the existence, terms and return times or the withdrawal of the product in the case of exercise of the right of withdrawal according to art.52 of the Consumer Code, the Purchaser can make use of the right of withdrawal not later than 90 days from the receipt of the product.
12.3 - In the event that the Purchaser decides to make use of the right of withdrawal, he has to communicate it by registered mail with return receipt to the following address: Via Torino 8, 19037 Santo Stefano di Magra (SP), or by fax 0187/695109 or by email email@example.com as long as these notifications are confirmed by the dispatch of registered letter to the address Via Torino 8, 19037 Stefano Magra (sp) within 48 hours. Postmark on the receipt will bear witness. In order to exercise the right of withdrawal, the dispatch of the notification could be replaced by the return of the purchased item, according to the same terms. The date of delivery to the post office or forwarding agent will bear proof.
12.4 - The return of the product should take place within 30 days max. from the date of receipt of the product. In any case, to be entitled to the total refund, the product should be returned intact and well-preserved.
12.5 - The Purchaser could not exercise the right of withdrawal from contracts relating to made to measure and customized products or, that can’t be resent or may alter or deteriorate because of their features, or products whose prices depend on the fluctuation of the capital market not concerning the Supplier and in any other events set out in the Consumer Code.
12.6 - The only charge payable by the Purchaser in order to withdraw from the contract, according to the present article, is the cost of returning the goods to the Supplier.
12.7 - The supplier will refund the total amount paid by the Purchaser within 30 days from the receipt of the withdrawal notification.
12.8 - With the receipt of the notification by which the Purchaser communicates the exercise of the right of withdrawal, the parties of the actual contract are released from mutual obligations, except what is stated in the previous points of this article.
Art.13 - Cancellation clause
13.1 - The obligation according to 11.1 preceding and the payment within seven days from the placing of the order ( if it’s a bank transfer or Postepay recharge art 5.3) is fundamental, so, by express agreement, the non-execution of just one of the above mentioned obligations, where not caused by fortuitous event or Act of God, it will determinate the cancellation de jure of the contract ex art. 1456 c.c without needing judgement.
14.1 - The Supplier protects the privacy of his customers and guarantees that the data procession is in accordance with the privacy regulation pursuant and by effect of D. lgs, 30 th June 2003 n.196.
14.2 - Personal and fiscal data obtained by the Supplier ExtremeXTuning S.a.s, are collected and processed in paper, in computerized and telematic way in relation to the modalities of processing with the aim of registering the order and activating the procedures to exercise the actual contract and the related notifications, beyond the fulfilment of the eventual law duties, to guarantee the efficient treatment of business relations to carry out at best the required service (art.24 comma 1 lett. b D.lgs n. 196/2003).
14.3 - The Supplier engages to process reservedly the data and the information transmitted by the Purchaser and not to disclose them to unauthorised people, nor use them for different purposes or transmit them to a third party. These data could be shown only if required by the Law Authority or other entitled authorities.
14.4 - The notification of the Purchaser’s own personal data is the necessary condition for the correct and prompt exercise of the actual contract. In fault, the Purchaser’s enquiry, can’t be taken into account.
14.5 - In any case the data will be kept for a period not superior to that necessary for the required aims and they will be safely removed.
14.6 - The Supplier is the holder of the data and the data processing, the Purchaser could address any enquiry to the Supplier c/o the corporate headquarter.
14.7 It won’t be considered information nor confidential data, every notification that will be received by the Supplier, included e-mail. It won’t have to break others’ duties and it will have to contain valid information, not prejudicial to others’ duties and no responsibility will be given, in any case, to the Supplier for the content of the messages.
Art.15 - Terms of record keeping of the contract
15.1 According to art.12 D. Lgs.n 70/2003, the Supplier informs the Purchaser that each order is stored both in hard copy and soft copy on the server/ c/o the corporate headquarter according to privacy and safety standards.
Art.16 - Notifications and complaints
16.1 - The notifications to the Supplier and the eventual complaints will be considered valid only if sent to the following address Via Torino 8, 19037 Santo Stefano di Magra (SP) or sent by fax 0187/695109 or by email firstname.lastname@example.org
16.2 - The Purchaser indicates his place of residence or domicile in the registration form, the telephone number or email address where he wants to receive the Supplier's communications.
Art.17 - Place of jurisdiction
17.1 - Each controversy relating to the enforcement, execution, interpretation of the actual contract is submitted to the Italian jurisdiction.
17.2 - The controversies between the parties, in relation to the actual contract, are under the cognizance of the jurisdictional court of the Resident, if he is a consumer. In the other events, the territorial competence is that of the Law Court of Sarzana.
Art.18 - Enforceable law and cross-reference
18.1 - The present contract is regulated by the Italian law.
18.2 - Regarding what not expressly specified here, the rules enforceable to the business relations set out in the actual contract, are to be followed
Art.19 - Final clause
19.1 - The present agreement annuls and replaces any agreement, negotiation, written or oral, occurred between the parties and concerning the object of this contract.
According to and due to the articles 1341 and 1342 of the c.c the buyer declares that every clause of this contract has been object of individual talks and in any case he approves the terms as provided by the articles:
- Art.2 (Object of the contract)
- Art.3 (Terms of drawing up the contract (Terms and conditions))
- Art.4 (Conclusion and effectiveness of the contract)
- Art.5 (Terms of payment and refund)
- Art.6 (Delivery and time terms)
- Art.7 (Prices)
- Art.8 (Availability of the products)
- Art.9 (Limit of liability)
- Art.10 (Responsibility for defect, proof of damage and refundable damages: the supplier’s duties)
- Art.11 (Purchaser’s duties)
- Art.12 (Right of withdrawal)
- Art.13 (Causes of cancellation)
- Art.15 (Terms of record keeping of the contract)
- Art.16 (Notifications and complaints)
- Art.17 (Place of jurisdiction)
- Art.18 (Enforceable law and cross-reference)
- Art.19 (Final clause)