Terms of sale with consumers

Home Terms of sale with consumers
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”).

2.1 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.

3.1 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.

4.1 Except in the case in which the product description or the order confirmation contain provisions to the contrary, the consumer understands that the products are not approved for road use and therefore can be used only for different uses such as for example: exhibitions, trade fairs or uses on closed circuit roads for public transit;
4.2 Unit therefore disclaims any liability in the event that the Consumer uses the Products for normal road traffic and will not be liable for damages caused to things and / or persons for any purpose other than that described in the previous clause.

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:
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.

6.1 Unit will send the Products as soon as possible from the moment it receives the payment. If Unit is not able to provide for sending the Products within 10 (ten) days after receipt of payment, Unit will notify the Consumer indicating the expected shipping date to be made within 30 (thirty) days after receipt of payment , and the customer can decide whether to accept this shipment date or cancel the order, obtaining a refund of the amount paid. In the event that the Consumer decides to cancel the order, he renounces to claim any compensation for damage caused by delay;
6.2 In the event of a delay of more than 30 days, the Consumer will be entitled to indicate to Unit a term to fulfill: if Unit does not fulfill the new term indicated, the Consumer will have the right to terminate the contract, request a refund of the amount paid in addition to a compensation in the maximum limit of 10% of the value of the products purchased.

7.1 Before the Products have been shipped, the Consumer will have the right to exercise the right of withdrawal, without any penalty, communicating the cancellation of the Order by e-mail within days 14 (fourteen) from the date of the Order;
7.2 After the Products have been shipped, the Consumer will have the right to exercise the right of withdrawal, communicating the withdrawal within 14 (fourteen) working days from the day he received the Products by registered letter with acknowledgment of receipt (hereafter, "the communication"). The Communication can be sent, within the same term, also by telegram, fax and / or e-mail, provided it is confirmed by registered letter with acknowledgment of receipt within 48 (forty-eight) hours;
7.3 The Communication must contain:
a. The desire to withdraw from the contract;
b. the data necessary to identify the Order;
c. the indication of the Product (s) for which it is intended to exercise the right of withdrawal;
7.4 The right of withdrawal will be considered correctly exercised by the Consumer if all the following conditions are met:
to. The Notice has been sent to Unit under the terms set out in clause 7.2;
b. The Communication contains the data referred to in clause 7.3;
c. The Products have not been altered and / or damaged. If there is a decrease in the value of the Products, resulting from a handling of the Products other than that necessary to establish their operation, Unit will reduce the reimbursement referred to in clause 7.5 lett. b) that follows proportionally;
d. The Products are returned in their original packaging;
is. The Products are sent to Unit in a single shipment and within 15 (fifteen) days from the date on which the Consumer received the Products. Unit reserves the right not to accept articles of the same Order, returned and sent at different times;
7.5 As soon as you receive the Products pursuant to clause 7.4 lett. e) and if the right of withdrawal has been validly exercised pursuant to clause 7.4, Unit will:
to. Send to the Consumer via e-mail notification of receipt of the returned Products;
b. Reimburse to the Consumer the sums paid as payment of the price within 30 (thirty) working days from the date on which Unit has become aware of the right of withdrawal by the Consumer;
7.6 The effective time for crediting or returning the amounts pursuant to clause 7.5 lett. b) varies according to the credit / debit card used and therefore no delay can be attributed to Unit in relation to such crediting. In any case, the value date of the credit will be the same as the debit and, as a consequence, the Consumer will not suffer any loss in terms of bank interest. The aforementioned reimbursement will be executed by Unit against the person who made the payment, even if this is not the recipient of the Products indicated in the Form;
7.7 The only expenses payable by the Consumer for the exercise of the right of withdrawal pursuant to clauses 7.2 - 7.5 are the direct costs of returning the Products to Unit;
7.8 If the Consumer has NOT exercised his withdrawal in accordance with the provisions of clause 7, Unit will inform the Consumer by e-mail. In this case, the Consumer may choose, by sending an email to Unit, to have the purchased Products back at his own expense; in the event that the Consumer is not concerned, Unit reserves the right to retain the Products and the corresponding amount for the purchase of the Products.

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.

9.1 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.

10.1 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 stated in the Order Confirmation, Unit guarantees the Products supplied for the duration foreseen by the Legal Warranty.
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 examine the Products purchased within the shortest possible time and, in any case, must report any defects and / or discrepancies to Unit, by fax, with subsequent confirmation by registered letter with return receipt, no later than months 2 (two) from receipt of the Products, or from the discovery of defects in the case of hidden defects. It is understood that any complaints or disputes 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.

11.1 The warranty provides, at the Consumer's choice:
i. The repair of the Products recognized as faulty and / or spoiled or,
ii. If the repair is not possible to replace the Products recognized as faulty and / or spoiled or,
iii. The reduction of the price of the Products proportionally to defects and / or defects;
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.

12.1  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.

13.1 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.

14.1 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.

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

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.

17.1 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.

18.1 For all disputes arising from these General Conditions or from a contract / purchase order, or related to them, including those related to their validity, effectiveness, interpretation, execution and resolution, without prejudice to mandatory regulations in force in the country in which the consumer has his domicile, the judicial authority of Rimini will be exclusively competent.

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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