General conditions of sale applying to the website “[ store.lamarzocco.com ]”
1. Field of application and information on contract conclusion
1.1 These general conditions of sale (hereinafter referred to as the “General Conditions of Sale”) regulate the offer and sale by Nuova Ricambi S.r.l. (with registered office in 20061 – Carugate (MI), Via dei Mille 20, Italy, tax number and VAT number 02866540962, hereinafter referred to as “Nuova Ricambi”) through the website “[ store.lamarzocco.com]” (hereinafter referred to as the “Site”) owned by La Marzocco S.r.l. (with registered office in 50121 – Florence (FI), Viale G. Matteotti 25, Italy and operational headquarters in 50038 – Scarperia (FI), Via La Torre 14/H, Italy, registered in the Business Register of Florence at no. 04040140487, tax number and VAT number 04040140487 (hereinafter referred to as “La Marzocco”), of the products and/or services specifically mentioned on the Site (hereinafter referred to as the “Product(s)”). For the purposes of the General Conditions of Sale, the term “user” indicates the person who accesses and/or uses the Site (hereinafter referred to as the “User(s)”).
1.2 The offer and sale of the Products on the Site represent a distance contract regulated, for the consumers defined therein, by Chapter I, Title III (articles 45 and following) of Legislative Decree no. 206 of September 6, 2005, (hereinafter referred to as the “Consumer Code”) and by Legislative Decree no. 70 of April 9, 2003, regulating e-commerce.
1.3 The General Conditions of Sale apply to all the sales of Products made by Nuova Ricambi through the Site. The General Conditions of Sale may be changed and/or amended at any time. Amendments, if any, shall come into force when they are published on the Site. Before making any purchase, therefore, the User should refer to the most up-to-date version of the General Conditions of Sale currently in force, to check whether any amendments have been made.
1.4 The applicable General Conditions of Sale are the ones in force when the Order Form was submitted as defined below.
1.5 Before purchasing a Product through the Site, the User should carefully read the General Conditions of Sale mentioned in the Site section “General Conditions of Sale”, as well as any other information provided on the Site, both before and during the purchase procedure.
1.6 The General Conditions of Sale do not regulate the sale of products and/or services on the Site by any third-party sellers other than Nuova Ricambi that should be present on the Site even through links, banners or other hypertext links (hereinafter referred to as “Third-party Sellers”). Before conducting any business transactions with the Third-party Sellers, the User should check their conditions of sale. La Marzocco, in its capacity as a mere platform provider and technical manager, is not party to the sale contract between Nuova Ricambi and the User or between any Third-party Sellers and the User; as a consequence, La Marzocco cannot be held in any way responsible for the provision of services and/or for the sale of products by Nuova Ricambi and/or by any Third-party Sellers. Nuova Ricambi and/or La Marzocco do not control and/or monitor the websites that can be accessed through the above-mentioned links and the websites of any Third-party Sellers; as a consequence, Nuova Ricambi and/or La Marzocco cannot be held in any way responsible for the content of the sites in question, nor for any related errors and/or omissions and/or infringements of the law.
2. Purchases on the site
2.1 The purchase of Products on the Site is only enabled after the User has registered with the Site by following the procedure described in article 3 below, and is open both to users operating in their capacity as consumers and to users operating in a different capacity (e.g. distributors). Natural persons are only allowed to make any purchase if they are 18 or older.
2.2 Pursuant to article 3, paragraph I, letter a) of the Consumer Code, the term “consumer” indicates any natural person acting for purposes which are outside their trade, business, craft or profession.
2.3 In case of anomalies in the orders by any consumers – in terms of amount of products or of frequency of purchasing – Nuova Ricambi and/or La Marzocco reserve the right to take any necessary action required to ensure that the irregularities in question are no longer committed, including banning the consumer from the Site, deleting his registration with the Site or rejecting and/or cancelling the orders in question.
3. Registration with the Site
3.1 Registration with the Site is free of charge. In order to register with the Site, the User must fill in the relevant form, entering his name, surname, date of birth, e-mail address, credit card data and a password, and follow the indications provided by the Site. Should the User register during the purchase procedure, he shall also enter his address, phone number and tax/VAT number. Each User may register with the Site only once. The User may optionally choose to save the data of one or more credit cards, so that they can be reused to pay for any purchases on the Site (hereinafter referred to as the “Credit Card Saving”).
3.2 The registration credentials (e-mail address and password) allow the User to make purchases on the Site and, in case he chose to save the data of any credit cards, to directly pay for any purchases made on the Site, without having to enter the credit card data every time he makes a purchase. The User, therefore, should keep his registration credentials (e-mail address and password) with the utmost care and attention. They can be used by the User only and must not be transferred to any third parties. The User undertakes not to disclose them and to make sure that no third party has access to them. The User also undertakes to immediately inform Nuova Ricambi, by calling the numbers specified in article 14 below, in case he should suspect and/or be informed of any illicit use or disclosure of the credentials in question.
3.3 The User guarantees that the personal information provided during the registration procedure is comprehensive and truthful, undertaking to indemnify Nuova Ricambi and/or La Marzocco and to hold them harmless from any damage, indemnity obligation and/or penalty arising from and/or in any way related to the breach by the User of the Site registration rules and/or of the obligations related to the keeping of the registration credentials.
4. Purchase contract conclusion
4.1 In compliance with Legislative Decree no. 70 of April 9, 2003 on e-commerce, we inform the User that:
1. in order to conclude the contract for the purchase of one or more Products on the Site, the User shall fill in an electronic order form and submit it to Nuova Ricambi, by telematic link, following the specific instructions that will be displayed on the Site (hereinafter referred to as the “Order Form”);
2. before submitting the Order Form, the User must check for and/or correct any data entering errors, following the instructions displayed on the Site during the different purchase process stages;
3. the contract (hereinafter referred to as the “Purchase Contract”) is concluded when the User receives, at the e-mail address he provided, the order confirmation, containing: a summary of the general and special conditions applying to the Purchase Contract, information about the main characteristics of the purchased Product, detailed indications about the price and the payment method, information about the right of withdrawal, the indication of the delivery expenses and of any additional costs, the indication of the Purchase Contract termination conditions, as well as the indication of the Customer service contacts from which the User can request any support or to which he can submit any claim (hereinafter referred to as the “Order Confirmation”);
4. The Order Form will be filed in the Nuova Ricambi database for the time required for its execution, and anyway in compliance with the terms provided for by the law. The User will be able to access the Order Form and/or any related data through his personal account.
4.2 The User must conclude the Purchase Contract in English. The Customer Service, however, can communicate with the User in Italian, English, Spanish, German and French)
5. Product availability
5.1 The Products offered at the Site are the items marked as available for purchase in the electronic catalogue published at the Site, and displayed by the User when he places the order. Products may belong to various commodity categories.
5.2 Product availability is monitored and updated. As the Site may be visited by multiple Users at the same time, however, they might purchase the same Product simultaneously. In such cases, therefore, the Product might, for a short period of time, be marked as available, while it is actually out of stock or not immediately available, as restocking is required for that particular item.
5.3 Should the Product become unavailable for the reasons mentioned above, or for other reasons, with no prejudice to the non-negotiable rights granted to the User by the law, the User will immediately be informed by e-mail. The User shall then be entitled to immediately terminate the Purchase Contract.
6. Product information
6.1 The pictures and descriptions shown at the Site reproduce as faithfully as possible the characteristics of the Products. The Product colours, however, might differ from the actual ones as a consequence of the settings of the IT systems and/or of the computers used by the User to display them. The images of the Products displayed at the Site, in addition, might differ in terms of dimensions or for any accessory products. The pictures in question, therefore, must be regarded as indicative and with the customary tolerances. For the purposes of the Purchase Contract, the Product description contained in the Order Form submitted by the User shall prevail.
7.1 All Product prices published at the Site (hereinafter referred to as the “Price”) are expressed in Euro and must be regarded as VAT excluded. The delivery costs may vary according to the selected delivery method and/or to the location; they shall be specified (in Euro and VAT included) during the purchase procedure, before the User is bound by the Purchase Contract, in the Order Form summary and in the order Confirmation e-mail.
7.2 Price is subject to change at any time, even multiple times during the same day. The Product Price charged to the user shall be the one specified in the order summary, displayed by the User before submitting the Order Form by telematic link, and shall not include any price increases or decreases that should occur after the Order Form has been submitted.
7.3 The site doesn’t automatically distinguish between distributors and private customers. Once the order has been placed, in fact, distributors will be contacted by NR, that will apply the 30% discount.
8. Purchase Orders
8.1 The Purchase Contract shall be terminated if the User should fail to pay the total amount owed, consisting of the Price, of the delivery costs, if applicable, and of any other additional cost, as resulting from the Order (hereinafter referred to as the “Total Amount Owed”). Should the User fail to pay the Total Amount Owed, therefore, the Purchase Contract shall be automatically terminated. Of the termination in question, and of the ensuing order cancellation, the User will be immediately informed after submitting the order, through the Site or by e-mail.
8.2 Product ownership will be transferred to the User at shipping, that is when the Product is handed over to the carrier (hereinafter referred to as the “Shipping”). The risk of Product loss and/or damaging, for causes not ascribable to Nuova Ricambi, instead, will be transferred to the User when the User or a third party designated by the latter and other than the carrier takes physical possession of the Products.
9. Payment methods
9.1 In order to pay for the Products purchased at the Site, the User can choose between two options only: credit card or PayPal.
9.2 The User can pay for the Products purchased at the Site by credit card directly through the Site. We accept the credit cards belonging to the circuits VISA, Mastercard, American Express and Maestro. A list of the credit card we accept can be found at the Site. The Total Amount Owned is charged when the Order Confirmation is sent. In order to ensure the security of the payment made at the Site and to prevent any frauds, the User may be prompted by e-mail to send by the same medium a copy of the front and back of his identity card, and in case the person who places the order were not the same as the holder of the card, even of the latter’s identity card. The document must be valid. The request e-mail will specify the term by which the document shall be submitted. The term in question shall never exceed 5 (five) working days from the date of reception of the request by the User. While the document request is pending, the order will be suspended. The user agrees and undertakes to submit the requested document within the set terms. Should the documents in question fail to be received within the term specified in the request e-mail, or should any expired or invalid documents be received, the Purchase Contract will be automatically terminated pursuant to art. 1456 of the c.c., and the order will be cancelled, with no prejudice to the right by Nuova Ricambi and/or La Marzocco to be compensated for any damages incurred as a consequence of the non-compliant behaviour by the User. We use the secure payment service provided by PayPal, which uses the SSL security protocol. The confidential credit card data (card number, holder, expiry date, security code) are encrypted and transmitted to the payment manager like that. As a consequence, Nuova Ricambi is never granted access and never stores the data of the credit card used by the User to pay for the Products.
10. Delivery method, costs and terms
10.1 Products are delivered all over the world, except in extreme circumstances (e.g. wars, natural disasters, etc.) The delivery obligation is regarded as having been met once the physical availability of the Products, or anyway their control, has been transferred to the User.
10.2 Once the Products are shipped we’ll send the User an e-mail confirming they have been handed over to the carrier; the e-mail will also include a link with the tracking number through which the User will be able to verify the shipping progress.
10.3 Delivery is for a fee, and unless otherwise provided for the delivery costs will be charged to the User. The amount of the delivery costs owed by the User for a specific order is explicitly and separately specified (expressed in Euro and including VAT) during the purchase procedure, in the order summary and, in any case, before the User submits the Order Form. The only exception is article y.070 (foosball table), for which Nuova Ricambi will inform the user of the shipping costs according to his location; the user will then have the option to accept or reject the purchase contract.
10.4 In the order summary – and thus before the User submits the Order Form – we shall specify the total order price, separately indicating the delivery costs and any other additional expense. The total in question, that shall also be included in the Order Confirmation e-mail to the User, will be the Total Amount Owed by the User for the Product. For each sale made on the Site, we shall issue an invoice and send it by e-mail to the holder of the Purchase Contract. For the issuing of the invoice, we shall refer to the information that the User provided when he submitted the Order Form through the Site, and that the User states to be truthful. Once the invoice has been issued, it cannot be changed. The User undertakes to indemnify Nuova Ricambi and to keep it harmless from any damage it should incur, including any penalties, in case the data provided by the User through the Site for the issuing of the invoice were not truthful.
10.5 The Products purchased on the Site will be delivered to the post address specified by the User in the Order Form (hereinafter referred to as “Home Delivery”). The User can choose between two options for the Home Delivery (standard or express); for each option we specify the relevant costs and terms during the purchase procedure, before the User submits the Order Form.
10.6. By default, in Home Delivery Products are delivered at the ground floor, unless otherwise specified and unless the User has opted for the delivery to other stores. Unless the User has chosen an Home Delivery option involving the delivery on appointment or within a specific time, the Home Delivery will be carried out from Monday to Friday, during normal working hours (from 9:00 a.m. to 6:00 p.m.), except on national holidays.
10.7 The User hereby acknowledges that he is under the obligation to collect the package. If the Home Delivery option chosen by the User doesn’t include the delivery at an agreed time, should the Products fail to be delivered due to the absence of the recipient, the courier will leave a notice as evidence of the delivery attempt (hereinafter referred to as “Non-delivery Notice”). The Non-delivery Notice will also include information that will allow the User to contact the courier to agree upon a new delivery or to collect the package. After the failed delivery attempt, the package will remain stored at the courier. The User must collect the package within 3 (three) calendar days of the second day following the Non-Delivery Notice date. Should the User fail to collect the Product within that term, the Purchase Contract will be automatically terminated pursuant to art. 1456 of the c.c.; in that case, within 15 (fifteen) working days of the Purchase Contract termination, we shall reimburse the Total Amount Owed, if already paid by the User, minus the costs associated with the failed Home Delivery, the cost of storage, the costs incurred to return the Products to Nuova Ricambi and any other expense incurred as a consequence of the failure to deliver the Product due to the absence of the recipient. The termination of the Purchase Contract and the amount of the reimbursement will be communicated to the User by e-mail. The sum in question will be credited to the same means of payment the User selected for the purchase. Any delays in the crediting of the sum may be due to the bank or to the credit card type.
10.8 During the purchase procedure, before the User submits the Order Form, we shall specify the terms by which the Products included in the order will be delivered; for this, we shall take into account not only the location and the delivery method, but also the possibility that the User purchase multiple Products with the same order. Unless otherwise provided for, the terms of delivery start being counted from the date of conclusion of the Purchase Contract. The term of delivery of the specific order will also be mentioned in the Order Confirmation. Should the term of delivery be omitted, in any case products will be delivered within 30 (thirty) days of the date of conclusion of the Purchase Contract.
10.9 Should the purchased Product fail to be delivered, or should it be delivered after the expiry of the terms of delivery specified during the purchase procedure and in the Order Confirmation, the User, pursuant to art. 61 of the Consumer Code, shall invite Nuova Ricambi to carry out the delivery within an appropriate additional term (hereinafter referred to as “Additional Term pursuant to art. 61, paragraph III of the Consumer Code”). If the additional term in question expires but he is yet to receive the Products, the User is entitled to terminate the Purchase Contract (hereinafter referred to as “Contract Termination pursuant to art. 61, paragraph III of the Consumer Code”), with no prejudice to his right to obtain compensation for the damage. The User is not under obligation to grant to Nuova Ricambi the Additional Term pursuant to art. 61, paragraph III of the Consumer Code (hereinafter referred to as “Excluded cases”) if:
a) Nuova Ricambi has explicitly refused to deliver the Products;
b) compliance with the term of delivery specified during the purchase procedure and in the Order Confirmation must be regarded as essential, taking into account all the circumstances surrounding the conclusion of the Purchase Contract;
c) the User has informed Nuova Ricambi, before the conclusion of the Purchase Contract, that delivery within or on a certain date is essential.
In the Excluded Cases the User, if not receiving the Products within the term of delivery specified during the purchase procedure and in the Order Confirmation, is entitled to immediately terminate the Purchase Contract, with no prejudice to his right to obtain compensation for damage (hereinafter referred to as “Contract Termination in Excluded Cases”).
The notice containing the indication of the Additional Term pursuant to art. 61, paragraph III of the Consumer Code and the notification of the Contract Termination pursuant to art. 61, paragraph III of the Consumer Code or of the Contract Termination in Excluded Cases shall be sent by the User to Nuova Ricambi at the addresses mentioned in article14 below.
In case of Contract Termination pursuant to art. 61, paragraph III of the Consumer Code or of Termination in Excluded Cases, Nuova Ricambi will reimburse to the User the Total Amount Owed without undue delay. The reimbursement procedure shall comply with the applicable provisions contained in article 11.6 below.
Should the User omit to set out the Additional Term pursuant to art. 61, paragraph III of the Consumer Code, or, if entitled to it, to proceed with the Contract Termination pursuant to art. 61, paragraph III of the Consumer Code or with the Contract Termination in Excluded Cases, Nuova Ricambi, with no prejudice to the possibility for the User to resort at any time to the remedies in question and/or to the ordinary remedies granted to him by the law, and in particular by Chapter XIV of Title II of Book IV of the civil code, undertakes anyway to promptly inform the User of the delay in the delivery, by an e-mail (hereinafter referred to as “Delay Notice E-mail”), specifying in the meantime the new term of delivery (hereinafter referred to as “New Term of Delivery”), if available
10.10 The acceptance of the New Term of Delivery and the choice by the User shall be promptly communicated to Nuova Ricambi by e-mail at the address mentioned in article 14 below.
10.11 It is the User’s responsibility to verify the conditions of the Product delivered to him. It being understood that the risk of Product loss or damaging, for causes not ascribable to Nuova Ricambi, is transferred to the User when the User, or a third party designated by him and other than the carrier, takes physical possession of the Products, the user should verify the number of the Products he received; he should also verify that the packaging, including the closing materials (adhesive tape or metal strapping), is intact, with no sign of damages, wetness or alterations; in his own interest, he should point out any anomalies on the transport document of the carrier, accepting the package with reserve. Reception of the Product without reserves, in fact, doesn’t allow the User to bring any claim against the courier, in case of Product loss or damaging, except in case the loss or damages are due to intentional or grossly negligent acts by the courier himself, and except for any partial loss or damaging that cannot be detected at the time of delivery, provided that, in the latter case, the damage is pointed out as soon as it is spotted and no later than 8 (eight) days after the reception. Should the package show any clear signs of tampering or alteration, in addition, we recommend that the User promptly inform the Customer Service. In any case, the regulations on the right of withdrawal and on the legal guarantee shall still apply.
10.12 Users who have failed to collect the package more than twice for different orders are not allowed to make purchases on the Site. Should they place any orders in breach of this provision, the Purchase Contract will be automatically terminated pursuant to art. 1456 of the c.c. The User will be informed of the Purchase Contract termination by e-mail.
11. Right of withdrawal from the purchase of any Products
11.1 Pursuant to articles 52 and following of the Consumer Code, the User acting in his capacity as a consumer (hereinafter also referred to as the “Consumer”) has the right to withdraw from the Purchase Contract, without having to mention any reason and without incurring any costs other than the ones provided for by articles 11.5, 11.6, 11.7 and 11.9 below, within 14 (fourteen) calendar days (hereinafter referred to as the “Withdrawal Period”). The Withdrawal Period expires after 14 (fourteen) days:
a) for orders including a single Product, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, takes physical possession of the Product;
b) for orders requesting the delivery of multiple Products, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, takes physical possession of the last Product;
c) for order requesting the delivery of a Product consisting of lots or multiple pieces, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, takes physical possession of the last lot or piece.
11.2 To exercise the right of withdrawal, the Consumer must inform Nuova Ricambi of his decision to withdraw, before the Withdrawal Period expires.
11.3 To this purpose the Consumer may choose between two options:
(a) using the standard withdrawal form (hereinafter referred to as the “Standard Withdrawal Form”), available on the Site before the Purchase Contract is concluded, through the link “Right of Withdrawal and Standard Withdrawal Form”; the form can also be accessed from the Product Page, and is attached to the shipment confirmation e-mail mentioned in article 10.2 above; or
(b) submit any other statement explicitly declaring that he has decided to withdraw from the Purchase Contract (hereinafter referred to as the “Statement of Withdrawal”).
11.4 The Consumer has exercised his right of withdrawal within the Withdrawal Period if the statement of withdrawal is submitted by the Consumer before the expiry of the Withdrawal Period. If deciding to submit the Statement of Withdrawal, the Consumer should specify in it the order number, the Product(s) for which he wishes to exercise the right of withdrawal and his address. It should be pointed out that, as the burden to prove that the right of withdrawal has been exercised before the expiry of the Withdrawal Period is on the Consumer, he should, in his own interest, use a durable medium to communicate his withdrawal. The Standard Withdrawal Form or the Statement of Withdrawal must be sent to the following address: email@example.com.
Irrespective of the option chosen by the Consumer to exercise his right of withdrawal, Nuova Ricambi will send the Consumer an e-mail to confirm the reception of the request for withdrawal.
11.5 The Consumer shall return the Products to Nuova Ricambi, using a carrier of his choice at his own expense, without undue delay and in any case within 14 (fourteen) calendar days from the date on which he informed Nuova Ricambi of his decision to withdraw. The term is met if the Consumer ships the Products before the expiry of the 14 (fourteen) day period (hereinafter referred to as the “Deadline for Return”). The Product, appropriately protected and packaged, must be shipped to the following address: Nuova Ricambi S.r.l., 20061 – Carugate (MI), Via dei Mille 20, Italy. The direct costs incurred to return the Products to Nuova Ricambi shall be paid by the Consumer. The standard instructions on withdrawal, providing information about the exercise of the right to withdraw from the Product Purchase Contract, can be referred to by the Consumer on the Site before the Purchase Contract is concluded, through the link “Right of Withdrawal and Standard Withdrawal Form”; the instructions can also be accessed from the Product Page, and are attached to the Order Confirmation. The return of the Products to Nuova Ricambi is under the responsibility and at the expense of the Consumer.
11.6 If the Consumer withdraws from the Purchase Contract, Nuova Ricambi will reimburse the Total Amount Owed paid by the Consumer for the Product, including the costs of delivery and any additional costs arising from the choice by the consumer of a type of delivery other than the standard one (cheaper) offered by Nuova Ricambi, without undue delay and in any case within 14 (fourteen) calendar days of the date on which Nuova Ricambi has been informed of the decision by the Consumer to withdraw from the Purchase Contract. The amount owed will be reimbursed through the same payment means used by the Consumer, unless otherwise agreed upon with the Consumer. If needed, Nuova Ricambi will request the Consumer to provide the bank data required for the reimbursement. In any case, the Consumer shall incur no cost as a consequence of the reimbursement. In case the Consumer has returned the Products using a carrier of his choice at his own expense, opting for the procedure described in article 11.5 above, Nuova Ricambi will be entitled to suspend the reimbursement until it has received the Products or until the Consumer provides evidence as to the fact that he has shipped the Products, whichever comes first.
11.7 The Consumer is solely responsible for the Product value decrease resulting from any Product handling other than the one required to determine the nature, the characteristics and the operation of the Product. In any case, the Product will have to be stored, handled and inspected with ordinary diligence and returned intact, complete with every component, in good working order, equipped with all the accessories and explanatory sheets, with the identification tags, the labels and the disposable seal, if any, still affixed to the Product, intact and unaltered, as well as perfectly suitable for the intended use and with no signs of wearing or dirt. The withdrawal, in addition, applies to the Product as a whole. As a consequence, it cannot be exercised for any Product parts and/or accessories. If the Product package includes the Product serial code, it is part of the Product itself; as a consequence, the Product must be returned in its original package, that will have to be included into another packaging, as no label or tape cannot be affixed on it. The Product Page will explicitly specify whether the original package is to be regarded as a part of the Product, for the purposes of the exercise of the right of withdrawal.
11.8 If the right of withdrawal has not been exercised in compliance with the provisions contained in the applicable regulations, it will not result in the termination of the Purchase Contract; as a consequence, it will not entitle the Consumer to receive any reimbursement. Nuova Ricambi will inform the Consumer of the circumstance, by e-mail, within 5 (five) working days of receiving the Product, rejecting the request for withdrawal. The Product will remain stored at Nuova Ricambi, where the Consumer will have to collect it, at his own expense and under his responsibility.
11.9 Should the value of the Product for which the right of withdrawal has been exercised decrease as a consequence of a Product handling other than the one required to determine the nature, the characteristics and the operation of the Product, an amount equal to the value decrease in question will be detracted from the reimbursed sum. Nuova Ricambi will inform the Consumer of the circumstance, and of the ensuing decrease in the reimbursed sum, by e-mail, within 5 (five) working days of receiving the Product; in case the reimbursement has already been paid, Nuova Ricambi will also provide the Consumer with the bank data required for the payment of the sum owed by the Consumer as a consequence of the decrease in the Product value.
11.10 For the cases provided for by the law in which the right of withdrawal doesn’t apply, the exclusion will be specifically and explicitly mentioned in the Product Page, and in any case during the purchase procedure, before the Consumer submits the Order Form.
12. Legal guarantee of conformity
12.1 All the Products sold on the Site are covered by the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code (hereinafter referred to as the “Legal Guarantee”).
12.2 The Legal Guarantee is reserved for Consumers. As a consequence, it only applies to the Users who have made the purchase on the Site for purposes which are outside their trade, business, craft or profession. For the Users who have made any purchase on the Site and who are not regarded as consumers, the warranty for defects, the warranty for lack of promised and essential qualities and the other warranties provided for by the civil code shall apply, along with the relevant terms, expiry dates and restrictions.
12.3 With regard to the purchase of the Products, Nuova Ricambi is responsible to the Consumer for any non-conformity existing at the time of the Product delivery and appearing within 2 (two) years of the delivery. The non-conformity must be pointed out to Nuova Ricambi, under penalty of warranty forfeiture, within 2 (two) months of the date on which it has been discovered. Unless any evidence to the contrary is provided, it is assumed that the non-conformities that appear within 6 (six) months of the Product delivery already existed on that date, unless this assumption is incompatible with the nature of the product or of the non-conformity. Starting from the seventh month after the Product delivery, instead, the burden to prove that the non-conformity already existed when the Product was delivered will be on the Consumer.
12.4 In order to make a claim under the Legal Guarantee, therefore, the Consumer will first of all have to provide evidence of the purchase date and of the Product delivery. As a consequence the Consumer, in order to be able to provide the evidence in question, should keep the order Confirmation or the purchase invoice, as well as the transport document, i.e. any document certifying the purchase date and the date of delivery (for example the statement of account of the credit card).
12.5 A non-conformity exists when the purchased Product:
• is not suitable for the typical use of similar products;
• does not match the description provided by Nuova Ricambi and doesn’t have the qualities of the product that Nuova Ricambi has shown to the Consumer as a sample or model;
• doesn’t have the qualities and performances typical of a similar product, that the Consumer can reasonably expect, taking into account the statements contained in the advertising or in the labels;
• is not suitable for the particular use intended by the Consumer, provided Nuova Ricambi was informed of the Consumer’s intention when the Purchase Contract was concluded, and accepted it.
12.6 As a consequence, the field of application of the legal Guarantee doesn’t include any failures or malfunctions due to accidental circumstances or to responsibilities by the Consumer, or to a use of the Product not complying with its intended use and/or with the provisions contained in the technical documents supplied along with the Product.
12.7 In case of a non-conformity duly pointed out within the prescribed terms, the Consumer is entitled:
– primarily, to the free repair or replacement of the Product, at his option, unless the requested remedy is objectively impossible or too expensive compared with the other;
– secondarily (i.e. in case the repair or the replacement were impossible or too expensive, or in case the repair or replacement were not carried out within a reasonable term, or in case the prior repair or replacement resulted in serious disruptions for the Consumer) to a Price reduction or to the termination of the Purchase Contract, at his option.
The requested remedy is too expensive if it would compel Nuova Ricambi to incur unreasonable expenses, compared with the alternative remedies available, taking into account (i) the value the Product would have in the absence of the non-conformity; (ii) the extent of the non-conformity; (iii) the possibility that the alternative remedy can be implemented without serious disruptions for the Consumer.
12.8 Should a Product, during the period of validity of the Legal Guarantee, show a possible non-conformity, the Consumer will have to contact the Customer Service, using the contact data mentioned in article 14 below. Nuova Ricambi will promptly reply to the notification of the alleged non-conformity and will inform the Consumer of the procedure to be followed, even taking into account the commodity category the Product belongs to and/or of the non-conformity the Consumer has pointed out. It is understood that Nuova Ricambi is the person responsible for the application of the Legal Guarantee on the Products. Nuova Ricambi, instead, is not responsible for the application of the Legal Guarantee on the products sold by Third-party Sellers.
12.9 In any case, the competent support centre will carry out the controls required to ascertain whether the claimed non-conformity actually exists or not. Should the non-conformity actually exist, if the Consumer has opted, among the available remedies, for the repair, the competent support centre will repair the Product. If the Consumer has opted for the replacement, instead, and it is not too expensive for Nuova Ricambi compared with the repair or objectively impossible, Nuova Ricambi will replace the Product. Should the competent support centre ascertain that the non-conformity actually exists, any repair/replacement expenses and the expenses for the transport to the competent support centre will be paid by Nuova Ricambi. Should the competent support centre ascertain that the non-conformity doesn’t actually exist, the Legal Guarantee will not apply; as a consequence, the transport expenses and any repair/replacement expenses will be paid by the Consumer. Nuova Ricambi will inform the Consumer of the circumstance and of any costs that should be paid for the repair or the replacement. Nuova Ricambi reserves the right to send to the Consumer the quote issued by the competent support centre, to let the Consumer decide whether he wants to have the Product repaired or replaced at his own expense. The Consumer will have to authorise in writing the repair or the replacement of the Product at his own expense. The acceptance will result in the establishment of a direct relationship between the competent support centre and the Consumer, to which Nuova Ricambi will be no part and with reference to which no responsibility will be ascribable to it.
12.10 In any case, the repair or the replacement of the defective Products, if due, will be carried out as quickly as possible and anyway, except in exceptional circumstances or in case of any force majeure events, within 60 (sixty) calendar days of the day on which Nuova Ricambi received the defective Product. In case the replacement or repair originally chosen by the Consumer were not carried out within the term in question, the Consumer will be entitled to request one of the alternative remedies provided for by the Legal Guarantee (replacement, if repair had been requested; repair, if replacement had been requested; price reduction or Purchase Contract termination).
12.11 Nuova Ricambi reserves the right to request that the Consumer enclose to his claim for the application of the Legal Guarantee the invoice referring to the order.
13. Conventional warranty by the manufacturer
13.1 The products sold on the Site may, depending on their nature, be covered by a conventional warranty provided by the manufacturer (hereinafter referred to as the “Conventional Warranty”). The User can request the application of this warranty solely from the manufacturer. The duration, the scope, even geographical, the conditions and the application procedure to be followed, the type of damages/defects covered and any limitations to the Conventional Warranty depend on each individual manufacturer and are specified in the so-called warranty certificate included in the Product package.
The Conventional Warranty is voluntary in nature and is not additional to, doesn’t replace, doesn’t limit, doesn’t affect and doesn’t exclude the Legal Guarantee.
14. Customer support and Claims
14.1 Users can request information, send notices or submit claims by contacting the customer service of Nuova Ricambi (hereinafter referred to as the “Customer Service”) as follows:
– by sending an e-mail to firstname.lastname@example.org
– by calling the number +39 029253205
– by writing a letter to Nuova Ricambi S.r.l., 20061 – Carugate (MI), Via dei Mille 20, Italy;
– by visiting the Site and accessing the “Contacts” section;
– by sending, a fax to the number [ 029254286 ]
14.2 Nuova Ricambi will reply to the claims by e-mail or postal mail 7 (seven) working days from their reception at the latest.
15. Applicable law
15.1 The Purchase Contract concluded on the Site is governed by the Italian law.
15.2 For the Users who are regarded as consumers and who don’t have their habitual residence in Italy, any more favourable and mandatory provisions contained in the laws in force in the country where they have their habitual residence shall apply instead, with particular reference to the term for the exercise of the right of withdrawal, to the term for the return of the Products, in case of exercise of the right in question, to the terms and procedure for the notification of the decision to exercise the right and to the legal guarantee of conformity.
15.3 If the User is regarded as a consumer, for any dispute regarding the application, execution and interpretation of these General Conditions of Sale the court having jurisdiction is the one of the place where the User resides or has an address for service, if located in the territory of the Italian Republic. In any other case the only court having jurisdiction is that of Milan.
15.4 Users who reside in a European Union member state other than Italy may also access, for any dispute regarding the application, execution and interpretation of the General Conditions of Sale, the European procedure established for small claims by (CE) Regulation no. 861/2007 of the Council, of July 11, 2007, provided the value of the dispute doesn’t exceed Euro 2,000.00, disregarding all interests, duties and expenses. The text of the regulation can be found on www.eur-lex.europa.eu.
STANDARD WITHDRAWAL FORM
– pursuant to art. 49, paragraph 1, letter h) of the Consumer Code –
(fill in and return this form only if you wish to withdraw from the contract)
Nuova Ricambi S.r.l.
Via dei Mille 20
20061 – Carugate (MI), Italy
phone [ +39 029254286 ]
e-mail [ email@example.com]
– I/we hereby (*) notify the withdrawal from my/our (*) contract for the sale of the following goods/services (*):
– Order number:
– Ordered on __________________/ Received on ___________________
– Name of the consumer(s) (*).
– Address of the consumer(s) (*).
– Signature of the consumer(s) (*) (only if this form is notified in paper form)
(*) delete where not applicable.