IT Automation SRLs in the person of the legal representative IT AUTOMATION PARTS, with registered office in FANO (PU) – Italy, via Piave 21/D
VAT number/tax code 02817240415
email: sales@itautomationparts.com
pec: itautomationparts@pec.it
registered in the Company Register: PS-295359
(even just the “Seller”)
GIVEN THAT
- IT Automation SRLs owns the site https://www.itautomationparts.com/ which cannot be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, linked and used without the prior consent of IT Automation SRLs
- IT Automation SRLs does not have the status of authorized reseller of the products present on the site or the subject of a quote. Therefore, the products may have codes with a previous date or belong to a previous production compared to that present at the official manufacturer and/or authorized retailers. Any years of production and/or specific versions must be indicated when ordering.
- All brands, logos, supplier and service names mentioned are trademarks of their respective companies and are the property of their respective rights holders. The use of third-party logos does not represent an approval or association of any kind with the relevant companies holding the intellectual and industrial property rights.
- On said site, IT Automation SRLs sells products for industrial and naval automation (by way of example and not limited to, PLCs, HMI operator panels, motors, drives, movement systems, electronic components, etc.), to pursuant to Legislative Decree 9 April 2003, n. 70 containing the regulation of electronic commerce (e-commerce) and articles. 45 et seq. of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) as amended by Legislative Decree no. 170/2021, implementing Directive (EU) 2019/771.
- IT Automation SRLs also sells digital products and, therefore, the rules established in the articles will apply. 135 octies et seq. of the Consumer Code. In particular, it means:
– digital content: data produced and provided in digital format;
– digital service: a service that allows the consumer to create, transform, store or access data in digital format or a service that allows the sharing of data in digital format, uploaded or created by the consumer and other users of that service, or any other interaction with such data;
– goods with digital elements: any tangible movable good that incorporates or is interconnected with digital content or a digital service in such a way that the lack of said digital content or digital service would prevent the performance of the functions of the good;
– integration: the connection of the digital content or service with the components of the consumer’s digital environment and the incorporation into said components so that the digital content or digital service is used in compliance with the conformity requirements set out in this chapter.
- The Seller accepts orders from Customers who have both the status of consumers and from customers who do not have this quality. Pursuant to art. 3, I paragraph, letter. a) of the Consumer Code, a Consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out. The inclusion of the VAT number during the purchase procedure is considered to indicate that the purchase has been made for purposes related to the entrepreneurial, commercial, artisanal or professional activity carried out.
- If one or more sales are carried out to a person who cannot be classified as a Consumer, these general conditions of sale and the Italian Civil Code will apply, as the protections provided in favor of the Consumer, which reflect or are comply with mandatory provisions of the law;
- The purchase of products is only permitted to people who are 18 years of age or older.
- The premises form an integral and substantial part of this Contract and the Customer declares to have taken full knowledge of it and to accept its content without reservations.
1. TERMS OF USE
- The legal conditions applicable to the Seller-Customer relationship are those in force on the date of transmission of the purchase order. They can be modified at any time. Any changes and/or new conditions are considered to be in force from the moment of their publication on the Site.
- Before placing and therefore proceeding with the payment of the order, the Customer is required to carefully read these terms and conditions. Placing the order implies full knowledge and express acceptance of both the aforementioned general conditions of sale and what is indicated in the purchase procedure.
- For any kind of request or communication, the Customer can contact the Seller using the contacts at the URL https://www.itautomationparts.com/contatti/ as well as the live chat dedicated to customer support on the site.
- The Customer acknowledges, accepts and gives his consent that all communications, notifications, certificates, information, reports and in any case any documentation on the operations performed, relating to the purchase of the Products, will be sent to the email address indicated at the time of registration or transmission of the order, with the possibility of downloading the information on a durable medium in the ways and within the limits provided by the Site.
2. OBJECT
- This Contract aims to define the contractual conditions applied to sales in electronic commerce which has as its object exclusively the products offered and made available by the Seller on the website https://www.itautomationparts.com/ in favor of the Customer who have both the quality of Consumers and Customers who do not have this quality.
- The Customer can only purchase the products displayed on the site at the time of browsing. It should be noted that the image accompanying the descriptive sheet of a product has a merely illustrative function and may not be perfectly representative of its characteristics but may differ in colour, size or in relation to any accessory products present in the figure due to the systems settings computers or devices used by Customers. Therefore, for the purposes of the purchase contract, the description of the Product contained in the descriptive/product sheet and, subsequently, in the order form sent by the customer is valid.
- The contract is executed against the Customer identified by the data entered in the order form which is transmitted electronically upon acceptance of these General Conditions of Sale.
- The products sold on the site can be delivered within the national territory and in the countries specifically indicated on the site (when choosing the shipping country). In the case of choosing delivery to the user or another person indicated by the user in the purchase flow, the inclusion of shipping addresses outside the countries expressed on the site invalidates the purchase process and the contract is not stipulated.
3. PURCHASE PROCESS
- It is possible to make the purchase via the website https://www.itautomationparts.com/ or offline.
- Regarding this last option, it is possible, in fact:
1) make a specific request for a quote using the specific form (“ quick quote ”), present on the website at the url https://www.itautomationparts.com/, also in relation to products that cannot be purchased or not visible online, entering all the details of the case (for example, company name, email, product code, brand and quantity requested);
2) receive a ” quick quote ” by contacting the number at the aforementioned URL. After which the negotiation will continue offline and the contract will be considered concluded with the receipt by IT Automation SRLs of the order confirmation duly signed by the buyer and sent via official channels (PEC, email, or in any other ways specified on the site). Even in the event of an offline purchase, these conditions of sale will apply and will be attached or referenced to each quote and duly accepted with appropriate signature. It is possible that the prices in the estimate differ from those online, due to variables such as, by way of example and not limited to, type of product, quantity and availability of the same.
- As regards online purchasing, it is not mandatory to register to make purchases. Therefore, the Customer can choose to make purchases on the Seller’s site as a registered User or as an unregistered User. Registering avoids having to enter your address and shipping information every time you make a purchase on the Site.
If the Customer is registered, his billing and delivery data will be displayed automatically and can be modified if necessary. If the Customer is not registered, he is asked to enter this data with each purchase.
- Following the inclusion of one or more products in the cart, the Customer views a summary of the details and can choose to continue with the order confirmation. Subsequently, to conclude the contract and definitively transmit the order, the customer is asked, on a single page, to enter information relating to the delivery address (which may differ from the billing address) and the payment method with the relevant data Then, following confirmation by the Customer of the order summary (“buy” button), the Seller processes the payment for the order.
- Correct receipt of the order is confirmed by the Seller by means of a confirmation communication via e-mail, sent to the e-mail address communicated by the Customer when completing the order form. From this moment on the contract between Seller and Customer is perfected. This message contains the date and time of receipt of the order, a ‘Customer Order Number’, to be used in any further communication with the Seller, the link to the website page containing the ‘Terms and Conditions’ of Sale accepted by the Customer, the information strictly necessary to summarize the essential characteristics of the product purchased, the indication of the price, the means of payment used, the delivery costs and any additional costs. The message also presents all the data entered by the Customer at the time of confirming the order, who undertakes to verify its correctness and to promptly communicate any corrections by email to the addresses indicated above and present at the URL https://www.itautomationparts. com/contacts or via live chat at the same url.
- The Customer, if registered, can check the status of his order by accessing the web area dedicated to him under “My orders”.
- The Seller must be able to request further information by email or telephone, especially in order to correctly fulfill contractual obligations. Therefore, the Customer is obliged to enter real data in the order form.
- The Seller reserves the right not to execute purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect. In such cases, the Seller undertakes to promptly notify the Customer. In case of forwarding the order form and paying the price, the Seller will refund the amount already paid.
4. AVAILABILITY AND CANCELLATION OF THE ORDER
- All product orders are subject to product availability. The Site is constantly updated automatically in order to guarantee maximum correspondence between the Seller’s availability and those indicated on the Site.
- The quantities of product available at the time of the order are not visible on the site. Since the simultaneous access of many user-customers, the simultaneous possibility of “offline” orders as well as the variable quantity of each production based on the supplier company, modify the availability of the product, the Seller does not guarantee the certainty of assignment of the goods ordered.
- For certain products, subject to price promotions, the Seller reserves the right to accept orders by reducing the quantities, subject to communication and acceptance by the Customer, failing which the order must be considered cancelled.
- The Seller may cancel the order in case of unavailability of the products. In these cases, it informs the Customer by e-mail that the contract is not concluded and that the Seller has not followed up on the order, specifying the reasons. In this case, the seller proposes, before proceeding with the refund, the replacement with a similar product or another available solution (surplus rush service, product with another condition) as a solution that must always be expressly accepted by the Customer. In case of non-acceptance of the replacement product, the sum previously committed to the Customer’s means of payment will be refunded. The refund will be communicated via email.
- In all cases of cancellation of the order by the Seller, therefore for any reason, it is understood that the Seller cannot be held responsible for any damages resulting from the cancellation.
- The order can also be canceled following a request from the Customer to be sent to the email address sales@itautomationparts.com – previously evaluated and approved by the Seller – without costs only in cases where the latter has not started the preparation of the order, found through the “my orders” section or through email communication to start the preparation of the order. The refund of the price paid takes place in accordance with the instructions that will be provided, from time to time, by the Seller.
- In the event that the cancellation conditions referred to in the previous points do not apply, cancellation can still be requested by the Customer, subject to confirmation by IT Automation SRLs against payment of the (i) contribution for administrative management, (ii) of purchase costs of backordered components, (iii) transport costs, (iv) customs duties, (v) collection and currency exchange commissions possibly already incurred by IT Automation SRLs in relation to the canceled order, of a any variable penalty equal to 40% on the value of the products subject to the cancellation request, plus a further decrease in value in the case of returning goods with conditions different from those in which they were sold. The total costs will be communicated to the Customer following the cancellation request. The cancellation will become effective upon express confirmation from the Customer in relation to the costs communicated by IT Automation SRLs. In the absence of response within and no later than 72 (effective) hours, the cancellation confirmation will be considered tacitly provided. Any cost for returning the canceled order is borne by the customer, which must always be carried out with traceable shipping and always insured in the event of a value of the goods exceeding €500.
5. PRICES AND PAYMENTS
- All published prices are VAT excluded, as required by Italian law, 22% VAT will be applied for sales in Italy. In the case of purchases with destination in other EU countries made as a consumer, you will pay the VAT of the country of destination which will then be recalculated before making the payment, while as a Customer who does not have the status of Consumer, in If a valid VAT number (VAT code) is entered, VAT will not be charged. Once the order has moved to the “shipped” status, it will not be possible to request a VAT refund by changing the billing data ( the change to the billing header cannot be retroactive for the purposes of applying or eliminating VAT).
- The Seller may change the sales prices of the Products at any time and without notice and without the need for justification and specification.
- In the event that an incorrect and/or clearly negligible price is published, for any reason (system error, human error, etc.), the order will be cancelled, even in the case of initial validation.
- The validity of the prices is always and only that indicated in the order confirmation which is sent to the Customer following the sending of the order.
- The prices of the Products expressed in the individual product sheet do not include shipping costs which are, however, already displayed in the order summary when the product is added to the cart and in any case before the Customer requests confirmation of the same. Shipping costs can be modified at any time by the Seller, but the modifications are not applied to orders already sent and accepted.
- For orders outside the EU, the Customer may be subject to import duties and/or taxes, payable once the products have reached the specified destination and, therefore, cannot be quantified or in any way determinable by the Seller. These costs must be borne by the Customer and cannot be reimbursed by the Seller for any reason. The amount of international duties and/or taxes requested by the country of destination cannot invalidate this contract nor can it constitute a reason for withdrawal by the Customer, who will be made aware of the presence of further and indeterminate costs at the time of payment or, more precisely, when selecting the shipping country during the check-out phase.
- All purchases made on the site are safe, as they are guaranteed by SSL certification and the respective HTTPS protocol. The proposed payment methods involve exclusively multi-referenced circuits.
- The Customer can make the payment by credit card via Nexi Pay gateway, by bank transfer, by credit/debit card via TS Pay, according to the methods indicated in the purchase procedure. It is understood that the Seller remains extraneous to the contractual agreements that the Customer enters into with the payment companies. Furthermore, the Customer guarantees the Seller that he has the necessary authorizations to use the payment method chosen for his order at the time of sending the order.
- All orders are payable in Euros, taxes and mandatory contributions included. Any bank charges are the sole responsibility of the Customer, even in the event of a refund.
- At no time during the purchase procedure is the Seller able to know the information relating to the Customer’s credit card, transmitted via a connection protected by an encrypted protocol directly to the site of the entity that manages the electronic payment.
- Under no circumstances can the Seller be held responsible for any fraudulent or improper use of credit and prepaid cards by third parties.
- For each order placed, if the Customer has expressly requested it by ticking the appropriate box contained in the order submission form and has provided the necessary data (VAT number or valid tax code), the Seller issues an invoice for the order shipped, by sending it by email to the Customer who placed the order. For the details reported when issuing the invoice, the information provided by the Customer when processing the order is valid. No change to the invoice is possible after it has been issued in electronic format.
- Only for Customers who have already successfully concluded at least 3 orders with IT Automation SRLs, the Seller may reserve, at his discretion and subject to agreement between the parties, the payment of the amount of the new and further order in an alternative method to the advance payment (e.g. payment 30 days from order, payment when goods are ready, etc.).
6. METHOD OF EVACUATION, DELIVERY AND APPLICATION OF THE PENALTY
- The Seller can only accept orders for delivery in the countries indicated on the site indicated at this url https://www.itautomationparts.com/.
- The purchased products can be delivered to the address indicated by the Customer in the order by the date indicated in this Shipping Confirmation or, alternatively, they can be collected at the premises of IT Automation SRLs by the courier chosen by the customer (Pick up). If the Customer chooses the latter method, he must collect the products no later than 30 days from the moment the goods are ready for delivery. In the event of failure to collect the goods by the carrier chosen by the buyer, no responsibility can be attributed to the seller and, as a penalty, a percentage equal to 50% of the value of the goods will be withheld, while the remaining part of the price will be returned via the same payment method used by the Customer when purchasing the Product. Otherwise, the Customer is asked to provide the IBAN code of their bank account so that the Seller can make the relevant refund by bank transfer. By “order processing times” we mean the time interval that passes from receipt of the order to delivery of the product to the courier.
- The delivery times of the goods ordered are purely indicative, they may be subject to variations due to causes of force majeure or due to traffic conditions and road conditions in general or by act of the Authority, as well as for any delays attributable to the carrier and/or the the company supplying the products. No responsibility can therefore be attributed to the Seller in the event of a delay in processing the order or delivering the goods.
The indicative delivery times of goods in the “Available” state are normally from 1 to 2 working days.
The indicative delivery times of the “Available to Order” goods range up to 10 weeks, in an alternative case the delivery times will be communicated via e-mail. The cancellation of an “Available to Order” order is configured as in point 4-g of this documentation, “Availability and cancellation of the order”. Delivery times are subject to change due to production delays by the manufacturer or processing delays by the supplier. - The goods travel with packaging created by the Seller which varies based on the products ordered, the number of them and their weight/volume.
- Except as otherwise specified in the order summary before making the purchase, shipping costs, where applicable, are the responsibility of the Customer and detailed before payment. The Seller reserves the right to change the shipping policies at any time and give specific communication to the aforementioned URL). Payment for the goods by the Customer takes place using the method chosen when placing the order.
- The delivery is considered to have occurred or the order delivered through the acquisition by the Customer or the recipient of the order other than the Customer or, in any case, by a third party indicated by him or part of his company who qualifies as such at the time of the receipt of the goods ( ex multis , employee, collaborator, etc.) of the material availability of the product which is proven by signing (by one of the aforementioned subjects) the order receipt to the agreed shipping address. Once the declaration of the person to whom the goods are entrusted/delivered has been acquired, no liability in relation to non-receipt of the same can be attributed to the Seller.
- It is the responsibility of the Customer – or the aforementioned subjects – to make themselves available throughout the day on the days indicated for the collection of the products at the address specified at the time of purchase.
- If the Customer – or whoever on his behalf or the recipient of the products – is not present when the courier passes by on the days and/or time slots communicated, the courier will carry out n. 2 (two) delivery attempts following the first (unsuccessful). If he is unable to deliver the products despite three attempts, he will open the storage procedure. The goods can be kept in storage for a maximum of 7 working days at no additional cost to the Customer. Failure to collect at the end of this period will result in the cancellation of the order by the Seller and the reimbursement of the entire sum previously paid, minus the costs of unsuccessful delivery, the costs of returning the goods to the Seller and any any other expense from the day following the day on which the courier left the notice of passage. The termination of the contract, the refund amount and the withheld expenses are communicated to the Customer via e-mail to the address entered at the time of the order.
- Upon delivery of the products, the Customer is required to check:
– that the number of packages delivered corresponds to what is indicated in the transport document sent to you;
– that the packaging is intact, undamaged, or in any case unaltered and with the seals intact.
- Any external damage or mismatch in the number of packages must be immediately reported to the courier carrying out the delivery, adding the words ” collect with reserve “. In the specific case of a damaged package, it is necessary to state on the courier’s waybill: ” collect with reserve because the package is damaged “.
- Once the courier document has been signed, the Customer cannot make any objection regarding the external characteristics of what was delivered.
- If the Customer provides an incorrect shipping address, the order will be delayed and additional shipping and handling charges will be assessed for returned or re-routed orders. In this case, it is not possible to request a refund.
- REVIEWS
- The Customer who purchases one or more products will have the opportunity to evaluate the product, after receiving it, by leaving a review (“Review”). The Review must focus on the product received and not on the services (for example delivery) and is published under a pseudonym chosen by the Customer.
- The Customer guarantees that any information, message, text, data made available on the Seller’s site through Review is original and does not violate third party rights, including, for example, copyright, intellectual property rights.
- The Customer acknowledges that he is the author and solely responsible for any and all Reviews transmitted, disclosed, exchanged or otherwise made available to the Seller by him and undertakes to indemnify and hold the Seller harmless from any claim and/or demand of third parties resulting from your own Reviews.
- The Customer undertakes not to disclose and “post” Reviews containing sensitive data, as well as enter/publish content of a paedo-pornographic, pornographic, obscene, blasphemous, defamatory, offensive nature, contrary to public order or morality, which promotes or lead to illegal activities or contain viruses or other programs that damage the functionality of other people’s computer systems.
- The Seller declares that it does not under any circumstances carry out editorial control over the Reviews and does not carry out any control activity on the lawfulness, truthfulness, well-foundedness, accuracy, non-deceptiveness or non-offensiveness of the Reviews. In any case, the Seller reserves the right to refuse and/or delete Reviews deemed unsuitable at its discretion.
- The Seller declines all responsibility for damages, claims or losses, direct or indirect, arising to the Customer or to third parties from the transmission, disclosure, exchange or making available of Reviews provided by the Customer.
- The Customer who accesses the Site declares to be aware of the possibility that the reviews have contents deemed inappropriate by him or that may offend the sensitivity of certain people, and in any case recognizes that the responsibility for the Reviews lies not with the Seller but with the respective authors. .
- RIGHT OF RETURN, LEGAL GUARANTEE OF CONFORMITY AND SELLER’S GUARANTEE
- Right of withdrawal In accordance with art. 52, of the Consumer Code Legislative Decree. 205/06, for the Seller’s products and purchased by the Customer who holds the status of Consumer (one who purchases as a Private individual, without therefore entering a Valid VAT number) — the right of withdrawal is provided for within 14 days of delivery of the products. For customers who make purchases as a company or sole proprietorship (with a valid VAT number), the right of withdrawal can never be exercised.
In particular, the Consumer can write to the following email address: sales@itautomationparts.com, indicating:
— Recipient [the name, geographical address and, if available, telephone number, fax number and email addresses must be entered by the professional]:
— I/we () hereby notify the withdrawal from my/our () contract of sale of the following goods/services (*)
— Ordered on ()/received on ()
— Name of consumer(s)
— Address of the consumer(s)
— Date
- Seller’s Responsibilities
In the event of receipt of an incorrect product compared to what was ordered ( to be understood as the only case in which the error is attributable to the Seller ) or damaged (for reasons attributable to the Seller or the courier) or altered or, in general, non-compliant, the Customer who holds the status of Consumer has the burden of reporting such errors and defects within 26 months of delivery pursuant to art. 133 c. 3 and 135 quaterdecies c.4 of the Consumer Code, in the case of the supply of digital content or digital service. Pursuant to art. 135 c. 1 of the Consumer Code, the lack of conformity communicated by the Consumer is presumed to exist within one year from the date of delivery of the product, unless evidence to the contrary is provided by the Seller of the incompatibility of the defect with the nature of the goods or with the nature of the lack of conformity . This paragraph also applies to goods with digital elements.
In the event of a purchase by a Customer who does not have the status of Consumer – as defined in point “c” of the “premise” – the provisions of the Civil Code or, specifically, art. . 1495 cc which requires the reporting of defects within 8 days of discovery. The action expires one year from delivery. Therefore, pursuant to these Terms and Conditions, the manufacturer’s warranty of the purchased good does not apply, as It Automation does not act as an authorized reseller.
b.1 Refurbished products are covered by the same legal guarantee applied to new products. However, it should be noted that, due to the characteristics of refurbished (used) products, any aesthetic and non-functional defects, such as scratches, signs of wear, lack of accessories that are not essential for the functioning of the product, will not be covered by the legal guarantee . The Customer who purchases the reconditioned product, that is, aware of the product purchased, in all its characteristics, cannot claim as a lack of conformity what is inherent to the product itself and accurately described.
In any case, the Customer has the burden of attaching, to the return email, for the consumer or, to the return form, for the company, appropriate photographic and/or videographic documentation from which the error or defect.
This is without prejudice to the additional conventional guarantee granted by the Seller for reconditioned products, for a maximum duration of 12 (twelve) months from purchase, where applicable and, therefore, specified in the relevant product sheet.
b.2 In the case of goods with digital elements, in the contractual relationship between the seller and the consumer (b2c) the seller is obliged to keep the consumer informed of the available updates, including security ones, necessary in order to maintain the conformity of such goods , and to provide them to him, within the period of time:
- a) che il consumatorepuo’ragionevolmente aspettarsi, date la tipologia e la finalià’ dei beni e degli elementi digitali, e tenendo conto delle circostanze e della natura del contratto, se il contratto di vendita prevede un unico atto di fornitura del contenuto digitale o del servizio digitale;
oppure
- b) se il contratto di vendita prevede una fornitura continuativa del contenuto digitale o del servizio digitale nell’arco di un periodo di tempo.
Se il consumatore non installa entro un congruo termine gli aggiornamenti forniti a norma dell’art. 135, undicies, co. 2, Codice del Consumo, il venditore non è responsabile per qualsiasi difetto di conformità derivante unicamente dalla mancanza dell’aggiornamento pertinente, eccetto che nei casi previsti alle lettera a) e b) del presente articolo, co.2.
Non vi è difetto di conformità’ ai sensi dell’articolo 129, co. 3, e dell’articolo 130, co. 2, se, al momento della conclusione del contratto di vendita, il consumatore era stato specificamente informato del fatto che una caratteristica particolare del bene si discostava dai requisiti oggettivi di conformità previsti da tali norme e il consumatore ha espressamente e separatamente accettato tale scostamento al momento della conclusione del contratto di vendita.
In ogni caso, per i beni con elementi digitali It Automation SRLs non garantisce gli aggiornati dei firmware. Pertanto, in tali casi, nessun tipo di responsabilità può essere addebitata a It Automation SRLs. È fatto obbligo per il Cliente rispettare i termini di qualsiasi Contratto di licenza relativo all’ottenimento o all’installazione del firmware laddove presente. A seguito del ricevimento dell’email e/o del modulo e della relativa documentazione, il Venditore valuta l’errore, i difetti e le non conformità denunciati dal Cliente e decide se autorizzare la restituzione dei Prodotti fornendogli un riscontro, contenente il “Codice di reso”, via email all’indirizzo fornito in fase di trasmissione dell’ordine.
- L’autorizzazione a restituire i prodotti non costituisce in alcun modo riconoscimento di difetti o non conformità, la cui esistenza deve essere accertata successivamente alla restituzione attraverso ispezione e analisi tecnica del prodotto/dei prodotti che potrà durare da 1 a 7 giorni lavorativi dall’arrivo della merce nei magazzini di It Automation nel caso l’utente ricopra la qualità di Consumatore, mentre da 1 a 15 giorni se l’utente non acquista in qualità di Consumatore.
- A tale fine, pertanto, il Cliente è invitato a non manipolare il prodotto oltre quanto strettamente necessario e deve rivestire l’involucro originale dei prodotti con altro imballo protettivo che ne conservi l’integrità e li protegga durante il trasporto anche da scritte o da etichette.
- I prodotti, di cui il Venditore autorizza la restituzione per i predetti motivi, devono essere resi dal Cliente attraverso un vettore con spedizione tracciabile e sempre assicurata in caso di valore superiore a € 500, unitamente alla copia della comunicazione di autorizzazione alla restituzione recante il “Codice di reso”, al seguente indirizzo: , entro:
-14 (quattordici) giorni dalla denuncia del difetto o della non conformità;
In tale ipotesi, prima di procedere al rimborso, laddove non risulti impossibile o eccessivamente oneroso per il Venditore, quest’ultimo propone la riparazione o la sostituzione con prodotto analogo quale soluzione che deve sempre essere accettata espressamente dal Cliente. In caso di mancata accettazione del prodotto sostituivo, la somma precedentemente impegnata sul mezzo di pagamento del Cliente verrà rimborsata. L’eventuale rimborso del prezzo pagato e delle relative spese di spedizione viene effettuato, ove possibile, mediante il medesimo mezzo di pagamento utilizzato dal Cliente all’atto di acquisto del Prodotto. In caso contrario, il Cliente viene invitato a fornire codice Iban del proprio conto corrente bancario affinché il Venditore possa eseguire, mediante bonifico bancario, il relativo rimborso.
- Nel caso in cui, a seguito delle verifiche di controllo dovesse emergere una manomissione del prodotto, il Venditore non restituirà l’importo pagato dall’acquirente e comunicherà prontamente tale decisione al Cliente.
9. CLAUSOLA RISOLUTIVA ESPRESSA
Il Venditore ha la facoltà di risolvere il contratto stipulato dandone semplice comunicazione al Cliente ed indicando la motivazione; in tal caso il Cliente ha diritto esclusivamente alla restituzione dell’eventuale somma già corrisposta senza qualsivoglia ulteriore pretesa.
Le obbligazioni assunte dal Cliente, nonché la garanzia del buon fine del pagamento che il cliente effettua con i mezzi di cui all’art. 5, hanno carattere essenziale, cosicché per patto espresso, la inadempienza, da parte del Cliente, delle prestazioni alla base dell’esecuzione del contratto e della qualità del servizio (ex multis, comportamenti che ostacolano o non agevolano la spedizione dei prodotti da parte del Venditore) può determinare la risoluzione di diritto del contratto ex art.1456 c.c., fatto salvo il diritto per il Venditore di agire in giudizio per il risarcimento dell’ulteriore danno.
10. LIMITAZIONE DELLA RESPONSABILITA’
- Il Venditore, nel caso in cui non riesca a dare esecuzione all’ordine nei tempi previsti dalle presenti condizioni generali di vendita, non assume alcuna responsabilità se l’inadempimento o l’inesatto adempimento derivi da disservizi per il fatto di un terzo, per colpa del Cliente o imputabili a causa di forza maggiore o caso fortuito o qualsiasi altro evento che non sia sotto il controllo diretto ed esclusivo del Venditore (includendo, a titolo esemplificativo ma non esaustivo, eventi naturali catastrofici, atti di terrorismo, guerre, sommosse popolari, mancanza di energia elettrica, sciopero generale dei lavoratori pubblici e/o privati, sciopero e/o restrizioni in tema di viabilità dei corrieri e dei collegamenti aerei, periodi festivi (ad es. periodo natalizio), ritardi o mancata produzione dei prodotti da parte del fornitore.
- Il Venditore non è altresì responsabile nei casi di cui all’art. 118 lett. b) ed e) del Codice del Consumo, rispettivamente nei casi in cui il difetto che ha cagionato il danno non esisteva quanto il Venditore ha messo in vendita il prodotto e quando lo stato delle conoscenze scientifiche e tecniche, al momento in cui il Venditore ha messo in circolazione il prodotto, non permetteva ancora di considerare il prodotto come difettoso;
- Il Venditore non è in alcun modo responsabile per eventuali danni, causati al Cliente o a terzi, derivanti da un utilizzo non conforme dei prodotti.
- Il Venditore non è in alcun modo responsabile dell’uso improprio e/o della divulgazione a terzi soggetti delle informazioni di registrazione/accesso del Cliente.
- Il Venditore declina ogni responsabilità per danni diretti e indiretti, siano essi prevedibili o non, conseguenti e/o connessi all’utilizzo del Sito da parte del Cliente. Qualora il Venditore sia ritenuto responsabile di un pregiudizio subito dal Cliente e imputabile esclusivamente alla trasmissione di un ordine, tale responsabilità è limitata all’ammontare dell’ordine effettivamente pagato dal Cliente al Venditore.
- Il Venditore non assume alcuna responsabilità per l’eventuale uso fraudolento ed illecito che possa essere fatto da parte di terzi delle carte di credito ed altri mezzi di pagamento, all’atto del pagamento dei Prodotti acquistati, qualora dimostri di aver adottato tutte le cautele possibili in base alla migliore tecnologia ed esperienza del momento ed in base alla ordinaria diligenza.
11. ONLINE DISPUTE RESOLUTION (Risoluzione Online delle Controversie)
Ai sensi e per gli effetti dell’art. 14 del regolamento UE n.524/2013, si informano i Clienti Consumatori residenti negli Stati appartenenti all’Unione Europea che per la risoluzione delle controversie relative al presente contratto e ai servizi online offerti da questo sito, vi è la possibilità di ricorrere al procedimento di Online Dispute Resolution (ODR), previsto dalla Commissione Europea, e raggiungibile al seguente link: https://webgate.ec.europa.eu/odr/.
In compliance with the provisions of the aforementioned legislation, we also inform you that the Seller’s ordinary email address is itautomationparts@pec.it
12. JURISDICTION AND COMPETENT COURT
These General Conditions of Sale are governed by Italian law and are interpreted according to it, without prejudice to any different prevailing mandatory law of the country of habitual residence of the Customer.
For any dispute arising from the application, execution and interpretation of these General Conditions of Sale, the Court of Pesaro has exclusive jurisdiction if the Customer has made the purchase for purposes relating to entrepreneurial, commercial, professional or artisanal activity.
For any dispute between the Consumer and the Seller, the court in whose district the Consumer has his residence or domicile is competent.
Pursuant to and for the purposes of articles 1341 and 1342 cc, the Customer declares to have carefully read the contract and to expressly approve the following clauses:
Art. 4 (availability of products and tacit confirmation of cancellation referred to in letter g));
Art. 5.f. (duties and taxes of the destination country);
Art. 6 (limitation of liability for delays in delivery and failure to receive the goods, penalty);
Art. 9 (express termination clause);
Art. 8.b2 – 10 (limitations of liability);
Art. 12 (exclusive jurisdiction for the Customer who does not have the status of Consumer)