The general terms and conditions of sale reported here (from now on referred to as “General Conditions") are applied into compliance with the International laws that regulate International sales (from now on referred to as “Services”) performed by IDROMECCANICA ITALIANA s.r.l., through its web domain shop.idromeccanica.com (from now on referred to as “Website”).
As for the purpose of using the Website and its Services, users will need to have legal form and must go through a registration process:
a) by creating a company account, following the instructions hereby given;
b) accept the General Conditions;
c) read the disclosure regarding personal data treatment.
Within the meaning and for the purposes of D.Lgs. n. 70 of April 9th, 2003, the service provider covered by the present General Conditions is IDROMECCANICA ITALIANA s.r.l., with head office in Bitonto (Ba), Via delle Fornaci, n.c., Italy, C.F. 04322520729; PEC: [email protected], registered at The Chamber of Commerce of Bari at n. BA-308951, share capital 36.400,00 euros.
Users are requested to print down a copy of the General Conditions and/or save a copy of it on durable medium.
Registration can be done only by users that have legal form namely companies or entreprises.
Registration and the use of the Services is not allowed for any final “Customer”/user of the products or natural person that accesses the website with purposes that are different from those carried out by the Website itself, namely business, entrepreneurial or professional activity.
1. GENERAL GUIDANCE AND FIELD OF APPLICATION
1.1 General conditions presented in this document are to be applied to all orders and sales made through the Website by IDROMECCANICA ITALIANA s.r.l..
1.2 General conditions may be changed at any time, unless the final Customer decides to make use of his right of withdrawal as it is regulated by the following dispositions of this Regulation. The General conditions will enter into force since the very moment of its publication in the appropriate section of the Website.
1.3 The version of the General conditions applied to the order will respect the date in which the order was placed by the customer.
1.4 In order to register to the Website and buy products, the customer will have to accept the General Conditions.
1.5 The provision of services coming from subjects different from IDROMECCANICA ITALIANA s.r.l. which may be present on the Website as links, banners or other hypertext links are not regulated by these General conditions, hence for this reason, IDROMECCANICA ITALIANA s.r.l. will not be held responsible in any way for the provision of products or services coming from commercial transactions with these subjects.
2. REGISTRATION AND CREATION OF A CUSTOMER ACCOUNT
2.1 Services will be provided in Italian, English and Spanish.
2.2 In order to purchase and make use of the services provided by the Website of IDROMECCANICA ITALIANA s.r.l. it will be necessary for the customer to register to the Website, create a personal account and fill the registration form consisting of the identifying data of the company/entreprise, the company/entreprise name, the tax data of the company/enterprise (PARTITA IVA OR VAT REGISTRATION NUMBER), name and family name of the legal representative of the company/enterprise, the e-mail address of the company/entreprise and the password (from now on referred to as “Registration Data”).
In order to finalize the registration process the customer will have to accept the General Conditions.
2.3 Registration will be confirmed through an e-mail that will be sent to the e-mail address of the customer.
2.4 Registration Data will be used exclusively by the customer and it will not be allowed in any way to hand them over to any other person. In case of loss or suspicious misuse of the Data from third parties, the owner of the Data has the obligation to report any violations of the account.
2.5 It is possible to make just one registration per customer per e-mail address. IDROMECCANICA ITALIANA s.r.l. reserves, therefore, the right to refuse any order that may seem vicious.
2.6 The customer grants that the Data provided during the registration to the IDROMECCANICA ITALIANA s.r.l. Website are complete, correct and accurate, declaring, by accepting these Regulations, that IDROMECCANICA ITALIANA s.r.l. will not be considered responsible for any kind of possible infringement made by the customer regarding registration to the Website, the liability obligations and sanctions that may derive from it.
The Customer/user is exclusively responsible for any access to the Website through the authentication data that he/she provided at the moment of Registration and responds directly for each and every type of damage or prejudice caused to IDROMECCANICA ITALIANA s.r.l. or third parties involved, in any way related to improper use, loss, embezzlement on behalf of others, namely the result of a lack of protection of the confidentiality of the registration Data.
2.7 The Customer/user will be able at any time to withdraw the registration to the website by sending a communication via e-mail to [email protected]
3. TERMS, CONDITIONS AND DISCLOSURE
3.1 In order to conclude a purchase of one or more products on the Website, the customer/user must fill in the Order Form and transmit it to IDROMECCANICA ITALIANA s.r.l. by following the wizard procedure on the Website.
3.2 The purchase is considered as concluded at the moment of finalization of the Order Form and after a verification performed by IDROMECCANICA ITALIANA s.r.l. on correctness of data related to the order and user designated method of payment.
3.3 Confirmation of the order made by IDROMECCANICA ITALIANA s.r.l. will be sent to the customer/user designated e-mail address. In the above-mentioned e-mail, the customer/user will find an overview of the General Sales Conditions, description of the purchased products, shipment/delivery freights and/or possible additional costs, the method of payment used, modality for withdrawal as well as indications on how to contact the after-sales services. The above-mentioned e-mail constitute proof of the purchase made and the customer/user is obliged to keep it and save it.
3.4 The Order Form will be saved and kept by IDROMECCANICA ITALIANA s.r.l. for the amount of time necessary for the order to be completely finalized.
4. TERMS OF PURCHASE
4.1 The currency used on the Website is Euro (€), therefore all prices are expressed in this currency. The prices expressed do not include taxes, shipment and any finalizing costs of the order.
4.2 Taxes, shipment and finalizing of the order costs will be defined in the Order Confirmation e-mail and may be different from the final onscreen version of the order depending on other aspects such as final delivery destination and the country of residence of the customer/user.
4.3 IDROMECCANICA ITALIANA s.r.l. will finalize the purchase order only after receiving formal confirmation from the customer/user regarding the overall order, namely of the price of the products, of the shipping price and of any other additional costs.
The products will remain the property of IDROMECCANICA ITALIANA s.r.l. until the customer/user finalizes the payment of the order.
5. AVAILABILITY AND SHIPMENT OF PRODUCTS
5.1 In case the ordered product is no longer available after registration of the Purchase Order, IDROMECCANICA ITALIANA s.r.l. will inform the customer/user by e-mail about the unavailability of the ordered part and delete the order as a consequence of the unavailability. In case the customer/user already finalized the payment. IDROMECCANICA ITALIANA s.r.l. will arrange a reimbursement that will take effect within 30 days after receipt of cancellation e-mail. An e-mail will communicate to the customer/user the entity of the reimbursement and the latter will be credited with Bank Transfer to the account specified by the customer/user by replying to the order cancellation e-mail.
5.2 IDROMECCANICA ITALIANA s.r.l. will not be held responsible for possible delays in the bank transfer reimbursements as these latter will depend on the banks involved and on the type of payment chosen by the customer/user.
5.3 IDROMECCANICA ITALIANA s.r.l. will organize the shipment to the delivery address chosen by the customer/user in the Order Form.
5.4 Delivery time of the order will be indicated by IDROMECCANICA ITALIANA s.r.l. in the confirmation e-mail of the purchase order.
5.5 IDROMECCANICA ITALIANA s.r.l. will not be held in any way responsible for any possible delays regarding delivery due to factors such as other parties involved and/or reasons of force majeure.
5.6 In case the package/pallet containing the purchased products may present signs of manipulation, the customer/user will have to immediately notify the courier at the time of delivery by filling the form that the courier will provide. In absence of report of manipulation as described above, the customer/user will not be able to claim in any way against IDROMECCANICA ITALIANA s.r.l..
5.7 Delivery is considered as completed at the very moment the products are delivered to the customer’s delivery address specified in the Order Form.
6. METHODS AND TERMS OF PAYMENT
6.1 The customer/user will make the purchases on the Website shop.idromeccanica.com choosing as payment method one of the following:
- PAYPAL Credit Card
- Bank Transfer
6.2 The debit of the amount will be made only after verification of credit card data used by the customer/user for the payment and only after the authorization of the Credit Card Issuing Company to debit the card.
6.3 Upon the occurrence of failure during the payment, IDROMECCANICA ITALIANA s.r.l. will debit any outstanding cost to the customer/user and will communicate to the customer/user, a failure in processing the purchase order, via mail.
6.4 The failure in processing the purchase order may take place even in case the payment method chosen by the customer/user is refused by IDROMECCANICA ITALIANA s.r.l. itself..
6.5 The amounts paid by the customer/user will be invoiced by IDROMECCANICA ITALIANA s.r.l. only if requested expressively by the customer/user, that will have to communicate it in the middle of the purchasing process.
The invoice will be sent by IDROMECCANICA ITALIANA s.r.l. via mail.
7. WARRANTY AND NON CONFORMITY OF PRODUCTS
7.1 Sales of products present on the Website are subject to national and EU laws currently in force and/or transposed in Italy.
7.2 Any lack of conformity in the purchased products and the possible non conformity with the description indicated on the Website must be communicated by the customer/user to IDROMECCANICA ITALIANA s.r.l. via mail to [email protected] In case of recurrence of the defect and/or non correspondence of the product, the customer/user will be entitled to the repairing of the product or its replacement whether possible in line with availability of the product at the warehouses of IDROMECCANICA ITALIANA s.r.l. unless repairing or replacement may result as prohibitively expensive for the seller. Only in this latter case whether repairing and replacement of the product are not possible, the customer/user will be entitled with the termination of the contract in accordance with the procedure and periods pointed out in article 9 of the present General Sales Conditions.
7.3 IDROMECCANICA ITALIANA s.r.l. is responsible exclusively for defects of conformity of the product already existing at the moment of delivery or arises within 10 days from delivery. The customer/user must inform the seller of the lack of conformity, under penalty of warranty expiration, within 10 days from delivery.
7.4 In case of termination of the contract IDROMECCANICA ITALIANA s.r.l. will return the price paid by the customer/user, exception made for delivery freights and any other additional costs.
In any case the amount of the reimbursement will be communicated to the customer/user via mail and credited back to the account used originally for the payment.
The customer/user will have to agree with after-sales services on the delivery of the products, using the e-mail address [email protected]
7.5 Warranty does not cover products that have been repaired, modified, or altered by the customer/user. Moreover, any defect or malfunctioning resulting from adventitious facts or customer/user responsibilities, are excluded from warranty, namely resulting from an improper use of the product and/or disrespect of the original destination of use or for what is summarized in the technical documentation attached to the product, whereas present, or in the relative instructions manual.
7.6 IDROMECCANICA ITALIANA s.r.l. will not be held responsible for any non-fulfillment of the obligations resulting therefrom enlisted in the present General Conditions, in case the non-fulfillment may be caused by unforeseeable circumstances and/or force majeure, including, merely as an example, natural disasters, terrorist acts, malfunctioning of networks and/or blackouts.
8. OBBLIGATIONS, RIGHTS AND DUTIES OF THE DEALER
8.1 Any error present on the Website related to the descriptions or specs of products will be corrected as soon as possible by IDROMECCANICA ITALIANA s.r.l. The corrections will be made as fast as they are notified to after-sales service, using the e-mail contacts given in this document.
8.2 IDROMECCANICA ITALIANA s.r.l. will have the right to suspend at any time the provision of services, without any prior notification, for the time needed to perform technical actions on the Website aimed to enhance quality of services provided or for maintenance purposes.
8.3 IDROMECCANICA ITALIANA s.r.l. will have the right to suspend at any time the provision of services due to security reasons and/or violations of the Website, notifying the customers/users of the temporary maintenance.
8.4 The installation, the improper use of the product and/or an use that does not take into account the instructions given by the manufacturer of the products, the unforeseeable circumstances and/or the force majeure completely discharge IDROMECCANICA ITALIANA s.r.l. from any responsibility in case of damage.
8.5 IDROMECCANICA ITALIANA s.r.l. responsability, in any case, will never exceed the total value of the purchase order.
9. MODE AND TERMS FOR WITHDRAWAL
9.1 In case purchased products cannot be changed or repaired by IDROMECCANICA ITALIANA s.r.l., the customer/user will have the possibility to withdraw from the contract, by returning the purchased products within 10 days from initial delivery date, as well as notifying the intent of withdrawal from the contract by sending a registered letter attested by an acknowledgment of receipt to IDROMECCANICA ITALIANA s.r.l., at the following postal address: IDROMECCANICA ITALIANA s.r.l., VIA ANTICHI PASTIFICI, n. 2, Z.I., MOLFETTA (BARI), 70056, ITALIA.
Communication will also have to include a copy of the Order Confirmation.
9.2 The customer/user will have to send, using a carrier of his choice and at its own expenses, within 14 days starting from the date of the notification of the intent of withdrawal from the contract, the purchased products to the following postal address: IDROMECCANICA ITALIANA s.r.l. VIA ANTICHI PASTIFICI, n. 2, Z.I., MOLFETTA (BARI), 70056, ITALIA.
Costs and risks related to the shipment of returning products will be charged to the customer/user.
9.3 In order to exercise the right of withdrawal, the customer/user will have to return the products intact and packaged in their original package, together with all accessories they were originally provided with.
9.4 The customer/user is solely responsible for the diminution of value of the products resulted to an improper handling. In this case, IDROMECCANICA ITALIANA s.r.l. reserves the right to ask the customer a diminution of the value of the reimbursement in line with the diminution of value observed.
9.5 The right of withdrawal does not require for the customer to protect the return of products with an insurance against damage or theft. However, any risk related to the return of previously purchased products is a responsibility of the customer/user. For this reason IDROMECCANICA ITALIANA s.r.l. highly recommends to cover returning products with an insurance against damage or theft in order to completely cover the value of returning products. This value can be found on the Purchase Order.
9.6 Once the products are returned and the state of the products is confirmed, IDROMECCANICA ITALIANA s.r.l. will proceed, in the shortest possible time, to reimburse the price paid by the customer for the returned products, deducting the initial delivery freight charges.
The amount of the reimbursement will be credited on the same method of payment used for the initial purchase, unless the agreement between the customer/user and after-sales service stated differently. The value date of the reimbursed amount will be the same as the initial debit.
9.7 The right of withdrawal does not apply to sales of personalized products or for products that by their very nature, cannot be returned, as sealed products that cannot be returned.
10. INTELLECTUAL PROPERTY
All contents present on the Website, including images, pictures, intertitles, descriptions, documents, logos, and any other material, web pages, graphic, colours, tools, design, layouts, in any form or format, are protected by the international and EU laws that protect intellectual property and are property of IDROMECCANICA ITALIANA s.r.l.. For this reason, any reproduction, modification, duplication, copy, distribution, sale, or any use of the images or contents of the Website, except with express written authorization of IDROMECCANICA ITALIANA s.r.l.. Likewise, it is forbidden the use of the contents of the Website for commercial or publicity ends by third parties.
11. TRANSITIONAL ARRANGEMENTS AND JURISDICTION
11.1 General Sales Conditions are regulated by International laws and by EU normative related to E-commerce.
11.2 For any controversy inherent the General Sales Conditions, the jurisdiction competent will be the Foro di Bari, that is the Forum were IDROMECCANICA ITALIANA s.r.l. is domiciled.
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