Terms of sale with consumers

Home Terms of sale with consumers
1. PARTIES
1.1 Unit Garage Srl, with registered office at 47832 - San Clemente (RN), Italy, Via Annibolina n. 19; C.F.and VAT number 04242270405 (hereinafter referred to as “Unit”) AND natural persons who purchase products from Unit for purposes not related  to their professional activities, i.e. consumers as defined by Legislative Decree n°.  206/2005 “Codice del Consumo” (hereinafter referred to as “the Consumer / Consumers”).

2. SCOPE OF APPLICATION AND SUBJECT OF THE CONTRACT
2.1 These General Conditions shall apply to the remote/ online sale contracts entered into between Unit and the Consumer, via the website: http://www.unitgarage.it (hereinafter referred to as “the Unit Website”), regarding those products featured on the Unit Website (hereinafter referred to as “the Products”)
2.2 These General Conditions do not apply, solely by way of example, to:
a) The sale of Products to subjects with access to the restricted areas of the Unit Website;
b) The sale of goods by third parties, other than Unit, that feature on, or with links, banners or other hyper textual links from, the Unit Website.
2.3 These General Conditions may  be waived  by the Parties in writing.

3. EXECUTION OF THE CONTRACT
3.1 In order to proceed with the purchase of the Products the Consumer shall be requested to:
a) Declare preliminarily that it is acting as a “Consumer”;
b) Read and accept, through the “point and click” function, these General Conditions (a copy of which can be  saved or printed);
c) Fill in all fields of the relevant e-form provided on the Unit Website (hereinafter referred to as “the Form”); the Form is understood to be  the  order/contractual proposal (hereinafter referred to as “the Order”).
The Form shall contain a summary of the General Conditions, the main features of each Product and its relative price (including applicable taxes or duties), methods of payment the Consumer may use, method of Products delivery, shipment and delivery costs, Consumer right to withdrawal conditions, methods and time restrictions for returning Products purchased;
d) Check, identify and amend any possible mistakes in the details specified on the Form;
e) Send the Form to Unit via the web;
3.2 The Form shall be stored in the data base of Unit for the period of time necessary to execute the Orders and as per legal provisions. The Consumer (if a registered user) may access his/her Form, consulting the “Order list” section, in the “user profile” section of the Unit Website
3.3 Unit shall send the Consumer, to the email address specified in the Form, an automatic Order Confirmation (hereinafter referred to as “the Order Confirmation”) containing a summary of the information specified in the Form, such as, by way of example, the conditions applicable to the contract, the main features of the Products sold; detailed pricing, means of payment, shipping costs, applicable taxes and withdrawal conditions;
3.4 The contract shall be deemed to have been entered into at the time Unit sends the relative Order Confirmation;
3.5 Notwithstanding the sending of the Order Confirmation, Unit shall have the right NOT to execute Orders pursuant to clause 3), in the following cases:
a) Unit has not received payment for the Products;
b) The details provided by the Consumer in the Form are incomplete and/or incorrect;
c) The Products ordered by the Consumer are not available or temporarily not available;
d) The Consumer requests one-off items (i.e. products manufactured upon specific Consumer  request that differ from standard Products) which are not in compliance with safety regulations or are not technically sound;
3.6 Should Unit NOT intend to execute an Order, it shall timely, and in all cases within and no later than 30 (thirty) days from the day following the sending of the Order, perform the following activities:
a) Inform the Consumer by email;
b) Refund the Consumer the sums paid as purchase price.

4. PRODUCTS FEATURES
4.1 The Products are NOT approved for use on the road and therefore may only be used for exhibitions, shows, fairs and for road circuits closed to public transit;
4.2 Unit shall NOT therefore be responsible should the Consumer use the Products for travelling on normal roads.

5. PRICES AND METHODS OF PAYMENT
5.1 Payment of the price of the Products may be made by the Consumer  as follows:
a) via Paypal;
b) via bank transfer to the following bank account:
RIMINI BANCA 
Agency: S Andrea in Casale
IBAN IT 50 B 08995 68110 030000051244
For payments from abroad:
SWIFT BIC Code: ICRAITRRRN0 ( the last is a zero )
NB. The purpose of the bank shows the words "Purchase Unit Garage" + "order number" which will arrive via e-mail.
c) via credit card.
5.2 The price of Products and delivery charges shall be debited to the Consumer’s current account, as specified in the Form, at the time of Order.

6. DELIVERY TIME
6.1 The maximum delivery time is 60 (sixty) days from the sending of the Order Confirmation;
6.2 The Consumer agrees to waive any claims for damages and agrees not to cancel the Order in the case of delivery delays of less than 60 (sixty) days from the term stated in clause 6.1) above;
6.3 Should the delivery time exceed 120 (one hundred and twenty) days starting from the sending of the Order Confirmation, Unit shall inform the Consumer, via email, as to the new delivery date;
6.4 The Consumer, upon receipt of the email communication, pursuant to the above clause, shall have the right to exercise one of the following options:
a. Confirm the new delivery date; or
b. Cancel the Order and request  reimbursement of the sum paid pursuant to clause 5);
6.5 Should the Consumer exercise his/her right pursuant to clause 6.4 letter b), then s/he agrees to waive any claim for damages  connected with delivery delay;
6.6 The Consumer shall exercise his/her right pursuant to clause 6.4 by sending an email communication to Unit. .

7. RIGHT TO WITHDRAWAL
7.1 Before Products have been shipped, the Consumer may exercise his/her right to withdraw, without penalty, communicating such withdrawal from the Order by email  within 10 (ten) days from the date of the Order;
7.2 After Products have already been shipped, the Consumer may exercise his/her right to withdraw, communicating such withdrawal within 10 (ten) working days from the date of receiving the Products, by means of registered letter with return receipt (hereinafter referred to as “the Notice”). The Notice may also be sent, within the same time limit, by telegram, fax and/or email, providing that it is confirmed by registered letter with return receipt within the following 48 (forty–eight) hours;
7.3 The Notice must contain:
a. The will to withdraw from the contract;
b. The details necessary to identify the Order;
c. The details of the Product / Products relative to which it is intended to exercise the right of withdrawal;
7.4 The right to withdrawal shall be deemed to have been correctly exercised when all the following conditions have been complied with:
a. The Notice is been sent  to Unit pursuant to  clause 7.2;
b. The Notice contains the details pursuant to clause 7.3;
c. The Products have not been used, modified and/or damaged;
d. The Products shall be returned in their original packing;
e. The Products shall be sent to Unit in a single shipment  within 15 (fifteen) days from  receipt of the Products on the part of the Consumer. Unit reserves the right to refuse to accept back articles from the same Order that are returned and shipped at different times;
7.5 Immediately upon receipt of the Products, pursuant to clause 7.4 letter e), and providing that the right to withdrawal has been correctly exercised pursuant to clause 7.4, Unit shall:
a. Notify the Consumer by email as to receipt of the returned Products;
b. Reimburse the Consumer the amounts paid as purchase price within 30 (thirty) working days starting from the date on which Unit became aware of the Consumer exercising his/her right of withdrawal;
7.6 The actual time for the re-credit or return of the amounts pursuant to clause 7.5 letter b) may vary according to  the credit/debit card used and therefore Unit shall not be held responsible for any delay in re-crediting. In all cases, the actual date on which the amount shall be re-credited  shall be the same as the debit date, hence the Consumer shall not bear any losses in terms of bank interest. The above-referred to reimbursement shall be made by Unit to the party that made the payment, even when s/he is not the recipient of the Products specified in the Form;
7.7 The only costs to be borne by the Consumer for exercising his/her right to withdrawal, pursuant to  clauses 7.2 – 7.5 shall be those of returning the Products to Unit;
7.8 Should the Consumer NOT have exercised his/her right to withdraw in compliance with the provisions of clause 7, Unit shall inform the Consumer of the same by email. In this case the Consumer may choose, communicating his/her decision to Unit via email, to have the Products purchased returned to him/her at his/her own cost; should the Consumer not be interested in this option then Unit reserves the right to retain the  Products and the corresponding amount paid for the purchase of the same.

8. PACKAGING
8.1 The Products shall be packed and made ready for shipment using  the ordinary care and techniques demanded by the nature of the Products, and shall be  protected as necessary for normal transport conditions;
8.2 Any special packaging or additional services must be specifically requested by the Consumer with the costs for the same being exclusively on the charge of the latter.

9. PRODUCT DELIVERY AND LIMITS OF RESPONSIBILITY
9.1 The delivery of products is intended as being  Ex Works – Incoterms 2010 – ICC – Unit’s registered office and premises, by means of a carrier selected by Unit with expenses and shipment on the Consumer’s charge, as specified in the Form;
9.2 The Products shall be delivered by Unit to the Consumer at the address of the latter specified in the Form. Unit shall inform the Consumer by email that the Products have been shipped;
9.3 Should the Consumer be absent at the time of delivery, notice shall be left by the carrier, following which it shall be the Consumer’s responsibility to contact the carrier as soon as possible in order to arrange delivery;
9.4 Unit shall not be responsible for any mismanagement, delays or omissions in delivery caused by misadventure or force majeure. In all cases, the responsibility of Unit for delays in delivery shall not exceed the shipping costs borne by the Consumer;
9.5 Unit shall NOT be responsible for, with these General Conditions not applying to, the sale of services or products by the third parties specified in clause 2.2 letter b) or for any contractual relationships entered into between said parties and Unit Website users.

10. WARRANTY – REPORTING FAULTS AND DEFECTS
10.1 Unit guarantees to the Consumer that the Products shall conform to the technical specifications specified in the Order and thus shall be free from faults and defects;
10.2 Minor discrepancies due to the handcrafting of the Products, such as, solely by way of example, imperfections in holes/couplings which do not affect the functionality and/or appearance and/or image  of the Products are NOT to be considered as faults or defects;
10.3 Unless otherwise specified in the Order Confirmation, Unit warrantees the Products supplied for 24 (twenty-four) months from the delivery date;
10.4 This warranty does not cover Product parts subject to normal wear or any consumable materials supplied;
10.5 The warranty, pursuant to this clause, shall immediately become void in the case of:
i. Tampering, disassembly, bad or erroneous use, bad or erroneous maintenance and/or storage of the Products and failure to comply with the guidelines set out in the assembly manual by means of a video supplied together with the Product;
ii. Use of spare parts not supplied by Unit;
iii. Late payment on the part of the Consumer of sums due to Unit;
10.6 The Consumer must inspect the Products purchased within the shortest possible time and, in all cases,  must report any faults and/or defects  to Unit, by fax, with follow up confirmation to be sent by registered letter with return receipt within a maximum of  8 (eight) days from the receipt of the Products, or from the discovery of faults, in the case of non-evident faults. It is understood that claims or objections do NOT entitle the Consumer to suspend or delay payments;
10.7 The Products shall be recognized as being faulty and/or defective only once Unit has ascertained and confirmed the existence of the fault and/or defect  and has duly informed the Consumer of the same by email;
10.8 Except in circumstances of fraud or serious fault, under no circumstances shall Unit be held to provide compensation for direct or indirect damages of any kind deriving from the Products.

11. REPLACEMENT AND REPAIR UNDER WARRANTY
11.1 The warranty covers:
i. Repair of products acknowledged to be defective and/or faulty;
ii. Replacement of products acknowledged to be defective and/or faulty where repair is not possible or where Unit considers it inappropriate;
11.2 Unit shall NOT be liable for any additional charges or services other than those specified in clause 11.1 above;
11.3 Products replaced must be returned to Unit, at Unit’s  charge, within 7 (seven) days from the receipt of the communication  as per clause 10.7 above. Unit , at its unchallengeable choice, may proceed to provide replacements authorizing the Consumer NOT to return the Products.

12. EXEMPTION FROM LIABILITY
12.1  Unit shall NOT be responsible for any direct or indirect damages to the Consumer or to persons/things/animals that occur in connection with the incorrect use and/or assembly of the Products, inadequate maintenance or repairs carried out by non-authorized technical personnel;
12.2 Unit shall NOT be responsible for any accidents or damages to the Consumer or to third parties that occur at the time of, or during, Product loading, unloading, assembly or  installation procedures.
12.3 The Consumer expressly exonerates Unit from any liability pursuant to clauses 12.1 and 12.2, being obliged to hold it entirely indemnified and blameless;
12.4 Unit shall NOT be responsible for the supply of services or products by the third parties pursuant to clause 2.2 letter b) or for any contractual relationships or relationships of any other nature, entered into between those third parties and Unit Website users.

13. CONSUMER OBLIGATIONS
13.1 The Consumer acknowledges the importance and significant  industrial and commercial value of information related to the Products, of know-how and of technical and commercial information of Unit such as: drawings, reports, documents, formulas, catalogues, manuals, F.A.Q.s, product codes, price lists and correspondence (hereinafter referred to as “the Information”), which it may directly or indirectly learn of, or come into possession of, and it hereby undertakes not to divulge or use the afore-said Information, even after the termination of the contract;
13.2 In consideration of the provisions of clause 13.1 above , the Consumer undertakes not to reproduce, disclose or use the Information, in any form, in order to carry out, or let third parties carry out, any activities competing, even potentially, with those of Unit (including after the termination of the contract), either directly or indirectly, by itself and/or through third parties;
13.3 Access to the Information does not constitute any right of the Consumer on the same, with the express exclusion of any transfer of patent rights or any other rights on the Information.

14. FORCE MAJEURE
14.1 Unit shall NOT be responsible for failure to comply with any of its obligations should this be due to reasons of force majeure. Examples of events which constitute circumstances of force majeure include: wars, civil unrests, fires, floods, power supply blackouts, strikes and serious difficulties in obtaining supplies;
14.2 If the cause of force majeure persists for a period exceeding  6 (six) months, then both Parties shall be entitled to terminate the contract.

15. GOVERNING LAW
15.1 The contract and these General Conditions shall be governed by Italian law and shall be interpreted on the basis of the same.

16. NOTICES
16.1 All notices required or demanded in accordance with the contract or these General Conditions shall be deemed to be valid if sent to  the following addresses:
• For Unit: to the contact details specified by the Consumer in the Order;
• For the Consumer: to the contact details of Unit: 47832 - San Clemente (RN), Italy, Via Annibolina n. 19; Fax: +39 0541 980625; Email: info@unitgarage.com.

17. LANGUAGE
17.1 These General Conditions are written in both the Italian and English language. In case of discrepancy, the Italian language text shall prevail over the English language text.

18. COMPETENT COURT
18.1 All disputes arising from, or in connection with, this contract and/or these General Conditions, including those related to their validity, efficacy, interpretation, carrying out and termination, shall be settled by the Judge of the place of domicile Unit domicile and therefore the disputes shall be settled in front of the Rimini Civil Court.

19. PRIVACY
19.1 According to Italian legal privacy regulations, Unit hereby informs the Consumer that personal details (date/place of birth, identity card number, tax/company code, etc) relative to both corporate entities that enter into relationships with Unit, and also the data of natural persons that act on their behalf, shall be collected, stored, reordered, memorized and processed for accounting-administrative purposes.
In particular, personal details may be used for the following purposes: to handle orders and invoices; to stipulate possible contracts (including credit insurance agreements towards Consumers and  credit assignment contracts), to manage suppliers; to fulfill any contractual or legal obligations. The above-referred to details may be communicated to third parties in connection with the purposes for which they have been obtained and collected.
19.2 The information in clause 19.1 above is provided pursuant to Italian legal privacy regulations and the Consumer declares to consent to the processing of the above-referred to details by Unit, as provided for by law. Furthermore, the Consumer declares that s/he is fully aware of the contents of article 13 of Legislative Decree n°. 196 of 30th June 2003, which is available on the Unit Website under “Privacy Policy” in relation the “rights of the interested party” .

According to articles 1341 and 1342 of the Italian Civil Code, the Consumer declares to have expressly acknowledged and accepted the following clauses:
Art. 3): “Execution of the contract” (Clauses 3.4 – 3.5 – 3.6);
Art. 4): “Products feature” (Clause 4.2);
Art. 5): “Prices and method of payment” (Clause 5.2);
Art. 6): “Delivery time” (Clauses 6.1- 6.2 – 6.3 – 6.5 – 6.6);
Art. 7): “Right to withdrawal” (Clauses 7.4 – 7.5 – 7.6 - 7.7 – 7.8);
Art. 9) “Product delivery and limits of responsibility” (Clauses 9.1 – 9.3 – 9.4 – 9.5)
Art. 10): “Warranty – Reporting Defects and Non-conformities” (Clauses 10.2 – 10.3 – 10.4 - 10.5 – 10.6 – 10.7 – 10.8);
Art. 11): “Replacement and Repair under Warranty” (Clauses 11.1 – 11.2 – 11.3);
Art. 12): “Exemption from Liability” (Clauses 12.1 – 12.2 – 12.3 – 12.4);
Art. 13 “Consumer obligation” (Clauses 13.1 – 13.2 – 13.3);
Art. 14) “Force majeure” (Clauses 14.1 – 14.2 – 14.3);
Art. 15): “Governing Law”;
Art. 17): “Language”;
Art. 18):“Competent court”.
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