General conditions of sale

ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

The sales contract is considered finalized when the Seller sends an order confirmation email to the Customer. The email contains the Customer’s details and order number, the price of the purchased goods, shipping costs, the delivery address to which the goods will be sent, and a link to print and archive a copy of these terms.

The Customer undertakes to verify the accuracy of the personal data contained in it and to promptly communicate any corrections to the Seller.

The Seller undertakes to describe and present the items sold on the website in the best possible way. However, there may be some errors, inaccuracies, or small differences between the website and the actual product. Furthermore, the photographs of the products presented on the website do not constitute a contractual element, as they are only representative.

The visual representation of the products on the website typically corresponds to the accompanying photographic image in the product description. It should be understood that the image of the products is solely for the purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in color and dimensions. In case of any discrepancy between the image and the written product description, the description in the product description shall always prevail.

ARTICLE 5 – PRODUCT AVAILABILITY

The availability of the products refers to their actual availability at the time the Customer places the order. However, this availability should be considered purely indicative because, due to the simultaneous presence of multiple users on the website or the sale of products at the physical store, the products may be sold to other customers before the order is confirmed.

Even after sending the order confirmation email by the Seller, there may be cases of partial or total unavailability of the goods. In this event, the order will be automatically adjusted by removing the unavailable product, and the Customer will be immediately informed via email or through a phone call.

If the Customer requests the cancellation of the order, resolving the contract, the Seller will refund the amount paid within 14 days from the day the Seller becomes aware of the customer’s decision to resolve the contract, in accordance with the provisions applicable to contract withdrawal and return of goods.

ARTICLE 6 – PAYMENT METHODS

The Customer can make payment for the ordered products and the related shipping costs using one of the following payment methods:

Cash on delivery – Not available

Credit Card – The accepted card networks on the website are Visa, Mastercard, American Express.

Satispay – One of the most popular e-payment services in Italy. Paying with Satispay is very simple.

PayPal – Once the order is confirmed, the Customer will be redirected to the PayPal website where they can make the payment using their account or by using a credit card, or in any other way accepted by PayPal and in compliance with their respective conditions.

Installment payment – Scalapay – If you purchase with Scalapay, you will receive your order immediately and pay in 3 installments. Please note that the installments will be assigned to Incremento SPV S.r.l., related parties, and their assignees, and you authorize such assignment.

Installment payment – PayPal – It is possible to pay in 3 installments at 0% interest using a credit card or your PayPal subscription. Please note that in both cases, it is not a financing arrangement, and therefore, no income documentation is required.

Bank transfer – The Customer must make the bank transfer within 3 working days from the date of the order. If this does not occur, the order will be canceled. The Customer who has not made the bank transfer may be contacted by the Customer Service to clarify the reason for non-payment. For payments via bank transfer, the order will be processed upon actual receipt of payment. The delivery time indicated on the product page will start from that day.

The bank transfer details will be provided to the Customer by the Seller, and the transfer reference should explicitly indicate the order number, which can be found in the confirmation email (e.g., “Order no. 123456”).

ARTICLE 6bis – DATA MANAGEMENT

* Codes issued by the Seller related to specific circumstances cannot be combined.

In the event of a computer, manual, technical, or any other error that may result in a substantial and unforeseen change in the public selling price, rendering it excessive or clearly absurd, the purchase order will be considered invalid and canceled, and the amount paid by the Customer will be refunded within 14 days from the day of cancellation.

ARTICLE 10 – RIGHT OF WITHDRAWAL

If the Customer is a “Consumer,” as defined in Article 3 of the Consumer Code, they have the rights provided for in Articles 52 and following of the Consumer Code, as amended by Legislative Decree no. 21/02/2014, and therefore the right to withdraw from the Purchase Contract (“Right of Withdrawal”) for any reason, without explanation and without any penalty, as specified below.

The withdrawal may concern all (Total Withdrawal) or only part (Partial Withdrawal) of the Products purchased by the Consumer. The withdrawal period expires after 14 (fourteen) days from the day on which the Consumer or a third party, other than the Carrier and designated by the Consumer, acquires physical possession of the Product(s) (“Withdrawal Period”).

The right of withdrawal is exercised by sending a withdrawal communication (“Withdrawal Notice”) by registered mail to:

AUTORICAMBI SANMAURO S.n.c. di Frisoli Giulio e Giovanni

Via Settimo n. 224 10099 San Mauro Torinese (TO) Italy

Alternatively, the Withdrawal Notice may also be sent by email to the following address within the same Withdrawal Period as mentioned above: [email protected].

The Withdrawal Notice must specify the intention to withdraw from the Purchase and the Product(s) for which the right of withdrawal is being exercised. To facilitate the exercise of the right of withdrawal, the Seller provides its Customers with a specific Form to be used for the withdrawal communication. Download the Withdrawal Form here or find the form in the “Withdrawal and Returns” section.

The return of the Product(s) must be made within 14 (fourteen) days from the date on which the Consumer communicated their decision to withdraw, in accordance with Article 52 of the Consumer Code mentioned above. The above-mentioned deadline will be considered met if the Consumer returns the Product(s) subject to withdrawal before the expiration of the 14-day period.

The Seller reminds its Customers that the transportation costs for the return of the Product(s) subject to withdrawal are borne by the Consumer, and the Return is under the sole responsibility of the Consumer. The Seller reminds its Customers, before the Return, to check that the Product(s) subject to withdrawal is/are intact and in normal condition, inserted in the original packaging, complete with all its parts (including packaging and accompanying documentation). The Consumer must also take care to ship the returned merchandise using suitable packaging methods to avoid any damage.

According to current regulations, the Consumer will be responsible only for the decrease in value of the Product(s) resulting from any handling of the Product(s) other than what is necessary to establish the nature, characteristics, and functioning of the Product(s).

If the right of withdrawal has been correctly exercised in accordance with Articles 52 and following, the Seller will refund the Consumer the full amount already paid, including Delivery Costs, within 14 (fourteen) days from the day on which the Seller was informed of the Consumer’s decision to withdraw from the Purchase Contract. The refund will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer expressly requests a different method and provided that the Consumer does not incur any costs as a result of the refund.

The Seller, pursuant to and for the purposes of Article 56 of the Consumer Code as amended by Legislative Decree no. 21/2014, reserves the right to withhold the refund until the Products have been received or until the Consumer has demonstrated that the Products have been shipped, depending on which situation occurs first.

ARTICLE 11 – LEGAL WARRANTY OF CONFORMITY

In the event of receiving products that are non-compliant with the orders or defective, the Customer has the right to free restoration of the product’s conformity through repair or replacement. The Customer may exercise this right if the defect occurs within 24 months from the delivery of the goods and reports the defect to the Seller within two months of discovery.

Subsequently, the customer must proceed to create an online return request by accessing the “RETURNS and REFUNDS” section of the website.

In the case of a defective or non-compliant product, the Seller will bear the cost of shipping the product and, if possible and depending on the availability of goods, will replace the defective product with a compliant one or refund the cost of the product to the Customer.

ARTICLE 12 – COMMERCIAL WARRANTY

All products presented on the website benefit from both the legal warranty of conformity referred to in the previous article and a commercial warranty. To avail themselves of warranty assistance, the Customer must retain the purchase invoice for the product.

ARTICLE 13 – LIABILITY

The Seller assumes no responsibility for any failures attributable to force majeure or unforeseeable circumstances, including those arising from malfunctions and service disruptions of the internet, in the event that the order cannot be executed within the time stipulated in the contract.

The Seller shall not be liable to the Customer, except in cases of willful misconduct or gross negligence.

The Seller shall also not be liable for damages, losses, and costs incurred by the Customer as a result of the non-performance of the contract for reasons not attributable to the Customer, with the Customer being entitled only to a full refund of the price paid.

The Seller assumes no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards at the time of payment for the purchased products if it can be demonstrated that all applicable precautions were taken at the time of the transaction.

ARTICLE 14 – CUSTOMER’S OBLIGATIONS

The Customer undertakes to pay the price of the purchased goods within the time and manner indicated in the Contract. After the conclusion of the online purchasing procedure, the Customer undertakes to print and retain the data relating to the order placed. The information contained in this contract has also been reviewed and accepted by the Customer, who acknowledges this, as the link to this section is always present at the bottom of the page at the time of finalizing the order.

ARTICLE 15 – WEBSITE ACCESS

The Customer has the right to access the website for consultation and making purchases. No other use, particularly commercial, of the website or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of the Seller and are protected by intellectual property rights.

ARTICLE 16 – ENTIRE AGREEMENT

These General Terms and Conditions of Sale constitute the entirety of the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale are deemed invalid or declared as such under the law, regulations, or as a result of a decision by a court of competent jurisdiction, the other provisions shall remain in full force and effect.

ARTICLE 17 – APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Sale are subject to Italian law.

For the resolution of disputes relating to the interpretation, execution, or termination of these General Terms and Conditions or individual purchase orders, if the Customer is a consumer as defined by the Consumer Code, the competent jurisdiction shall be exclusively the court of their municipality of residence or domicile if located in Italian territory; in all other cases, the exclusive territorial jurisdiction shall be that of the Turin Court, excluding any other competent court.

In any case, it is possible to optionally resort to mediation procedures as provided for by Legislative Decree no. 28/2010, for the resolution of any disputes arising from the interpretation and execution of these sales conditions.

Finally, starting from February 16, 2016, the European platform for online dispute resolution, promoted and implemented by the European Commission, is operational. Consumers and professionals can access the platform at ec.europa.eu/consumers/odr and submit an online complaint following the instructions provided on the portal. For each member state of the European Union, ADR (Alternative Dispute Resolution) bodies have been identified to act as arbitrators between the parties to resolve the issue.