These General Conditions of Sale have as their object the purchase of products on the order site www.manferdiniparts.it, www.manferdiniparts.com carried out remotely via the telematic network on the site www.manferdiniparts.it, www.manferdiniparts.com, belonging to MANFERDINI s.r.l., with headquarters in Calderara di Reno (BO), Via Prati 24 / b. Each purchase transaction will be governed by the provisions of Legislative Decree 185/99, Legislative Decree. 206/05; the information aimed at the conclusion of the contract will be subject to art. 12 of the Legislative Decree. 70/03 and, as regards the protection of confidentiality, will be subject to the legislation referred to in Legislative Decree 196/03.
The company is not liable for damage caused during transport or for missing goods after delivery without having made the withdrawal with a "specific reserve". Some requests for items may vary in quantity based on the manufacturer's minimum sales packages. The same will be indicated on the order confirmation. Non-original or alternative spare parts can be supplied. The goods travel at the risk and peril of the customer even if agreed free at destination. Unless expressly agreed, all prices are intended ex-works of the supplier company. Payment of the invoice must be made within the currency terms. Direct remittance payments must be understood within a maximum term of 30 days from the invoice date. After the currency has elapsed, interest on arrears will start at the current bank rate. Unauthorized discounts and rounding are not accepted.
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The contracts for the sale of the products on the website www.manferdiniparts.it, www.manferdiniparts.com, are considered concluded at the moment in which the purchase order placed by the customer to MANFERDINI s.r.l. is received. and the latter accepts it. MANFERDINI s.r.l. will promptly send the customer a receipt of the purchase order made by the customer.
The customer, by sending his purchase order electronically, declares to have read and accepted these general terms and conditions and undertakes to observe and respect them in his relations with MANFERDINI s.r.l..
TREATMENT OF PERSONAL DATA
MANFERDINI s.r.l. pursuant to art. 13 of Legislative Decree 196/2003 informs that the personal and fiscal data acquired also verbally in reference to the commercial relationships established, provided directly by the interested parties, or otherwise acquired within the company's activity, will be processed in compliance with the aforementioned legislation , including the confidentiality obligations provided for by them
In relation to the aforementioned, the rights referred to in Article 7 of Legislative Decree 196/2003.
Please note that for the purpose of order fulfillment, personal data are also disclosed to the suppliers of the goods and to the shippers in charge of delivery. The collected data are also used for the purposes of the service and will not be published or transferred to third parties
OBLIGATIONS OF THE CUSTOMER
The Customer is required, before submitting his purchase order, to carefully read these general conditions of sale. The forwarding of the purchase order implies their full knowledge and acceptance.
Finally, the Customer is required, once the online purchase procedure has been completed, to print and keep these general conditions of sale, already viewed and accepted during the conclusion of the contract.
DEFINITION OF THE ORDER
By sending the online order, the Customer sends MANFERDINI s.r.l. a proposal to purchase the product and / or products included in the cart. When the Customer places an online order for the products he has placed in the cart, he agrees to purchase them at the price and terms indicated in these General Conditions of Sale.
MANFERDINI s.r.l. will notify the Customer of the acceptance and confirmation of the order. .
It is possible to place an order both through the website www.manferdiniparts.it, www.manferdiniparts.com at the prices and conditions indicated therein and at the headquarters of MANFERDINI s.r.l..
METHOD OF PURCHASE
The customer purchases the product, the characteristics of which are illustrated online in the relevant descriptive and technical sheets, at the price indicated therein, to which the delivery costs specified on the site are added. (any costs for cash on delivery are excluded).
Before submitting the purchase order, the unit cost of each selected product is summarized, together with the total cost in the event of the purchase of multiple products and the relative delivery costs.
Once the purchase order has been submitted, the customer will receive from MANFERDINI s.r.l. an e-mail message confirming receipt of the purchase order and containing information relating to the main characteristics of the purchased good, a detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general conditions of the contract and to the information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site. Following the approval of the Law Decree no. 223 "maneuver bis" Art. 37 paragraphs 8 and 9, converted with Law 248 of August 4, 2006, which entered into force on August 12, 2006, which reinstates the obligation to communicate the list of customers and suppliers in the event of an issue invoice, and of Law Decree 78 of May 31, 2010 converted into Law 122 of July 30, 2010, requires customers to communicate their VAT NUMBER and TAX CODE in the appropriate fields on the site.
LIMITATION AND EXEMPTION OF LIABILITY
The responsibility of MANFERDINI s.r.l. is excluded:
a) for any damage from the use of the service provided ONLINE;
b) for errors and omissions that may be present within this site or any other website referable to and / or linked to;
c) for any inaccuracies of any kind or typing errors that may arise from the updating, at any time, of this site;
d) for any interruptions to the services provided by the site, which, should they occur, will be announced in advance, except for causes not dependent on the will of MANFERDINI s.r.l. (unforeseeable circumstances and / or force majeure);
e) for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, the execution of the contract within the agreed time. In such cases MANFERDINI s.r.l. will not be liable to any party for damages, losses and costs incurred as a result of the non-execution of the contract, without prejudice to the Customer's exclusive right to obtain only a refund of the price paid.
f) Without prejudice to the hypothesis of willful misconduct or gross negligence by MANFERDINI s.r.l., in the event that its liability in any capacity towards the Customer is ascertained, including the case of total or partial non-fulfillment of the obligations undertaken by MANFERDINI s.r.l. towards the Customer as a result of the execution of an order, the responsibility of MANFERDINI s.r.l. cannot be higher than the price of the Products purchased by the Customer and for which the dispute has arisen.
DELIVERY OF PRODUCTS
The purchased goods, together with the relevant invoice, are delivered by courier to the address specified by the Customer at the time of the online order or can be collected at MANFERDINI s.r.l.. Any specific needs must be proposed by the customer to MANFERDINI s.r.l..
In case of non-delivery due to the absence of the recipient, at the address indicated by him in the order, the courier will leave a notice and try again a second time; if the recipient is still absent, the goods will be returned to the sender.
CONFORMITY GUARANTEE AND DEFECTIVE PRODUCTS
The products purchased on the website www.manferdiniparts.it, www.manferdiniparts.com are subject to the regulations on the sale of consumer goods. The delivered products comply with the characteristics illustrated on-line in the relative descriptive and technical sheets. MANFERDINI s.r.l. does not apply different warranties to products, including in terms of methods and timing with respect to those established by the manufacturer. Transport costs are charged to the customer. The guarantee does not cover collateral activities (assembly) to the supply of the part. The responsibility of MANFERDINI s.r.l. it is limited to the replacement of parts and cannot be extended to any other consequence or damage deriving from the supply. Defective parts will be replaced due to poor quality of the materials or their workmanship if the manufacturer recognizes the defect, if he does not recognize it, all costs deriving from this management will be charged to the customer.
The guarantee of the parts is void if there are defects, tampering with the assembly, additional and / or arbitrary machining of the parts. Any returns must be requested by filling in the appropriate form that can be downloaded from the website www.manferdiniparts.it within 8 days of receipt of the goods. Returns will not be accepted after 5 days from the date of authorization to return. Always insert the return transport document inside the package Returning the goods to MANFERDINI s.r.l. must be requested in writing within 8 days of receipt. Returning goods is possible if they do not conform to the order. Returns must always be authorized in writing. Returns are not accepted without regular DDT and our written authorization. The goods to be returned must be in perfect condition, in the original packaging and shipped in PORT ASSIGNED to the warehouse indicated on the return authorization unless otherwise agreed in writing. The seller reserves the right not to accept returns if the products are without their original packaging or tampered with or are products not regularly managed by the warehouse. If the return is generated for reasons attributable to the customer, the seller reserves the right to apply a devaluation of the returned product equal to a minimum of 15% of the (return) price as a reimbursement of the expenses incurred for the management of the same, with a minimum € 10.00 per return, plus the cost of transport from the customer to MANFERDINI srl and from MANFERDINI s.r.l. to the supplier. Returns for electrical parts are not accepted. After the return, a credit note will be issued. The acknowledgment of the credit note will take place after the material has been paid by the customer and after the acknowledgment of the amount by our supplier to MANFERDINI s.r.l. The material, even if returned, must be paid in the same way, a refund will then follow in the manner described above.
EXPRESS TERMINATION CLAUSE
In the event of total or partial non-payment of the purchase price of the MANFERDINI s.r.l. reserves the right to declare pursuant to and by effect of art. 1456 of the civil code terminated this contract.
For any complaint or clarification, the customer must contact the number 051723258 - 051723520 - 051723003 Int. 3 Ricambi or the e-mail address firstname.lastname@example.org.
APPLICABLE LAW AND JURISDICTION
This contract is regulated by the Italian law. The exclusive jurisdiction and venue for any legal action brought by the Buyer under this warranty or any further legal guarantees will be the Court of Bologna. In case of victory of MANFERDINI s.r.l. in any legal action, the plaintiff must reimburse MANFERDINI s.r.l. expenses, including lawyers' fees and court fees, incurred by MANFERDINI s.r.l. for their own defense.
Although not expressly provided for in this contract, the rules of current Italian law apply.