The term "online sales contract" refers to a contract of sale relating to tangible movable property of the Seller to the Purchaser, in a distance selling environment, using telematic means, managed by the Supplier.
The term "Purchaser" refers to the consumer as a natural person who performs the purchase, to which this contract relates, for purposes unrelated to commercial or professional activities in which they are potentially involved.
The term "Supplier" refers to the subject who performs the sale of the goods to which the present contract relates.
2) IDENTIFICATION OF THE PARTIES
The goods to which the present general conditions relate are offered for sale by MINARDI INDUSTRIES SRL with headquarters in Italy, at Lugo (RA), Via Tomba 11, registered with the Ravenna Chamber of Commerce, Register of Companies no. 02075260394, tax identification number IT02075260394, IVA (VAT) number 02075260394.
Expressly declares to have performed the purchase for purposes unrelated to commercial or professional activity pursued and undertakes to not to trade in the goods purchased.
3) OBJECT AND CONCLUSION OF THE CONTRACT
By means of the present contract, the Supplier sells and the Purchaser acquires, respectively, remotely via telematic means, only the tangible movable property indicated and offered for sale on this site.
The contract between Supplier and Purchaser is conducted exclusively over the internet following the Purchaser accessing the address of the present site, if, by following the procedures outlined, the Purchaser formalises an offer for the purchase of the goods offered for sale.
The purchase contract is executed by means of irrevocable order by the Purchaser through the filling in and online sending of the order form, visible on the order summary web page and printable, which lists all of the customer's details and those of the order, the cost of the goods purchased and the shipping cost, methods and terms of payment, the address to which the goods will be delivered. When the Supplier receives the order from the Purchaser he will send a confirmation e-mal and/or provide for the visualization of a confirmation and summary web page, printable, which also indicates the information inserted by the Purchaser on the order form. The contract is considered to have been executed between the parties only upon execution of the order and issue of the relevant invoice. Until that moment, the Supplier retains the right to refuse the order. The sales invoice is issued by Minardi Industries S.r.l. in paper form and included in the package containing the products ordered.
Specifically, each order placed constitutes an offer for the purchase of products by the Supplier. Orders are subject to availability and acceptance by the Supplier that may, at any time and at its discretion, refuse to accept the order of the Purchaser, including, for example, in cases where:
- Orders can not be executed due to an error in the information provided by the Purchaser, for example when providing: insufficient or incorrect payment information, incorrect billing information; Delivery address information is insufficient or incorrect - in this regard, the Purchaser is invited to note that the Supplier does not send products to PO boxes; or misleading information;
- There was an error on the Site relating to the products ordered, for example, an error in the price or description of the products as shown on the Site;
- The products ordered are no longer available on the Site;
- The amount of the order is too high, based on a specific assessment that will be conducted on a case by case basis at the sole discretion of the Supplier.
In such cases, the Buyer shall only be entitled to a refund of the price paid and no further compensation.
The invoice or bill of sale will be issued by the Supplier on paper means and inserted into the package containing the products ordered.
4) METHOD OF PAYMENT AND REIMBURSEMENT
The Supplier exclusively accepts advance payment for the products ordered by means of the main Credit Card issuers (Mastercard and Visa) and PayPal. Credit card details are handled directly by Wirecard or other banks, specialising in the handling of online payments. PayPal details are handled directly by PayPal. The information is encrypted using latest generation encryption systems which prevent third party use, and is sent directly to the bank. The Supplier reserves the right to request PayPal or the bank to verify the authenticity of ownership of the card in the case of problems. Following this verification, in the event of a positive outcome, the process of concluding the contract and delivering the order will begin, provided there are no further impeding factors. Any potential refund to the Purchaser, should he be entitled to such, will occur by means of credit card payment transfer or PayPal refund, within a maximum of 30 days from the date in which the Supplier becomes aware of the cause which gives rise to his right to a refund.
5) DELIVERY TIMES AND METHODS
The Supplier will send the ordered products via UPS, DHL or FED-EX couriers or by EMS. Order fulfillment time may vary, from same day to a maximum of 5 working days from the time of the order, within which time the invoice will be issued with the consequent acceptance of the order, and its execution will begin. Where the Supplier is not in a position to send the goods within the time frame specified, timely notice will be given via e-mail to the Purchaser, specifying the time by which the order will be fulfilled. Delivery times may vary depending on the delivery Country and other factors not directly subject to the control of the Supplier and not attributable him.
6) SHIPPING AND DELIVERY COSTS
The supplier delivers the goods all over the world, with the exception of the territory of the Republic of China.
In the EC member countries the shipment takes place with the DDP formula (Delivery Duty Paid), therefore in these destinations the goods will arrive directly at the place of delivery specified without having to pay other amounts additional to what already paid at the time of placing the order, since the calculation of the price already includes also any shipping fees. The shipping fees will be calculated and shown in the process prior to the order by the Purchaser and also contained in the summary web page of the order.
For all the other countries, the DDU formula is used (Delivery Duty Unpaid), therefore the courier could request a separate invoice with payment of duties and taxes charged by local authorities. In the event that the amount of these expenses was known by the Supplier, the latter at the time of purchase will inform the Purchaser of the amount or will provide instructions for calculating it. In any case, the Purchaser who resides in a country that is not part of the EC is encouraged to inquire about the applicable local taxes and duties , before placing an order on the Site.
7) GOODS INSURANCE AND SUPPLIER RESPONSIBILITY
The products are insured by the Supplier against theft and accidental damage from the moment of delivery to the courier to the moment it reaches its destination. The risk of loss and damage of the product remains on the Supplier until the Purchaser or a third party appointed by him receives the goods.
All product sales prices advertised and indicated on this internet site are expressed in in different currencies depending on the country of destination of the goods selected by the Purchaser (the country of delivery of the goods is set automatically by the system with the geolocation of user. Users can in any case change the country of delivery at any time) and constitute an offer to the public in accordance with art. 1336 c.c., they include VAT and all other charges relative to delivery within EC territory. For delivery costs, taxes and delivery to Countries outside the EC, please refer to point 6) above. The prices indicated corresponding to each of the goods offered to the public are valid up to the moment in which the order is placed and indicated on the order summary page. Furthermore, the Supplier may alter prices and conditions at any time. In relation to the Purchaser, that which appears on the order summary page will be considered valid. Please note that the prices charged for any product purchased on the website may vary depending on the level of prices on local markets and any applicable customs fees.
9) PRODUCT AVAILABILITY
The Supplier, by means of the telematic system used, ensures that the order will be processed and executed without delay. In the event that an order exceeds the quantity available in the warehouse, the Supplier, will advise the Purchaser, via e-mail, as to whether the product is no longer available for order or as to the waiting times for relative to the chosen product, and request confirmation as to whether he wishes to proceed with the order. The Supplier's computer system will confirm registration of the order in the shortest time possible, and will notify the user via e-mail confirmation, which is not legally binding, constituting simply a summary of the order.
10) LIMITATIONS OF LIABILITY
To the maximum extent permitted by the law, the Supplier does not accept any responsibility for poor service attributable to acts of God, in cases where it is not possible to execute the order in the times foreseen by the contract. The Supplier will not be held Responsible towards the Purchaser, except in cases of fraud or serious misconduct, for poor service or malfunction relating to use of the internet which is outside his control or the control of his sub-suppliers. The Supplier, furthermore, is not responsible for damages, losses or costs incurred by the Purchaser as a result of failure to execute the contract for reasons not attributable to him; the Purchaser is only entitled to a full refund of the price paid. The Supplier assumes no responsibility for any fraudulent and illicit use by third parties of credit cards, for the payment of the purchased products where he can demonstrates that he employed all ordinary cautionary measures available to him and in keeping with normal diligence.
11) RESPONSIBILITY FOR DEFECTS, PROOF OF DAMAGE AND REFUNDABLE DAMAGES: OBLIGATIONS OF THE SUPPLIER
The Supplier will not be held responsible for consequences deriving from a defective product if the defect is due to the product conformity, a binding legal regulation or a compulsory provision, or where the state of scientific and technical knowledge, at the moment in which the producer released the product, did not allow for it to be considered defective. No compensation will be owed where the damaged party is aware of the product's defect and of the danger which derives from it, or in the case that he voluntarily exposes himself to that danger. In all cases the damaged party must prove the defect, the damage and the causal link between the defect and the damage. The damaged party may request compensation for damages resulting in death or bodily injury or the destruction or deterioration of a thing other than the defective product, provided that it is of a sort normally destined for private use or consumption and therefore principally used by the damaged party. The damage to things referred to in art. 123 of the consumer code will be, in any event, recompensable only where it exceeds the sum of threehundredandeightyseven euro (387 euro).
12) GUARANTEES AND METHODS OF ASSISTANCE
The Supplier will be responsible for any potential verified faults or defects attributable to him at the condition that the fault or defect is reported by registered post to Minardi Industries Srl, Via Tomba n. 11, 48022 - Lugo (RA), or via fax to no. +39 0545 288562, or e-mail to email@example.com, within eight days from the delivery. It is not necessary to report the defect if the seller recognized the existence of the defect or concealed it.
With regard to the guarantees of conformity of the goods purchased, to the sale of products regulated by these general conditions are also applicable the legal safeguards provided by applicable law. In case of non-conformity of the products delivered, Articles 129, 130 and 131 of the Consumer Code will therefore apply.
13) OBLIGATIONS OF THE PURCHASER
The Purchaser undertakes to pay the price of the goods purchased in accordance with the times and methods indicated in the Contract. The Purchaser undertakes, upon conclusion of the online purchase process, to print and conserve the web page which carries details of the order. The information contained in this contract has, furthermore, already been viewed and accepted by the Purchaser, who acknowledges it, as at the moment of finalizing the order a referral to the present web page appears.
14) RIGHT OF WITHDRAWAL
The Purchaser is entitled to withdraw from the contract entered in to, without penalty or obligation, within 14 (fourteen) days, of the date of placing the order. In the event that the Purchaser opts to avail of his right of withdrawal, he must notify the seller using the appropriate form included in the Purchaser section of this web site. In all cases, to avail of the right to a full refund of the price paid, the goods must be returned in full, with the tag and/or seal complete and not removed, and must not be used or worn. The only costs incurred by the purchaser for exercising his right of withdrawal referred to in this article is that of returning the goods to the Supplier and the duties paid by the Supplier to receive the package. To this end it should be clarified that shipments from outside of CE Countries have import duties to be paid by the Supplier and that they can only be returned if accompanied by the "cites" certificate issued by the competent authority when necessary. Purchasers wishing to return goods from outside CE are advised to consult the competent authorities before sending. Goods not normally allowed through customs will be refused and will not be reimbursed. The Supplier will reimburse the amount of the product returned excluding the custom duties paid by the Supplier to the Purchaser following withdrawal within 30 (thirty) days of receipt of notification of withdrawal on the condition that within this period the goods are returned in their original state and not worn. The Purchaser must send the returned goods to the following address:Minardi Industries Srl - Via Tomba 11, Lugo (RA) - 48022.
15) STORAGE OF THE CONTRACT
Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that each order is stored in digital form on the Site server according to criteria of confidentiality and security.
16) COMMUNICATIONS AND COMPLAINTS
In accordance with art. 12 of the D.L.vo 70/03 the Supplier informs the Purchaser that all orders are conserved in digital form on the server which hosts the site in accordance with confidentiality and security criteria.
17) METHOD OF ARCHIVING THE CONTRACT
Any written communication sent to the Supplier and any complaints will be considered valid only when addressed to Minardi Industries Srl, Via Tomba n. 11, 48022 - Lugo (RA), or transmitted via fax to n. +39 0545 288562, or sent by e-mail to firstname.lastname@example.org. The Purchaser indicates in his registration form the residence or domicile, telephone number or e-mail address to which he wishes to receive communication from the Supplier.
18) SETTLEMENT OF DISPUTES AND RELEVANT LAW
For all disputes arising from the present contract in case the Parties intend to adhere to Ordinary Judicial Authority, jurisdiction resides with the authorities in the Purchaser's place of residence.
The present contract is governed by Italian law.
19) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS
Confirmation of the order implies that the Purchaser has accepted these general conditions.
These conditions may be updated or modified directly through the uploading of the new regulation on this Site. Modifications or updates will be valid and effective for orders which have not yet been typed and those for which the web page which summarizes the details of the order has not yet been displayed and printed.