GENERAL ON LINE SALES CONDITIONS
DEFINITIONS AND GENERAL REGULATIONS
The goods, whose sale is regulated by the present conditions, is performed by the company GALIFFA KART (VAT n. IT00898000674) currently located in Via Arrigo Boito, n°12 64016 Sant’Egidio alla Vibrata (TE), Italia, listed with the Chamber of Commerce of Teramo with n°116249 declaring ownership of the website www.galiffakart.it and also that all correspondence should be sent to the e-mail address email@example.com, hereinafter also referred to as the Seller.
The term Buyer means the physical individual or legal person that carries out the acquisition according to the methods specified in this contract: unless indicated to the contrary, the e-mail address indicated for all correspondence will be the one from which the purchase proposal is received from the customer himself.
Galiffa Kart reserves the right to change the present sales conditions unilaterally with the warning that the changes will be effective from the moment that they are published on the website www.galiffakart.it.
The changes (be they indifferent, a meliorative or pejorative for the buyer) will not have any retroactive effect on contracts previously stipulated.
Carefully and aware reading of these conditions is recommended: any possible clarifications should be requested before execution of the transaction by sending an e-mail to firstname.lastname@example.org.
Once the order has been placed on-line according to the methods indicated, the customer accepts the obligations and rights described below: any other agreement between the parties notwithstanding or in addition to the specifications made in these “general sales conditions” should be agreed in writing with the Seller.
SUBJECT, CONCLUSION and EFFECTIVENESS OF THE CONTRACT
The objective of these general conditions is to regulate the range of products offered for remote sale using on-line instruments from the website www.galiffakart.itand illustrated therein.
Therefore, the contract is considered perfected when the buyer makes the order according to the methods described in the website as indicated above.
Exclusively with regards to the sale of chassis or motors, the contract is perfected through reception by the Buyer of an order confirmation also sent on-line to the same address provided by the Buyer or from which he has made the purchase proposal.
No alternative methods of conclusion of the contract are available with regards to on-line sales.
Any possible clarifications or doubts on the technical characteristics and use of the products sold should be made in writing before execution of the sales transaction according to the methods indicated in the paragraph above.
Customers that plan to conclude a purchase should indicate their Tax Code or VAT number: if this is not indicated or it is mistaken or there are doubts on the truthfulness of this indication, the goods ordered will not be sent.
METHODS OF PAYMENT, PRICES AND POSSIBLE ADDITIONAL COSTS (FOR EXAMPLE CUSTOMS COSTS AND DUTIES)
Payment of the transaction by the Buyer should be carried out in one solution to the supplier and in Euro, regardless of the destination of the goods bought and sold:
The following methods are available for payment of the amount:
a) cash on delivery
c) credit card
Any possible alternative methods are only available if specifically agreed in writing with the Seller.
The price indicated on the website is provided in Euro and represents an offer to the public in accordance with Art.1336 of the applicable Civil Code in Italy: it refers to the product with the essential characteristics of the product illustrated and includes VAT only in the current percentage upon conclusion of the transaction.
The prices indicated in the website www.galiffakart.italongside each product are valid until they are removed or changed by the catalogue and by the website.
In the case of discounts applied for a specific period of time, the discounted price will be considered valid and applied when the order is placed during publication of the lower amount indicated on the website: every date and time indicated on the website when the products are put up for sale, refers to the Italian time zone.
All despatch and improvement costs or, in any case, changes to the goods to be agreed exclusively in writing with the Seller and, in general, all extra costs, such as possible customs costs, will not be included in the “product price”.
Dispatch costs will be borne by the customer in addition to purchase costs of the product, will be transmitted upon conclusion of the sales contract as regulated by Art. 1.
The customer is briefed on the circumstance that, in the case of delivery outside of Italy, the goods may be subject to import duties and taxes, payable once the goods reach their destination.
For this reason the Buyer is in charge of checking the existence or absence of such customs costs or additional charges applicable in the country of destination of the goods or transit, amounts that will be paid exclusively by the final customer and, in addition to the sales price: if these amounts are requested by relative authorities in charge of collection directly with regards to the Seller, they have the right to request them from the Buyer.
The Seller will issue a relative electronic invoice or equivalent document following conclusion of the sales transaction.
SAFETY AND LIMITS TO IMPORTS.
As it is not possible for the Seller to check any possible limits or restrictions with regards to import of the ordered product, parts of it and components aimed at their operation and/or use in all countries in which they are dispatched, the Customer is obliged to check the reference norms of the country of destination before sending the order.
The Buyer is responsible for import of the purchased products to be destined exclusively for the use as indicated in the website.
LEAD TIMES AND DELIVERY METHODS
Despatch times (meaning delivery of the product by the Seller to the express courier) may vary from the date of the order itself to a maximum of 5 to 6 working days following conclusion of the contract, excluding any different agreements to be defined in writing.
The presence of the product on the website of the Seller does not guarantee immediate availability of the product itself in the warehouse: the Seller must indicate this possibility and any other dispatch times compared with the ones indicated in the paragraph above, once again using the e-mail address from which the order, as indicated in Art. 1, has been received.
DAMAGE TO PRODUCTS AND NON COMPLIANCE
The Seller will not be held responsible for damage or theft (including product parts) that may occur after handing over of the goods to the shipper.
In any case the Customer is obliged to report the event within three days from receipt of the damaged goods to the Seller or effective from verification of the theft.
If the Customer recognises non compliance of the essential parts of the delivered product compared with the one indicated in the order, he is obliged to report the event in writing together with a photograph of the complaint and of the damaged parts: this activity should be carried out before using the delivered goods.
The Customer, qualified as a “consumer”in accordance with Italian law (as such considered as the person acting for objectives outside of the sales or professional activities and with the scope of buying goods or services, while a professional is he who acts for professional or commercial objectives) will have the power to freely withdraw without having to providing any reason within 14 (fourteen) days from when the goods are delivered and, clearly, before having used the goods.
Withdrawal may be exercised by the Customer by presenting a specific written statement of his decision to withdraw from the contract, to be sent by registered mail with advice of receipt to the headquarters of the Seller GALIFFA KART(VAT n. IT00898000674) in Via Arrigo Boito, n°12 64016 Sant’EgidioallaVibrata (TE), Italy, or present any kind of specific statement indicating his decision to withdraw from the contract before expiry of the terms for execution of this right.
Following the correct execution of withdrawal by the Customer, the Seller will reimburse the Customer with all payments received within 14 (fourteen) days.
The goods will be returned, with all costs borne by the consumer.
The Seller will not accept returns if return costs have not been paid completely by the Customer or if the methods and times described above with regards to execution of the withdrawal right have not been respected.
Execution of the withdrawal right will not be possible if the product has not been returned in an integral form and in its original packaging complete with all accessories (including the explanatory label and/or technical specifications).
It is not possible to exercise the right of withdrawal on the products on offer.
The Buyer will be obliged to return the goods without any delay and, in any case, within fourteen days from the date of communication to the Seller of his decision to withdraw from the contract: the term is respected if the consumer proves that he has dispatched the goods before the expiry date of the period of fourteen days.
Once the goods have been received and their integrity has been checked, reimbursement will be organized. The amount to be refunded will be duly paid, therefore any transport costs borne by the Customer for receipt of the goods will also be reimbursed.
The only cost that the Customer will have to pay will be dispatch cost for return of the product to the sender.
The Seller is not obliged to reimburse additional costs, if the consumer has specifically chosen a form of delivery other than the cheaper one indicated for the destination of the goods.
EXCEPTIONS TO THE WITHDRAWAL RIGHT
As well as for professional customers that cannot be qualified as “consumers” in accordance with the Legislative Decree n. 206 of 06/09/2005, Official Journal n. 235 of 08/10/2005 and subsequent modifications, the withdrawal right is not valid for all goods that have been modified or personalized following a request of the customer-consumer or for the goods that have been made specifically for the customer following his specific requests.
LIMITATIONS IN RESPONSIBILITY
Galiffa Kart will not be held responsible for any disservices attributable to force majeure if it is not possible to execute the order within the times indicated by the contract and will not be held responsible towards the Buyer, excluding situations of arson or gross negligence, disservices or malfunctioning connected with the use of the internet.
Galiffa Kart will not be held responsible for any possible fraudulent or illegal use that may be made by third parties with regards to the payment methods of the purchased products as well as any possible claims made by users of the network with regards to the impossibility of using the website and/or the services for any reason whatsoever.
Galiffa Kart should not be considered defaulting or responsible for damages, claims or losses deriving from the Buyer for failure and/or faulty operation of the electronic equipment of the users themselves or of third parties, including Internet Service Providers, telephone and/or computerized connections, also attributable to the action of other users or other people with access to the network or deriving from events of force majeure or unforeseeable circumstances.
In no case whatsoever may the Buyer be held responsible for delays or mistakes with regards to payment if he proves payment made within the times and according to the methods defined with the Seller.
RESPONSIBILITIES DUE TO FAULTS, PROOF OF DAMAGE AND REFUNDABLE DAMAGE
Galiffa Kart will not be held responsible for damage caused by the goods sold when they are used in any way different from the use indicated.
Any possible requests made by the damaged party should be presented in writing offering an illustration of the allegedly faulty product, if they still exist.
The Seller will not be held responsible for consequences deriving from a faulty product if the fault is due to product compliance, an imperative legal norm or a binding measure, or if the state of scientific and technical knowledge, once the manufacturer has distributed the product, did not allow for the product to be considered faulty.
Reimbursement will not be due if the damaged product was aware of the fault of the product and of the relative danger deriving from it or if the fault was immediately perceivable or if the Customer or a third party were voluntarily exposed to the danger.
PROPERTY RIGHTS OF BRANDS AND PATENTS
All brands (registered or not), as well as any and all ingenuity works, distinctive signs or names, images, photographs, written text or charts and in general any other tangible or intangible goods protected by international laws and conventions related to intellectual property and industrial property reproduced on the website www.galiffakart.itwill remain the exclusive property of Galiffa Kart and/or of its predecessors, without access to the website and/or stipulation of the contract regulated by these conditions, provides the Buyer with any rights to them.
Any use of the brands, patents, utility models and images found within the site is prohibited without the prior written authorization of Galiffa Kart in favour of whom all relative rights are reserved on an exclusive basis.
APPLICABLE LAW AND EXCLUSIVE COURT
This contract is regulated by Italian law.
For any controversy that may arise with regards to execution of the sales contract regulated herein or with regards to interpretation of these general conditions of the contract, the Court of Teramo will be considered exclusively competent.
This contract rescinds and replaces every possible written or verbal agreement, understanding, negotiation that may have been previously made between the Parties and regarding the subject of this contract.