GENERAL CONDITIONS OF SALE
The GIOLITTI AUTO D’EPOCA S.R.L. with registered office in Rome at Via Neri di Bicci n. 12 and registered office in Formello (RM) at Via degli Olmetti n. 18, VAT number n.1280441009, in the person of its legal representative pro tempore tel +390644673030, fax +39064467321, e-mail info@giolittiricambiautodepoca.com, sin giolittiricambiautodepoca@pec.it "Seller"
THE FOLLOWING SHALL APPLY:
- that the Seller manages the site www.giolittiricambiauto.com (from now on) "Site");
- that the site is intended for commercial transactions between entrepreneur and consumer (business-to- consumer) in the indicated proseg “Acquirente B2C”;
- that the site is intended for commercial transactions between entrepreneur and professional-user commercial (business-to-business) in the indicated proseg “Acquirente B2B”;
- that on the site is realized the encounter between application and offer of the products indicated in point c) of article 1 and it is possible to conclude contracts of sale online online;
- that, with the expression "General Conditions of Sale ", is the contract of sale relating to the goods of the Seller stipulated between them and the Buyer B2C and the Buyer B2B in the within of a remote sales system organized by the Seller;
- that, for this contract, the remote communication technology will be used through the Internet network;
- that the purchase within the site by B2C and B2B Buyers is regulated by these General Terms of Sale;
- that the Buyer B2C has the status of a consumer, meaning for this reason the natural person who makes the purchase, referred to in this contract, for purposes not related to the commercial or professional activity which may be carried out;
- that the Buyer B2B has the status of a commercial professional user, meaning for that the natural person and the legal person who makes the purchase, referred to in this contract, for purposes related to commercial or professional activity from the same turn;
- that this contract - and the conditions previewed - concern the sale B2C and B2B to a Buyer/Consumer and to a Buyer/Professional- Commercial User, as specified in the previous line;
- that all contracts will be concluded directly through access by Buyers to the website corresponding to the address www.giolittiricambiauto.com where, following the procedures indicated to access the reserved area of the site dedicated to negotiation online online;
- that the trademark and logo of the site are exclusive property of the Seller;
- that in the drafting of these General Conditions terms of use have been used jointly in the field of information technology and that, in the case of any divergences on their interpretation or their meaning, will be held present in the main publications of the literature specialized in this matter;
- that these premises constitute an integral and substantial part of the contract;
THE FOLLOWING ARE APPROPRIATE:
ART. 1. DEFINITIONS
1.1 In these General Terms and Conditions of Sale the following terms have the following meaning:
a) for "on-line sales contract" means the distance contract between a Seller and a B2C purchaser and a final B2B Purchaser, through a sales system organized by the Seller, which uses remote communication technology called the internet;
b) the expression "Seller" refers to the Epoca Auto Giolitti S.r.l., with headquarters in Formello (RM), Via degli Olmetti n. 18, part of this contract, which provides for the management of the Site, selling directly to the users (Acquirenti) the products indicated to the point below;
c) the expression "Products" refers exclusively to the mobile goods and/or services contained in the electronic catalogs of the Website; d) the term "Acquirente B2C" refers to the final-client consumer who is authorized to operate on the Site in order to purchase the products, according to the methods indicated in these general conditions;
e) the expression "Acquirente B2B" refers to the final-client commercial user who is authorized to operate on the Site in order to purchase the products, according to the methods indicated in these general conditions;
f) for "Consumer" or both for "Acquirent B2C" means the natural person who acquires goods and services for purposes not related, neither directly, nor on average, to the professional activity possibly carried out;
g) for "Professionist-User Commercial" or both for "Acquirente B2B" means the natural person and/or the legal person who acquires goods and services for purposes related, directly, on average, to the professional activity from the same turn;
h) the expression “Acquirenti” refers to the Buyer B2C and the Buyer B2B jointly understood;
(i) the term "Parti" refers to the Seller and joint Purchasers;
j) the expression "Site" refers to the website corresponding to the address www.giolittiricambiauto.com through which you can make online purchases;
k) the term "Corrective" refers to the sale price of each product.
ART. 2
2.1 These general conditions, which are placed in the availability of Buyers for reproduction and conservation pursuant to Article 12, D.Lgs. 9 April 2003, n. 70, have the object of the purchase of products, carried out remotely and by means of telematic network, through the Website belonging to the Seller, with headquarters in Formello (RM), to the Via degli Olmetti n. 18, VAT n. 1280441009;
2.2 With this contract, respectively, the Seller sells and Buyers purchase mobile goods and/or services listed below remotely;
2.3 The goods and/or services covered by this contract are all the products chosen by Buyers and inserted in the virtual shopping cart, following the online purchase procedures indicated on the site;
2.4 The products and/or services referred to in the previous point are illustrated in the web pages to the section "NEGOZIO" of the Seller's Website;
2.5 The Seller undertakes to provide all the products indicated after payment of a consideration referred to in Articles 4 and 5 of this contract.
ART. 3. ACCETTATION OF SALE CONDITIONS
3.1 These general conditions are valid from the day of conclusion of this contract and may be updated, integrated or modified at any time by the Seller, who will provide communication through the pages of the Website and such updates/modifications and/or integrations will be effective for future purchases;
3.2 All purchase orders will be forwarded by Buyers to the Seller, after registration to the site and type of ID and PW with access to a reserved area via secure protocol (https), and, therefore, through the completion of the indicated purchase procedure;
3.3 These general terms of sale must be examined "on line" by Buyers before completion of the purchase process. The forwarding of the purchase order confirmation, therefore, implies total knowledge of the same and their full acceptance;
3.4 Purchasers, by sending electronic confirmation of their purchase order, accept unconditionally and are obliged to observe, in their dealings with the Seller, the general and payment conditions outlined below, declaring that they have seen and accept all the information provided by him pursuant to the above rules, taking also note that the Seller is not considered bound under different conditions unless previously agreed in writing;
3.5 Sales operations are regulated for the Consumer or for the Buyer B2C by the provisions referred to in the D.Lgs. 6 september 2005 n. 206, while the protection of confidentiality is subject to the discipline of D.Lgs. june 30, 2003, n. 196, and subsequent amendments and additions. With regard to the contractual conditions applied to the Commercial Professionals or both to the Buyer B2B you must refer to the new provisions of the EU Reg. 2019/1150;
3.6 The acceptance of the conditions of sale must be manifested through the exact compilation of all the sections of the electronic form, following the instructions to video and, lastly, selecting and, therefore, accepting the boxes with the word ACCETTATION CONDITIONS OF SALE and PRIVACY INFORMATION.
ART. 4. BUILDING MODE AND SALE PRICES
4.1 The products, prices and conditions of sale on the Site - within the limits of their availability - are expressed in euro and constitute for the consumer offered to the public;
4.2 The sales prices, referred to in the previous point, are inclusive of VAT and any other tax, as well as the total cost of the shipment to the place indicated by the Buyers at the time of order, provided that place of destination is located in the Italian territory. In any case, the total cost of the shipment up to the domicile of the Buyers is borne by the same, except for exceptions and derogations that will be specially published on the site. The cost is, in any case, made known to Buyers before confirming the purchase;
4.3 The price of the product indicated on the site has definitive value, unless - for exceptional situations - the Seller considers it appropriate to submit the price to revision. Exceptional conditions are considered, in an exemplary and non-tariff way, the sudden and unagreed change of price of the product by the supplier, the sudden change of tariffs or currency exchanges and in any case of shipping costs in general. In exceptional cases of price review, the Parties expressly undertake to carry out the renegotiation of the same through an exchange of e-mails according to correctness and good faith, taking into account the documentation produced and attesting the exceptional situations that involved such review;
4.4 The receipt of the order does not commit the Seller until the Seller expressly accepted the order by e-mail. It is specified that at the time of receipt of the order by the Buyers, the system will automatically send an email of summary feedback of the order received, which must not be understood as formal acceptance of the same. The Seller, with subsequent e-mail or fax (on request), after checking the availability of the chosen product, will formally confirm and accept the order received by sending the order form, including the shipping costs, and the Conditions of Sale of the requested item(s). The order is confirmed only if the General Conditions of Sale and the order form are sent back, signed on each page, to the Seller by fax and becomes executive (i.e. the order will be processed) after receipt of a payment of 20%, to be made according to the method of payment chosen; from that date the terms for delivery and the balance must be made upon delivery of the ordered product;
4.5 Purchasers expressly give the Seller the right to accept only partially the order made (for example, if there is no availability of all products ordered). In this case, the contract will be finalised on the actually sold goods.
ART. 5
5.1 The payment of the entire price for the purchase of the goods must be made in the manner and timing indicated in the specific web page by the Seller.
5.2. Failure or incomplete payment in the period provided for in the previous article. 5.1. will constitute serious failure to comply with Buyers and will determine the right for the Seller to terminate the contract, without the need for a morament.
5.3. All payment notices take place on a specific line of the Supplier protected by encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current rules on the protection of personal data.
ART. 6. CONCLUSION OF CONTRACT
6.1 The Contract entered into through the Website shall be concluded at the time when Buyers receive, by e-mail, the formal confirmation of the order, with a communication following the automatic and summary e-mail of the order referred to in Article 4.4, through which the Seller accepts the order sent by Buyers and informs them of being able to proceed to the evasion of the same. The Contract ends in the place where the Seller's registered office is located.
6.2 As long as Buyers have not received the confirmation e-mail referred to in the previous point, they may cancel the order by sending an e-mail to the Seller's address "info@giolittiricambiautodepoca.com" or according to any other modalities indicated on the Site.
ART. 7. MODE OF SHIPPING AND CONSINISHING
7.1 The Seller will provide the Purchasers, at the address indicated by these, the products selected and ordered, in the manner provided by the previous articles, by means of couriers and/or consigners of trust. The shipment will be carried out within 3 days from the delivery to the courier/supplier and however the delivery will take place in the terms as indicated in the confirmation of the order and availability;
7.2 If the Buyers are absent, a notice will be left with the information necessary to contact the courier or the forwarder in order to agree the delivery methods;
7.3 No liability may be attributed to the Seller for delay or failure to deliver due to force majeure or fortuitous case;
7.4 When receiving, Buyers are required to verify the conformity of the product to them delivered with the order made; only after such verification you will have to proceed to the subscription of the delivery documents.
7.5 It is the right of Buyers to choose another carrier, but of course it is understood that even in this case the transport and the relative delivery times will be at their sole risk, care and expenses, and that the payment will have to take place in advance regarding delivery.
7.6 The Seller may suspend the delivery of the products sold in the event of failure or not regular payment of the price paid by the Buyers.
ART 8. RESPONSIBILITY
8.1 The Seller assumes no responsibility for the delay or failure of delivery of the attributable property due to force majeure such as accidents, explosions, fires, strikes and/or locks, earthquakes, floods and other similar events that prevent, in whole or in part, to execute in the agreed time of the contract.
8.2 The Seller shall not be liable to any party or third parties regarding damages, losses and costs incurred as a result of the failure to execute the contract for the abovementioned cases.
8.3 The Seller guarantees that the Products present within the electronic catalogs are freely available and that they do not weigh, nor mortgage on them. In any case the Italian Civil Code rules apply in the matter of sale.
ART. 9
9.1 The Seller sells products of original vintage car spare parts and its own production - cd “made or clearly customized” - with the guarantee of art. 1490 c.c.;
9.2 In the event of a defect, this must be denounced within 8 days of the discovery, otherwise the Buyers will decline from the right to guarantee Art. 1495 c.c..
ART. 10
10.1 Purchasers undertake to pay the price of the goods purchased in the times and ways indicated by the contract.
10.2 The buyers undertake and undertake, once the purchase procedure is completed, to provide for the printing and preservation of these general conditions, which, moreover, will have already viewed and accepted as a necessary step in the purchase, as well as the specifics of the product object of the purchase;
10.3 It is strictly forbidden for Buyers to enter false, and/or invented, and/or fancy data, in the registration process through the electronic form; personal data and e-mail must be exclusively personal and not third-party data, or fancy. The Buyers therefore assume full responsibility for the accuracy and veracity of the data entered in the electronic form of registration, aimed at completing the procedure of purchase of the products;
10.4 It is expressly forbidden to make double recordings corresponding to one person or enter third-party data. The Seller reserves the right to legally pursue any violation and abuse, in the interest and protection of all users;
10.5 The Buyers retained the Seller from all liability arising from the issue of incorrect tax documents due to errors related to the data provided by the Buyers themselves, being the only ones responsible for the correct insertion.
10.6 In case of defects referred to in Article 9 Purchasers are required to provide the Seller, within the warranty period, photographic material of the goods purchased and a report of the problems and/or defects found to allow the Seller to intervene and provide assistance. It is understood that, in the absence of vices of conformity, the Buyers will be required to correspond to the Seller the entire price of the asset in addition to the direct costs endured and to a quantified penalty between the parties from now on in € 1.000,00 (euro thousand/00).
ART. 11
11.1 Pursuant to Articles 52, 64 and 67 of the D.Lgs. 6 September 2005, n. 206, the Buyer B2C may exercise the right of withdrawal cd “rethinking” within the period of 14 calendar days, subject to the exceptions and exclusions referred to in Article 59 of Legislative Decree no. 206, returning the goods received in its original packaging, without tampering any guarantee seal or simply opening and/or deteriorating the same external packaging. In any case, the right of withdrawal is excluded for goods sold cd “to-measure or clearly customized”;
11.2 The Buyer B2C, which expressly declares to make the purchase for purposes other than commercial or professional activity, to exercise the right of withdrawal, must, within 14 calendar days, send a registered letter with return receipt to the following address: Via degli Olmetti n. 18 CAP 00060 FORMELLO (RM) c/o GIOLITTI AUTO D’EPOCA S.R.L. Within the same period, a telegram or fax may be sent to which the aforementioned registered letter must be followed within 48 hours with notice of receipt confirming the intention to terminate the contract. In case of withdrawal, if the goods have been delivered, all items will have to be sent, without undue delay and in any case no later than 14 calendar days from the date of withdrawal, in the same conditions of receipt, provided with the original packaging and any manuals and/or instruction booklets present; other modes of return of the goods are not provided. The Seller will accept the goods made only after finding that the products have been returned in the state of origin and with the original packaging. The direct costs of returning the goods are borne by the Buyer B2C.
The Seller in case of withdrawal will refund all payments received by the Buyer B2C, without undue delay and however within fourteen days from the day on which he is informed of the decision of the Buyer B2C to withdraw from the contract. The Seller shall make the refund referred to in the first period using the same means of payment used by the Buyer B2C for the initial transaction, unless the Buyer B2C has expressly agreed otherwise and provided that the latter should not bear any cost as a result of the refund. The Seller's right to retain the refund until it has received the goods or until the consumer has shown that he has returned the goods.
11.3 The Buyer B2B may exercise the right of withdrawal within 14 calendar days. In any case, the right of withdrawal is excluded for goods sold cd “to-measure or clearly customized”;
11.4 The Buyer B2B must inform the Seller by registered letter with return receipt to the following address Via degli Olmetti n. 18 CAP 00060 FORMELLO (RM) c/o GIOLITTI AUTO D’EPOCA S.R.L. and to be delivered before the expiry of the "Period of Recesso" of its decision to withdraw. The deadline for withdrawal of the Buyer B2B expires:
11.4 a) in the case of order relative to one product, the day when the Buyer B2B or a third, different from the carrier and designated by the Buyer B2B itself, acquires the physical possession of the product;
11.4 b) in the case of a multiple order with separate deliveries, the day when the Buyer B2B or a third, different from the carrier and designated by the Buyer B2B itself, acquires the physical possession of the last product.
ART. 12. RESOLUTION OF THE CONTRACT
12.1 The Purchaser's obligations and the exact fulfilment of the Seller's obligations are essential;
12.2 Failure to fulfil only one of those obligations, where not determined by a case or force majeure, will result in the termination of the right of the contract pursuant to Article 1456 c.c..
ART. 13
13.1 Without prejudice to the cases expressly indicated - or established by legal obligations - the communication between the Seller and the Buyers will take place preferably by means of e-mail messages to the respective electronic addresses that will be from both parties considered valid means of communication and whose production in judgment cannot be disputed for the sole fact of being computer documents. To this end the written communications directed to the Seller and any complaints must be sent to the following address info@giolittiricambiautodepoca.com or fax to the fax number +39064467321. Buyers will instead indicate in the registration form their residence or domicile, telephone number or e-mail address to which to see you sent the Seller's notices;
13.2 Both parties may at any time change their e-mail address for the purposes of this article, provided that they are promptly communicated to the other party in compliance with the forms set out in the preceding paragraph.
ART. 14
14.1 The Seller protects the privacy of its customers and guarantees that the processing of data is in accordance with the provisions of Regulation (EU) 2016/679 (GDPR).
14.2 Purchasers declare that they have read the information (Annex 1) under Articles 13 and 14 of Regulation (EU) 2016/679 (GDPR) available on the website https://www.giolittiricambiautodepoca.com/en/ and with the acceptance of these general conditions give consent to the processing of their personal data for the purposes and in accordance with the methods indicated in the above statement.
14.3 The personal, corporate and tax data of Buyers, acquired directly or indirectly by the Seller, will be collected and processed in paper, computer or telematic form, exclusively in order to allow the execution of purchase orders. The data acquired by the Seller will be kept for a period of time not exceeding the one necessary for the purposes for which they were collected and subsequently processed.
14.4 As far as expressly provided herein, we refer to this information which the Buyers declare to have received, viewed and understood.
14.5 Pursuant to Art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer B2B that each order sent is stored in digital form/cartaceous on the server at the Seller's headquarters according to confidentiality and security criteria.
ART. 15
15.1 The contract is not due to the immediate termination of the contract.
Art. 16. JURISDICTION AND COMPETITION FORCE
16.1 Any dispute relating to the application, execution, interpretation and infringement of purchase contracts concluded "on line" through the Seller's Website is subject to Italian jurisdiction, even as provided for in Article 3, Conv. 19 June 1980, n. 80/934/EEC (Convention of Rome), on the law applicable to contractual obligations; these general conditions are, however not expressly provided for in the D.Lgs. 6 September 2005, n. 206 (Consumer Code).
16.2 In the event of disputes arising from this contract or linked to it, the parties undertake to seek a fair and fair settlement.
16.3 If the dispute has not been resolved properly, and in any case within six months of the date of its beginning, the same will be brought to the exclusive recognition of the Forum in which the Buyer B2C has its own domicile according to the provisions of the D.Lgs. 206/05; in the event that the Buyer does not claim the status of the final consumer and therefore in the case of Buyer B2B it is agreed between the parties that each dispute, even in derogation from the rules relating to territorial competence, will be the sole responsibility of the Forum of Rome.
ART. 17
17.1 This contract repeals and replaces any agreement, agreement, negotiation, written or oral, previously intervened between the parties and concerning the subject matter of this contract.
ART. 18. LEGGE APPLICABLE AND RINVIO.
18.1 - This contract is governed by Italian law.
18.2 - As far as expressly provided herein apply the laws applicable to the reports and the cases provided for in this contract and, in any case, the rules of the Civil Code and the D.Lgs. 6 September 2005, n. 206 (Consumer Code).
EXPRESSION OF THE CONSENSO ATTRAVERSO
ACCESS
ACCEPTATION OF GENERAL CONDITIONS BY THE BUILDING
Pursuant to Articles 1341 and 1342 c.c., Buyers declare that they have carefully read the contract and expressly approve the following clauses:
Art. 3 (Acception of conditions of sale),
Art. 4 (Business Mode and Sale Prices),
Article 5,
Article 6 (Conclusion of the contract),
Art. 7 (Consignment and delivery methods),
Article 8 (Responsibility),
Article 9,
Art. 10,
Art. 11 (right of withdrawal),
Art. 12 (Resolution of the contract),
Art. 13 (Communications and Reclamations),
Art. 14 (protection of personal data),
Article 15,
Art. 16,
Article 18 ( Applicable Law and Referral).
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