1.1 These general terms and conditions, available to the consumer for reproduction and preservation pursuant to art. D. D.Lgs. 70/2003, concern the purchase of products, carried out remotely via a telematic network through the website www.rialzi4x4evo.it.
1.2 "Online" sales contract means the distance contract, namely the legal deal for mobile goods and / or services concluded between a supplier, RIALZI 4X4 SRLS and a final consumer - customer or other professional users, in the context of a remote selling system organized by RIALZI 4X4 SRLS, which, for this contract, it uses exclusively the Internet-based remote communication technology.
1.3 A consumer is a natural person who buys goods and services for non-referencing purposes, either directly or indirectly, to any professional activity that may be carried out.
1.4 Professional user means a natural or legal person who purchases goods and services for purposes directly or indirectly related to any professional activity that may be carried out.
Art.2: ACCEPTANCE OF SALE CONDITIONS
2.1 These General Terms and Conditions shall be valid from the day and may be updated, supplemented or modified, having obvious effect for the future, at any time by RIALZI 4X4 SRLS, which shall communicate it through the web site pages; the conditions set out in the preamble are an integral and essential part of this contract.
2.2 All contracts will be concluded directly by the user or professional user access on the website www.rialzi4x4evo.it , where they will be able to conclude the contract for the purchase of the goods and / or desired product, following the directions and procedures carefully.
2.3 These general terms and conditions of sale must be examined "on line" before the completion of the purchase procedure. Forwarding the order confirmation therefore implies full knowledge of the same and their full acceptance.
2.4 The customer or professional user, with the electronic submission of the confirmation of his purchase order, accepts unconditionally and undertakes to observe, in his relationship with the Rialzi 4x4 srls rapport, the general conditions and payment described below, stating that he has taken vision and acceptance of all the information provided to him under the aforementioned standards, also acknowledging that the Rialzi 4x4 srls is not deemed to be bound by different conditions unless previously agreed upon in writing.
2.5 Sales operations are regulated for the consumer by the provisions of Legislative Decree no. n. 185 of May 22, 1999, while the protection of confidentiality is subject to the provisions of Legislative Decree no. 1966 of June 30, 2003, and subsequent amendments and additions.
Art.3: SALE PRICES AND PURCHASING MODES
3.1 The products, sales prices and sales conditions available on the www.rialzi4x4evo.it website - within the limits of their availability - constitute for the consumer the offer to the public and therefore they impose or the conclusion of the contract , the acceptance of the consumer, through the exact compilation of all sections and online adherence, following the instructions on the video and ultimately selecting and then accepting the boxes with the ACCEPTING CONDITIONS OF SALE and PRIVACY LAW.
3.2 For non-consumer customers, however, product orders are expressly declared irrevocable throughout the delivery period and, in any event, for 30 days from the date of order.
3.3 In any case, the total cost of the shipment to the customer's domicile is borne by the customer.
3.4 In sub-clause 3.2, the irrevocable purchase proposal is perfected through the exact compilation and consent of the purchase through the "on line" adherence, following the instructions on the video and ultimately by selecting and, accepting the boxes with the ACCEPTED SALE CONDITIONS and LAW ON PRIVACY.
3.5 All customers can pay the ordered goods using the "on line" payment methods at the time of purchase.
3.6 The prices of the different types of transport are related to the bulk weight, the delivery destination and / or other required services (insurance, delivery times, etc.).
3.7 In sub-section 3.2, the receipt of the order does not commit the Rialzi 4x4 s.r.l.s until the same has expressly accepted the order by written act or by shipment of the goods.
3.8 The buyer expressly attributes to Rialzi 4x4 s.r.l.s the possibility of accepting only partially the ordered order, allowing the direct shipment of the goods within the limits determined by the vendor. In that case, the contract will be deemed to be perfected with respect to the goods actually sold.
Art. 4: DELIVERY METHODS
4.1 RIALZI 4X4 S.R.L.S will provide the customers, at the address indicated by them, to the selected and ordered products by means of couriers, in the manner described in the previous article.
4.2 In the case of payment by credit card, the delivery must necessarily be at the domicile of the card holder as stated to the issuer.
4.3 The purchased goods will be delivered within the terms of art.6 Dlgs 185/1999. No liability can be attributed to the supplier for delayed or non-delivery due to force majeure or unforeseen circumstances.
4.4 The customer must verify at the time of receipt the conformity of the product delivered to him with the order made; only after such verification and, of course, except the right of withdrawal provided for in Clause 8, the customer will have to sign the delivery documents. The right of withdrawal is obviously excluded where the goods sold are made on a "tailor-made" basis of the customer.
4.5 RIALZI 4X4 SRLS is not liable for damage or delays in delivery caused by the carrier to the purchased products, being totally out of touch with the relationship between the same carrier and the client.
4.6 The customer may choose another carrier, obviously being understood that in such cases the transport will be at his sole risk, care and expense, and that the payment can not be made on cash on delivery, but, in addition to the other methods indicated on the site, by means of prepayment.
Art. 5: PRODUCT AVAILABILITY
5.1 The customer may purchase the products under the conditions set out in the electronic catalog prepared by RIALZI 4X4 S.R.L.S.
5.2 RIALZI 4X4 does not guarantee the continued availability of the products under the conditions offered, being committed, in the event of unavailability and payment of the merchandise, informing the customer in a timely manner and reimbursing the price without any additional charges within 30 days.
5.3 In any case, RIALZI 4X4 S.R.L.S will have the right to confirm and / or modify the indicated price and in this case the consumer will be able to withdraw before delivery if the final price is excessively high than the one originally agreed.
6.1 RIALZI 4X4 SRLS assumes no liability for any disavowal due to force majeure such as accidents, explosions, fires, strikes and / or locks, earthquakes, floods and other similar events that prevent, in whole or in part , to execute in the times agreed upon by the contract.
6.2 RIALZI 4X4 will not be liable to any party or third parties for damages, losses and costs incurred as a result of the failure to perform the contract for the aforementioned causes, since the consumer is only entitled to the refund of the price paid.
6.3 RIALZI 4X4 SRLS is not responsible for any fraudulent and illegal use that can be made by third parties, credit cards, checks and other means of payment upon payment of the purchased products. In fact, in no moment of the purchase procedure RIALZI 4x4 is able to know the buyer's credit card number ,which by opening a secure connection, is sent directly to the bank's manager.
6.4 RIALZI 4X4 is also unable to know the data provided to the financier, as the buyer opens a secure connection directly to the financier, when the he chooses this method of payment
Art. 7: WARRANTIES AND SERVICE METHODS
7.1 At the time of order and before the conclusion of the contract, at the consumer's request, Rialzi 4x4 s.r.l.s will provide the guarantee conditions.
7.2 Where there is a need for a intervention covered by the guarantee, and if the purchase was made by a consumer, the costs of transport at Rialzi 4x4 and the return to the applicant's domicile shall be borne by the customer, except of different conditions specified in the return form, which will be completed, signed and delivered together with the goods.
7.3 In the case of lack of conformity, it will be apply the rules of art. 1519 - bis and following of the Civil Code.
Art.8: BUYER OBLIGATIONS
8.1 The consumer agrees and undertakes, upon completion of the "on line" purchase procedure, to provide for the printing and retention of these general conditions which he has already viewed and accepted as a compulsory purchase step , as well as the specifications of the product being purchased, in order to fully satisfy the condition of art. 3 and 4 of Dlgs n.185 / 1999.
8.2 These general terms and conditions may be updated or modified at any time by RIALZI 4x4 s.r.l.s, which will communicate via its own web site. The consumer undertakes and obliges, whenever a change to these general conditions occurs, to provide for their printing and preservation.
8.3 The buyer is strictly prohibited from entering false, and / or invented, and / or imaginative data in the registration process necessary to enable him to execute this contract and the related further communications; the master data and the e-mail must be exclusively their personal personal data and not of third parties, or fantasy.
8.4 It is expressly forbidden to make double entries for a single person or to enter third-party data. Rialzi 4x4 reserves itself to legally pursue any breach and abuse, in the interest and for the protection of consumers all.
8.5 The Customer shall issue Rialzi 4x4 from any liability arising from the release of incorrect tax documents due to Customer's data errors provided that the Customer is solely responsible for the correct insertion.
Art.9: RIGHT OF WITHDRAWAL
9.1 Pursuant to Article 5 of Legislative Decree no. 185 of 22 May 1999, the consumer customer may exercise the right of withdrawal, with the exception of goods sold on a "tailor-made" basis, returning the goods received in their original packaging without tampering of any guarantee seal or simple opening and / or deterioration of the same outer packaging and obtaining the repayment of the price paid.
9.2 The consumer who for any reason did not feel satisfied with the purchase made, has the right to withdraw from the contract without penalties and without specifying the reason within 10 days from the day of receipt of the purchased goods; this is possible unless the good is a personalised product (lift kit). The right of withdrawal must be exercised in accordance with the conditions laid down by the manufacturers and the right of withdrawal may be exercised provided the good has not been used.The right of withdrawal can be exercised only on the auto parts, lift kit are excluded.
9.3 All return costs of the products are to be borne by the customer who, directly or through other means, will deliver them to the seller's domicile; all items must be received in the same reception conditions, provided with the original packaging and any manuals and / or instruction books that are part of the package and the original of the packaging; it is not allowed to return the goods in any other way.
9.4 In order to exercise the right of withdrawal, the customer must send a registered letter with a return receipt to the following address within the above deadline: rialzi 4x4 s.rl.s via gove 12, 51010 marliana. Within the same deadline, a telegram or fax can be sent to you, within 48 hours of receipt of the above-mentioned registered letter with acknowledgment of receipt confirming the withdrawal.
9.5 RIALZI 4X4 S.R.L.S will accept the goods by reserving to confirm that the products have been returned to their country of origin; only in that case will it pass on the amount paid by the consumer for the purchase of the products.
9.6 Shipping costs incurred for the delivery of the product to the customer and for redemption to RIALZI 4X4 S.R.L.S are non-refundable.
10.1 By filling out the appropriate space on the website, the Customer authorizes RIALZI 4X4 SRLS to use its credit card, or other card issued to replace it, and to debit on its current account in favor of RIALZI 4X4 SRLS, the total amount shown as the cost of the "on line" purchase. All the procedure is done through a secure connection directly linked to the bank's owner and payment service provider on line, to which RIALZI 4X4 S.R.L.S can not access.
10.2 If the consumer is to be entitled to the right of withdrawal, as referred to in section 9 of these General Conditions, or in any case where the payment is not completed, the amount to be refunded will be credited to the same card credit.
Art. 11: CONTRACTUAL RESOLUTION AND EXPRESS RESTRICTIVE CLAUSE
11.1 RIALZI 4X4 S.R.S has the right to terminate the contract by giving a simple communication to the client indicating the motivation action; in which case the customer will only be entitled to the refund of the sum already paid.
11.2 The buyer's obligations under Art.8 (Buyer Obligations) as well as the guarantee of the good end of the payment are essential, so that for a pact expressed, the Customer defaults on only one of those obligations will result in the termination of the contract right under art.1456 of the Italian Civil Code, without the need for a judicial ruling, except the right of RIALZI 4X4 SRSL to take legal action to compensate for further damage.
Art. 12: PRIVACY
12.1 Personal data are collected with the purpose of registering the customer and activating the procedures for the execution of this contract and related communications; such data are processed electronically in accordance with applicable laws and may be exhibited only at the request of the judicial authority or other authorities for this purpose by law.
12.2 Personal data will be communicated to those subjects delegated to carry out the activities necessary for the performance of the contract that has been concluded and disseminated solely for this purpose.
12.3 The person concerned enjoys the rights referred to in Article 13 of the D.P.R. No.196 dated 30 June 2003 and subsequent amendments and additions, namely: to request confirmation of the existence of his personal data at the RIALZI 4X4 S.R.L.S office; to know their origin, logic and the purpose of their treatment; to obtain update, rectification and integration; to ask for its cancellation, transformation into anonymous form or block in case of illicit treatment; to oppose their treatment for legitimate reasons or in the case of use of data for sending advertising material, commercial information, market research, direct sales and interactive commercial communication.
12.4 The rights deriving from the privacy and disclosure obligations arising from the Rialzi 4x4 s.r.l.s are reviewed on-line before the completion of the purchase procedure. Forwarding the order confirmation therefore implies full knowledge of the same. The customer or professional user, by sending the order confirmation of his purchase order, declares that he has been informed of all his rights under the aforementioned rules.
12.4 Rialzi 4x4 s.r.l.s. is he holder and manager of the collection and processing of personal data.
12.5 RIALZI 4X4 informs customers that there is a particular risk of network security breaches, which may also be due to the particular nature of the vehicle used, outside the scope of the minimum security measures that it is required to maintain to adopt it in accordance with current legislation.
12.6 Rialzi 4x4 declines any liability for damages to things or to third parties in communal, provincial, state streets, breakdowns of sold materials or lift kits due to incorrect use as they are for offroad use.
12.7 Discharge of the liability
The customer releases the company from any civil / criminal liability arising out of the use of unapproved products purchased at the same time by affirming that he will use a vehicle with such products solely for competitions, sporting events or for closed-circuit use not open to the public.
The present general terms and conditions of sale consist of all the clauses that form them. If one or more provisions were found to be ineffective by an authority having jurisdiction, the other clauses will continue to be fully enforceable and effective.
For civil disputes relating to the application of these general conditions of contract, the court of the place of residence or domicile of the customer-consumer is competent; in all other cases (clients who are possessors of VAT or who do not have a residence or domicile in Italy), Pistoia is elected as the competent forum
The Customer authorizes the processing of personal and sensitive data solely for the purposes of present general conditions of contract, which will be governed and protected under Legislative Decree no. 196/2003.
Obligation of the Purchaser
The Customer agrees and undertakes, at the time of the conclusion of the purchase procedure on the Site, to print and retain these General Terms and Conditions.
The Customer declares in this site that he has read and accepted these General Terms and Conditions of Contract before the end of the purchase.
The Consumer acknowledges that consumer protection laws do not apply in the case of purchases of less than € 50.00 (fifty euros)