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The sale of the products of RC MOTOR PROJECTS Srl ("Seller") through the website https://shop.isotta-srl.com/ ("Site") is aimed exclusively at consumers, as defined by Legislative Decree 6.9.2005, no. 206 Consumer Code, as amended by Legislative Decree 21 February 2014, no. 21 ("Buyer").
The Purchaser expressly declares that he/she is making the purchase as a consumer, therefore for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
Should the Buyer wish to purchase the Products for any of the above purposes, please contact the following e-mail address: email@example.com.
1.1 These General Conditions of Sale ("Conditions") relate to the sale of the Seller's products ("Products") made online, through an e-commerce service, on the Site; in particular, the Conditions govern the offer and acceptance of purchase orders for products on the Site and the related distance contract. the contract between the Buyer and the Seller is in the Italian language and subject to the application of Italian law. The translation of the contract into English is for the sole purpose of facilitating the reading of the contract to users and does not constitute a waiver of the aforementioned principle.
2.1 The Goods are sold directly by Seller to Buyer through the submission of an electronic order form ("Order") with simultaneous acceptance of these Conditions. By placing the Order, Buyer warrants that it is of legal age (18 years) and has the legal capacity to enter into binding contracts. When placing the Order, Buyer must provide a valid and used e-mail address.
3) PRODUCT ORDER AND ORDER HANDLING BY THE SELLER
3.1 In the course of completing the Order, the Buyer may view: the information and images of each Product and its price, the means of payment that can be used, information on the delivery methods of the Products purchased and the related shipping and delivery costs; the Order also contains a reference to these Conditions, with an express reference to the right of withdrawal.
3.2 Once the Order has been submitted, the Buyer will receive from the Seller a message of acceptance of the Order at the e-mail address indicated in the Order including the summary of the Order.
3.3 In case of incomplete or incorrect Order, as well as in case the ordered Product(s) are not available within 30 days from payment, the Seller will inform the Buyer by e-mail that it is not possible to fulfill the Order, explaining the reason. In this case, the amount already committed to the Buyer's means of payment will be refunded.
3.4 The contract between Seller and Buyer will be concluded only when Buyer has received confirmation of the Order. The amount will be charged in any case at the time of the Order.
3.5 Buyer agrees to receive tax documents, such as sales invoice, etc., at the e-mail address indicated in the Order.
3.6 Minimum order amount €29.89 including vat
3.7 Free shipping in Italy for amounts Upper to € 122.00 vat included - Below this amount, contribution of € 5.00 vat included.
4) PAYMENT METHODS
4.1 Buyer may pay the price of the Goods and related shipping and delivery charges, by credit card or prepaid card or by Paypal,or bank transfer, selecting the method chosen when filling the Order.
5) SHIPPING AND DELIVERY OF PRODUCTS
5.1 The purchased Products will be delivered by courier identified by the Seller to the address indicated by the Buyer in the Order. Buyer shall be informed of the method, time and cost of shipment prior to the Order.
5.2 Each shipment by the Seller contains, in addition to the Product(s) ordered, the instruction manual, the relevant shipping document, and any informational and marketing material.
5.3 Upon receipt of the product, the Buyer shall check whether:
(i) the number of packages being delivered corresponds to the number indicated on the transport document;
(ii) If the packaging is outwardly undamaged.
Acceptance of delivery of the products without the Buyer having placed a reservation or objection in the transport document shall be equivalent to recognition that the delivery conforms to the Order in quantity, type and packaging. This shall be without prejudice to any further warranties provided by law in relation to the delivered products.
6.1 Unless otherwise stated in writing, all Product prices and shipping and delivery charges shown on Seller's website and in Buyer's Order are in Euros and are to be deemed to include VAT. The prices of the Products and the shipping and delivery charges are those indicated on Seller's website at the time of the Order; since prices and charges may vary, without prior notice, Buyer is responsible for ascertaining the final sale price before placing each Order.
6.2 If the Buyer resides in a country outside the European Union, any upward difference in local taxes and customs charges must be added to these costs. These additional charges are indicated by the carrier at the time of delivery of the shipment and must be paid by the Buyer to the carrier; failing such payment the carrier will not deliver.
7) GUARANTEES FOR PRODUCT DEFECTS AND USE OF TRADEMARKS
7.1 The Seller is responsible for defects in the Products offered on the site that occur within the 2-year period after delivery of the Product.
7.2 The Purchaser shall forfeit all rights if he does not report the lack of conformity to the Seller within the term of two months from the date on which the defect was discovered. The Buyer shall report the defect to the Seller in writing, by registered mail with return receipt sent to the Seller's address (Via M. Calari n° 1, 40069 - Zola Predosa - BO).
7.3 In accordance with the applicable Consumer Code and Civil Code, the statutory warranty is excluded if any of the following occurs: (i) the Product has been repaired, tampered with, delivered for technical examination or altered by persons other than the manufacturer, Seller or any other authorized person; (ii) the alleged lack of conformity of the Product has manifested itself beyond the period of 2 years from the delivery of the Product itself and/or the relevant request for repair or replacement of the defective product has been sent after 2 months from the discovery of the defect; (iii) the alleged defect is due (in whole or in part) to misuse and/or improper use/storage/maintenance or installation by Buyer or persons other than the manufacturer, Seller or any other authorized person or is due to non-compliance with the instructions provided by Seller and found, for example, in the product's user manual or other instruction provided by Seller together with the delivered products; (iv) at the time the contract was concluded, the Buyer knew of the defect and could not have been unaware of it with ordinary diligence; (v) the lack of conformity arises from instructions or materials provided by the Buyer.
7.4 Photographs, text, graphics and information on the Seller's website regarding the Products are provided as a guide only and without any liability to the Seller. The Seller reserves the right to make minor variations to the Products at its discretion.
7.5 The Seller warrants that Products marked KBA31375 have obtained TUV (ABE) approval. Outside the Italian territory, the Seller does not guarantee the conformity of the Products with the applicable legislation. Therefore, it is the Buyer's responsibility before ordering the Products to ascertain whether the Products comply with the specific legislative provisions in force in the country of purchase.
7.6 It is the Buyer's responsibility to follow in detail during installation the instructions provided by the Seller. The foregoing warranty offered by Seller shall operate only on the condition (i) that the instructions and warnings for installation, assembly, use and maintenance contained in the installation booklet provided by Seller accompanying the Product are followed, (ii) that the installation of the Product itself is carried out in compliance with applicable laws.
7.7 The Seller specifies that all trademarks on the site belong to their rightful owners. Third party trademarks, logos, product names, trade names, corporate and company names mentioned are trademarks of their respective owners and have been used by Seller for explanatory and descriptive purposes only.
7.8 By proceeding to purchase the Product, Buyer acknowledges that it has read the warnings contained in the Disclaimer section.
8) RIGHT OF WITHDRAWAL
8.1 The Purchaser has the right to withdraw from the contract within 14 days from the date of receipt of the Products. Within this period, the Buyer must send ane-mail to firstname.lastname@example.org, expressing his decision to withdraw from the contract, without any obligation to give reasons. Within 14 days after sending the notice of withdrawal, the Buyer shall deliver the Products to the courier for delivery to the Seller's premises, bearing the transportation costs for the return of the Products.
8.2 The Seller shall, within 14 days of receipt of the Product subject to the aforesaid notice of withdrawal, undertake to reimburse the Buyer for the payment received for the Product and shipping costs, pursuant to Article 56 of the Consumer Code (except for the higher costs resulting from the Buyer's choice of a type of delivery other than the least expensive one offered by the Seller), using the same method of payment chosen by the Buyer at the time of the Order.
8.3 The Seller shall not have to refund the Purchaser if the returned Products are incomplete, ruined or if they have suffered a decrease in value resulting from a different handling of the same or if they are without their original packaging. In such cases, the Seller shall inform the Buyer by e-mail enclosing photographs of the returned Products and shall choose whether to have the purchased products sent back, at its own expense; otherwise, the Seller shall retain the returns without refunding the cost thereof.
9) ORDER FILING - COMMUNICATIONS - PRIVACY
9.1 Following the Order, the Buyer agrees that all communications relating to the Products will be sent to the email address provided at the time the Order is placed.
10) APPLICABLE LAW - DISPUTES AND JURISDICTION
10.1 Disputes with the Purchaser relating to the validity, effectiveness, interpretation or execution of the contract as well as, in general, relating to the navigation on the Site or the use of any functionality made available to it on the Site, shall be referred to the judicial authority of the Court of residence or domicile of the Consumer Customer, which has exclusive and mandatory territorial jurisdiction.