Art.1: DEFINITIONS
1.1 These general terms and conditions, available to the consumer for reproduction and preservation pursuant to art.12 D.Lgs. 70/2003, concern the purchase of products, carried out remotely via a telematic network through the website www.rialzi4x4evo.store.
1.2 By "online" sales contract is meant the distance contract, that is the legal shop for movable goods and / or services entered into between a supplier, RIALZI 4X4 EVO SRL and a final consumer - customer or other professional users, in the 'part of a distance selling system organized by RIALZI 4X4 EVO SRL which, for this contract, uses only the remote communication technology called internet.
1.3 By consumer we mean the natural person who buys goods and services for purposes that are not directly or directly related to the professional activity that may be carried out.
1.4 Professional users means the natural or legal person who purchases goods and services for purposes directly or medically related to any professional activity that may be carried out.
Art.2: ACCEPTANCE OF SALES CONDITIONS
2.1 These general conditions are valid from the day and can be updated, integrated or modified, obviously having effect for the future, at any time by RIALZI 4X4 EVO SRL, which will communicate them through the website pages; the conditions set out in the introduction are an integral and essential part of this contract.
2.2 All contracts will be concluded directly through access by the consumer customer or professional user to the website corresponding to the address www.rialzi4x4evo.store, where, in fact, they will be able to conclude the contract for the purchase of the goods and / or desired product by carefully following the instructions and procedures.
2.3 These general conditions of sale must be examined "online", before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the same and their full acceptance.
2.4 The customer or professional user, by sending the confirmation of his purchase order electronically, unconditionally accepts and undertakes to observe, in his dealings with RIALZI 4X4 EVO SRL, the general and payment conditions illustrated below, declaring that he has having read and accepting all the information provided by him pursuant to the aforementioned standards, acknowledging that yes, RIALZI 4X4 EVO SRL does not consider itself bound to different conditions unless previously agreed in writing.
2.5 The sales operations are regulated for the consumer by the provisions of Legislative Decree n. 185 of 22 May 1999, while the protection of confidentiality is subject to the provisions of Legislative Decree 30 June 2003, n.196, and subsequent amendments and additions.
Art.3: SALE PRICES AND PURCHASE METHODS
3.1 The products, prices and conditions of sale on the site www.rialzi4x4evo.store - within the limits of their availability - constitute for the consumer an offer to the public and, therefore, require, for the conclusion of the contract, acceptance of the same consumer, manifested through the exact compilation of all sections and online membership, following the instructions on the screen and, lastly, selecting and, therefore, accepting the boxes with the words ACCEPTANCE OF SALES CONDITIONS and PRIVACY LAW.
3.2 For customers other than consumers, however, product orders are expressly declared irrevocable during the entire time required for delivery and, in any case, for 30 days from the date of the order.
3.3 In any case, the total cost of shipping to the customer's home is borne by the customer.
3.4 In the hypothesis sub 3.2, the irrevocable purchase proposal is perfected through the exact compilation and the consent to the purchase manifested through the adhesion given "online", following the instructions on the screen and, lastly, selecting and, therefore, accepting the boxes with the words ACCEPTANCE OF SALES CONDITIONS and PRIVACY LAW.
3.5 All customers can pay for the goods ordered using the payment methods indicated "online" at the time of purchase.
3.6 The prices of the different types of transport refer to the overall weight, the delivery destination and / or any other required services (insurance, delivery times, etc.).
3.7 In the case under 3.2, the receipt of the order does not bind RIALZI 4X4 EVO SRL until the same has expressly accepted the order itself in writing or with the shipment of the goods.
3.8 The buyer expressly gives RIALZI 4X4 EVO SRL the right to accept even partially the order placed, allowing it to ship the goods directly within the limits determined by the seller. In this case, the contract will be considered completed in relation to the goods actually sold.
Art.4: DELIVERY METHODS
4.1 RIALZI 4X4 EVO SRL will deliver to the customers, at the address indicated by them, the products selected and ordered, in the manner provided by the previous article, by couriers.
4.2 In the event that payment is made by credit card, delivery must necessarily take place at the home of the cardholder, as declared to the issuer.
4.3 The purchased goods will be delivered within the terms provided for by art.6 Legislative Decree 185/1999. No responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances.
4.4 The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order made; only after such verification, and obviously except for the right of withdrawal provided for in point 8, the customer must sign the delivery documents. The right of withdrawal is obviously excluded if the goods sold are made "to measure" by the customer.
4.5 RIALZI 4X4 EVO SRL is not responsible for damages or delays in delivery caused by the carrier to the products purchased, remaining totally unrelated to the relationship between the carrier and the customer.
4.6 The customer will be able to choose another carrier, obviously being understood that in this case the transport will take place at his exclusive risk, care and expense, and that the payment cannot be made on delivery, but, in addition to the other methods indicated on the site, by advance payment.
Art. 5: AVAILABILITY OF THE PRODUCTS
5.1 The customer can purchase the products under the conditions indicated in the electronic catalog prepared by RIALZI 4X4 EVO SRL.
5.2 RIALZI 4X4 does not guarantee the continuous availability of the products at the conditions offered, remaining committed, in case of unavailability and payment of the goods, to promptly inform the customer and to refund the price without additional charges, within 30 days.
5.3 In any case, RIALZI 4X4 EVO SRL will have the right to confirm and / or modify the indicated price and in this case the consumer can withdraw before delivery if the final price is excessively high compared to the one originally agreed.
Art.6: RESPONSIBILITY
6.1 RIALZI 4X4 EVO SRL does not assume any responsibility for the disservices attributable due 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, from executing within the times agreed to the contract.
6.2 RIALZI 4X4 EVO SRL will not be liable to any party or third parties for damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, having the consumer entitled only to the refund of the price paid.
6.3 RIALZI 4X4 EVO SRL is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, when paying for the products purchased. RIALZI 4X4 EVO SRL, in fact, at no time during the purchase procedure is able to know the credit card number of the buyer who, by opening a secure connection, is sent directly to the manager of the banking service.
6.4 RIALZI 4X4 EVO SRL is also unable to know the data provided to the lender, given that when choosing this method of payment, the buyer opens a secure connection, sent directly to the lender.
Art. 7: GUARANTEES AND ASSISTANCE METHODS
7.1 At the time of the order and, in any case, before the conclusion of the contract, at the request of the consumer, RIALZI 4X4 EVO SRL will communicate the guarantee conditions.
7.2 In the event that there is a need for an intervention covered by the guarantee, and, if the purchase was made by a consumer, the transport costs at RIALZI 4X4 EVO SRL and those for returning to the applicant's home will be borne by the customer himself , unless otherwise specified in the return form, which must be completed, signed and delivered together with the goods.
7.3 In the event of a lack of conformity, the rules set out in articles 1519 - bis and following of the civil code will apply.
Art.8: OBLIGATIONS OF THE PURCHASER
8.1 The consumer agrees and undertakes, once the "online" purchase procedure is concluded, to print and keep these general conditions, which, moreover, will have already viewed and accepted as an obligatory step in the purchase , as well as the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in articles 3 and 4 of Legislative Decree No. 185/1999.
8.2 These general conditions can be updated or modified at any time by RIALZI 4X4 EVO SRL, which will communicate them via its website. The consumer undertakes and obliges, whenever there is a modification of these general conditions, to provide for their printing and storage.
8.3 It is strictly forbidden for the buyer to enter false, and / or invented, and / or invented data, in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and e-mail must be exclusively their real personal data and not of third parties, or fantasy.
8.4 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. RIALZI 4X4 EVO SRL reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.
8.5 The Customer indemnifies RIALZI 4X4 EVO SRL from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, as the Customer is solely responsible for the correct insertion.
Art.9: RIGHT OF WITHDRAWAL
9.1 Pursuant to art.5 of Legislative Decree 22 May 1999, no.185, the consumer customer can exercise the right of withdrawal, except for goods sold "made to measure", returning the goods received in their original packaging, without tampering of any guarantee seal or simple opening and / or deterioration of the same external packaging, and obtaining a refund of the price paid.
9.2 Unless it concerns customized products (Lift kit), or the other exclusions referred to in art. 59 of the Cons. Code, the consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 10 working days from the day of receipt of the purchased good. The right of withdrawal must be exercised in compliance with the mandatory conditions established by the manufacturing companies and the right of withdrawal can be exercised provided the asset has not been used. The right of withdrawal in question is applicable only to spare parts, therefore all lift kits are to be considered excluded.
9.3 All costs of returning the products are borne by the customer who, directly or by other means, will deliver them to the seller's home; all items must be received in the same conditions of receipt, provided with the original packaging and any manuals and / or instruction booklets that are part of the packaging and the original packaging; the return of the goods in another way is not allowed.
9.4 To exercise the right of withdrawal, the customer must, within the period indicated above, send a registered letter with return receipt to the following address: RIALZI 4X4 EVO SRL via Gove 12, 51010, Marliana. Within the same deadline, a telegram or a fax can be sent to which the aforementioned registered letter with acknowledgment of receipt confirming the withdrawal manifest must follow within 48 hours.
9.5 RIALZI 4X4 EVO SRL will accept the returned goods, reserving the right to ascertain that the products have been returned in their original state; only in this case will he forward the amount paid by the consumer for the purchase of the products.
9.6 The transport costs incurred for the delivery of the product to the customer and for any return to RIALZI 4X4 EVO SRL are not refundable.
Art.10: AUTHORIZATIONS
10.1 By filling in the space provided on the website, the Customer authorizes RIALZI 4X4 EVO SRL to use his credit card, or other card issued to replace it, and to debit his current account in favor of RIALZI 4X4 EVO SRL the total amount shown as the cost of the purchase made "online". All the procedure is done through a secure connection directly connected to the bank owner and manager of the "online" payment service, which RIALZI 4X4 EVO SRL cannot access.
10.2 If the consumer were to exercise the right of withdrawal, as articulated in point 9 of these general conditions, or in any case where the payment does not result in the completion of the sale, the amount to be refunded will be credited to the same credit card. credit.
Art.11: CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
11.1 RIALZI 4X4 EVO SRL has the right to terminate the stipulated contract by simply communicating it to the customer indicating the reason; in this case the customer will be entitled only to the refund of any sum already paid.
11.2 The obligations assumed by the customer pursuant to Article 8 (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment, are essential, so that by express agreement, the Customer's failure to fulfill only one of these obligations will determine the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for judicial judgment, without prejudice to the right for RIALZI 4X4 EVO SRL to take legal action for compensation for further damage.
Art. 12: PRIVACY
12.1 Personal data are collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications; these data are processed electronically in compliance with the laws in force and can be presented only upon request of the judicial authority or other authorities authorized by law for this purpose.
12.2 Personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the contract stipulated and disclosed exclusively for this purpose.
12.3 The interested party enjoys the rights referred to in Article 13 of Presidential Decree 196 of 30 June 2003 and subsequent amendments and additions, namely: to ask for confirmation of the existence of their personal data at the RIALZI 4X4 EVO SRL headquarters; to know their origin, logic and purpose of their treatment; to obtain its updating, rectification and integration; to request cancellation, transformation into anonymous form or block in case of illegal treatment; to oppose their treatment for legitimate reasons or in the case of use of the data for sending advertising material, commercial information, market research, direct sales and interactive commercial communication.
12.4 The rights deriving from the privacy legislation and the disclosure obligations arising from it for RIALZI 4X4 EVO SRL are examined "online", before the completion of the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the same. The customer or professional user, by sending the confirmation of his purchase order electronically, declares to have been informed of all his rights pursuant to the aforementioned rules.
12.4 Owner and manager of the collection and processing of personal data is RIALZI 4X4 EVO SRL,
12.5 RIALZI 4X4 EVO SRL informs customers that there is a particular risk of violation of network security, a risk that may also arise, due to the particular nature of the means used, outside the scope of the minimum security measures that it itself is required to adopt in accordance with current legislation.
12.6 RIALZI 4X4 EVO SRL declines any responsibility due to damage to things or to third parties in municipal, provincial or state roads, due to breakage of the materials sold or kit rises due to incorrect use as they are for off-road use.
12.7 Disclaimer
The customer frees the company from any civil / criminal liability deriving from the use of non-approved products purchased here, while stating that it will make the vehicle equipped with these products a use intended only for competitive / sporting competitions or for use on an unopened closed circuit to the public.
12.8 Integrality
These general conditions of sale are made up of all the clauses that make them up. If one or more provisions are found to be invalid by an authority having jurisdiction, the other clauses will continue to have full force and effect.
Jurisdiction
For civil disputes relating to the application of these general conditions of contract, the judge of the place of residence or domicile of the Customer-consumer is competent; in all other cases (customers who own VAT or who do not have a residence or domicile in Italy), Pistoia is elected as the competent forum.
Privacy
The Customer authorizes the processing of their personal and sensitive data, exclusively for the purposes of the execution of these general contract conditions, which will be disciplined and protected pursuant to Legislative Decree n. 196/2003.
Obligation of the buyer
The Customer undertakes and undertakes, upon conclusion of the purchase procedure on the Site, to print and keep these general conditions of contract.
The customer here declares to have viewed and accepted these general conditions of contract before the conclusion of the purchase.
Exclusions
The Customer-consumer acknowledges that the consumer protection regulations do not apply in the case of purchases with a value of less than € 50.00 (€ fifty / 00)