GENERAL CONTRACT CONDITIONS ESTABLISHED BY AG MOTORICAMBI DI ANDREA GINATO.

1. General Provisions

These general conditions of sale (hereinafter, "GENERAL CONDITIONS") are provided by AG MOTORICAMBI di Andrea Ginato (hereinafter referred to as Agmotoricambi.com) to its customers with a view to transparency and completeness and apply to all sales of products (hereinafter, "PRODUCTS" or "PRODUCT") purchased through the website www.agmotoricambi.com (hereinafter, "SITE").

Entering the company name may sometimes find it necessary to modify some provisions of the General Conditions; we therefore invite customers to consult them before each visit to the SITE.

The validation of an order implies the tacit reading and acceptance of the General Conditions present at that moment.

The use of the distance selling service through the aforementioned SITE is therefore described in these GENERAL CONDITIONS and is reserved for consumers (hereinafter, "CUSTOMERS" or the "CUSTOMER").

The language available to conclude the contract is Italian.

In compliance with the provisions of the Italian and EU laws currently in force, the economic relationship between the Supplier and the CUSTOMER is governed by consumer protection legislation exclusively in the event that the CUSTOMER purchases for personal purposes unrelated to his/her work activity.

The CUSTOMER is required to carefully read the GENERAL CONDITIONS that have been made available to him on the SITE, in order to allow their storage and reproduction by the CUSTOMER pursuant to art. 12 of Legislative Decree 9 April 2003, n. 70. The contracts concluded with Agmotoricambi.com (as defined below) through the SITE are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 (hereinafter "CONSUMER CODE") and by Legislative Decree 9 April 2003, n. 70 (hereinafter, "ECOMMERCE DECREE").

2. Seller identification

The seller is AG MOTORICAMBI di Andrea Ginato (Agmotoricambi.com) C.F. GNTNDR93S04F964J - VAT number: 04109190241 - REA: PD - 464951 - Registered and operational headquarters: Via Yitzhak Rabin, 156 - 35040 Casale di Scodosia (PD)

3. Information relating to the PRODUCTS

Information relating to the PRODUCTS susceptible to distance selling through the SITE is available on www.agmotoricambi.com. The aforementioned information is provided in accordance with articles 52 and 53 of the CONSUMER CODE.

4. Price

The price of the PRODUCTS is inclusive of all taxes and duties. Shipping costs are not included.

All prices are expressed in Euros. Shipping costs are the responsibility of the CUSTOMER and can be consulted in advance both before final confirmation of the order and in the specific section of the SITE dedicated to shipping costs and estimates.

5. Purchase procedure

The essential characteristics and prices of the PRODUCTS are shown in the offer relating to each Product.

The SITE is structured as an online catalog that can be freely consulted without the need for prior identification.

For the purposes of purchasing the PRODUCTS, the CUSTOMER is obliged to specify his qualification as a private individual, through a registration procedure at the end of which he will obtain from the system the attribution of a user identifier and a password with which to access his personal account.

For registration, you will be asked to enter the personal data necessary to identify the CUSTOMER as well as the tax data (for example tax code, date and place of birth, residence and/or domicile) necessary for the correct fulfillment of the tax burdens resulting from the commercial transaction that will be stipulated and finally personal data (telephone number, mobile phone, e-mail) in order to allow the receipt of information regarding the status of the orders and to allow the prompt cancellation or modification of the orders.

The CUSTOMER is responsible for the truthfulness and correct insertion of the data required for registration, therefore, for the purposes of purchasing products for which the age of majority is required (alcoholic or other) the user, by registering on the site, will give confirmation or otherwise of the age requirements to proceed with the purchase of the various types of goods permitted by the regulations in force in Italy.

The processing of data provided by the CUSTOMER is carried out by Agmotoricambi.com in compliance with privacy regulations.

Once registered, the CUSTOMER can proceed with the purchase by completing and sending the order form in electronic format to Agmotoricambi.com, following the instructions contained in the SITE.

The CUSTOMER must place the PRODUCT in the appropriate "virtual cart" and, after having read the GENERAL CONDITIONS, with particular reference to the contribution for delivery costs and the methods of exercising the right of withdrawal, must select the desired payment method and choose the "cart" option.

Before submitting their purchase order, the CUSTOMER will have the opportunity to correct any data entry errors by following the appropriate modification procedure contained in the SITE.

In particular, the CUSTOMER has the right to change the quantity of PRODUCTS he intends to purchase, adding or eliminating one or more PRODUCTS from the "virtual cart".

By sending the order, the CUSTOMER acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept the GENERAL CONDITIONS.

The CUSTOMER will have the opportunity to view and follow the status of his order through subsequent communications.

In any case, once the order has been received, the site will contact the CUSTOMER by e-mail to the address provided during registration and creation of the user account, to indicate receipt of the order, summarizing the contents of the itself, the shipping address and the payment methods chosen, allowing the CUSTOMER to cancel or modify the order before the order is shipped (for further information see art. 7 below). Agmotoricambi.com reserves the right to evaluate the acceptance of orders received.

By way of example but not exhaustively regarding this option, please refer to the following art. 8. Agmotoricambi.com will inform the CUSTOMER of any inability to accept the orders received within 30 days starting from the day following the day on which the order was sent and will refund any sums already paid for the payment of the supply.

6. Payment methods

The CUSTOMER may pay the price of the PRODUCTS and the related delivery costs by credit card, Pay Pal or bank transfer.

Payments made with the following credit cards are accepted: Visa, MasterCard, American Express and cards issued by the major transaction circuits.

The transaction will be charged to the CUSTOMER's credit card only after:

  1. the company that manages the online transaction service of the credit card circuit provided by the CUSTOMER has verified the data thereof,
  2. the debit authorization has been received from the company issuing the credit card used by the CUSTOMER.

In the event that, for any reason, charging the amounts due by the CUSTOMER proves impossible, Agmotoricambi.com will proceed to cancel the transaction and the sale will be automatically cancelled.

7. Confirmation of receipt of the order

In compliance with the provisions of the art. 53 of the CONSUMER CODE, the CUSTOMER receives, at the time of execution of the contract, by e-mail, confirmation of receipt of the purchase order originally sent according to the methods set out in article 5 of these GENERAL CONDITIONS, containing a summary of the essential characteristics of the product ordered, the order quantity, its price, the amount paid, the existence, for CUSTOMERS, of the right of withdrawal - with an indication of the times and methods for returning the product good - the geographical address to submit any complaints and information on assistance services and existing commercial guarantees, the GENERAL CONDITIONS.

In said communication, the Supplier will also indicate the deadline within which the CUSTOMER can cancel or modify the order.

8. Ineffectiveness of the order

No contract shall be considered concluded between Agmotoricambi.com and the CUSTOMER if Agmotoricambi.com has reasonable grounds to believe that the CUSTOMER is not acting on the basis of an effective and genuine interest in purchasing the PRODUCTS ordered, or is abusively exercising the right of withdrawal recognized by the following article 12.

In such cases, the order submitted by the CUSTOMER must be considered as having no effect whatsoever.

Agmotoricambi.com will send the CUSTOMER, by e-mail, a communication certifying the failure to conclude the Contract, also taking care of the cancellation of any charges and/or expenses borne by the CUSTOMER.

9. Transport and delivery

The PRODUCTS purchased on the SITE will be delivered to the address indicated by the CUSTOMER. In any case, the CUSTOMER has the right to request delivery of the PRODUCTS to a natural person of his choice, whose residence or domicile is located within the Italian territory. At the time of delivery, the signature of an adult over the age of 18 will be required. Deliveries to post office boxes will not be made. For each order placed on the SITE, Agmotoricambi.com issues an invoice for the goods shipped, sending it via e-mail or post to the order holder, pursuant to the Presidential Decree. 445/2000 and Legislative Decree 52/2004. For the issuing of the invoice, the information provided by the CUSTOMER at the time of the order is valid. No changes to the invoice will be possible after it has been issued. Delivery costs are borne by the CUSTOMER and are clearly highlighted on the SITE. All purchases will be delivered by courier (hereinafter, "COURIER") from Monday to Friday, excluding holidays and national holidays. Agmotoricambi.com is not responsible for unforeseeable delays Agmotoricambi.com will send the CUSTOMER a confirmation e-mail once the PRODUCTS have been shipped, which will specify the shipment tracking number through which it will be possible to view, after insertion on the COURIER'S SITE , the status of the shipment. In any case, except in cases of force majeure or unforeseeable circumstances, in compliance with the CONSUMER CODE the PRODUCTS will be delivered within a maximum period of 30 (thirty) days starting from the day following the day on which the CUSTOMER sent the order to Agmotoricambi.com, unless Agmotoricambi.com communicates - within the same deadline, via email - the impossibility of delivering the goods ordered following the unavailability, even temporary, of the PRODUCTS. In the event of such communication, Agmotoricambi.com will refund any sums already paid by the CUSTOMER for the payment of the supply. In the event that, following communication from Agmotoricambi.com of a delay in the delivery date, the CUSTOMER wishes to cancel the order, any amount already paid will be refunded (in the same manner as performed by you) as soon as possible. possible, and in any case no later than 14 (fourteen) days from the day following the day on which the order was sent to Agmotoricambi.com. For the delivery of the goods, the presence of the CUSTOMER, or alternatively of a representative at the recipient's address indicated in the order, is required. Pursuant to art. 63 of the Consumer Code, any damage to the packaging of the Products must be immediately contested by you by placing a written control reservation on the proof of delivery. It is understood that, once the delivery document has been signed without any dispute, you will be precluded from making any exceptions regarding the external characteristics of what has been delivered. In the event that the carrier has been chosen by you outside of those proposed during the purchase phase, the risk of damage and the perimeter of the Products is transferred to you already at the moment of delivery to the carrier itself, precluding any dispute regarding the characteristics exterior than what was delivered. In this case, any dispute must be raised directly by you against the carrier.

10. Right of withdrawal

Pursuant to the provisions of the CONSUMER CODE referred to in Legislative Decree 21/2014, relating to the Right of Withdrawal, the CUSTOMER has the right to withdraw from the contract, without indicating the reasons within 14 days. The withdrawal period expires 14 days after the day on which the buyer or a third party, other than the carrier, acquires physical possession of the goods. To exercise the right of withdrawal, the CUSTOMER is required to inform Agmotoricambi.com of his decision to withdraw from this contract through an explicit declaration, the CUSTOMER must send Agmotoricambi.com a written communication within 14 working days from the date of receipt of the goods . This communication must be sent by registered letter with acknowledgment of receipt, addressed to: Via Yitzhak Rabin, 156 - 35040 Casale di Scodosia (PD), by certified mail andrea.ginato@pec.it or by e-mail to the address info@agmotoricambi.com, for this purpose you can also complete and use the attached standard withdrawal form, but it is not mandatory. You can also electronically fill in and send the standard withdrawal form or any other explicit declaration on our website Agmotoricambi.com. If you choose this option; We will send you without delay a confirmation of receipt of the withdrawal on a durable medium (for example by email). To comply with the withdrawal deadline, it is sufficient for the CUSTOMER to send the communication relating to the exercise of the right of withdrawal within the aforementioned 14-day period.

EFFECTS OF WITHDRAWAL

If the CUSTOMER withdraws from this contract, you will be refunded all payments you have made to us, including delivery costs (with the exception of additional costs resulting from your possible choice of a type of delivery from the least expensive type of standard delivery from offered to us), without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. The refund may be withheld beyond 14 days only until you have demonstrated that you have sent back the goods or until they are received by us, whichever occurs first. These refunds will be made using the same payment method used by the CUSTOMER at the time of the initial transaction, unless the CUSTOMER has expressly agreed otherwise; in any case, you will not incur any costs as a consequence of such reimbursement.

EXCLUSIONS FROM WITHDRAWAL

This right cannot be exercised in relation to the categories of goods and services expressly specified in the art. 59 of Legislative Decree 21 February 2014, n. 21 of the Consumer Code (by way of example but not limited to the types of products marketed on the SITE that could most likely be subject to this exclusion, i.e.):

  1. the supply of tailor-made or clearly personalized goods;
  2. supply of goods which are likely to deteriorate or expire rapidly;
  3. supply of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery;
  4. supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
  5. supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations on the market which cannot be controlled by the professional).

Once the aforementioned notice of withdrawal has been received, the Agmotoricambi.com CUSTOMER Service will communicate to the CUSTOMER the instructions on how to return the goods. The right of withdrawal is however subject to the following conditions:

  1. The right applies to the product purchased in its entirety; it is not possible to exercise the withdrawal only on part of the product purchased.
  2. By law, shipping costs relating to the return of the goods are borne by the CUSTOMER.
  3. The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the CUSTOMER.
  4. Agmotoricambi.com is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments.
  5. In the event of damage to the goods during transport, Agmotoricambi.com will notify the CUSTOMER of the incident (within 5 working days of receiving the goods in its warehouses), to allow him to file a complaint against the courier he has chosen and obtain a refund of the value of the property (if insured). In this eventuality, the product will be made available to the CUSTOMER for its return at the same time canceling the withdrawal request.
  6. If you withdraw from the contract, you will be refunded all payments you have made to us, including delivery costs (with the exception of additional costs resulting from your possible choice of a type of delivery other than the least expensive type of standard delivery from us offered), without undue delay and in any case within 14 (fourteen) days from the day on which we are informed of your decision to withdraw from this contract. The refund may be withheld beyond 14 (fourteen) days only until you have demonstrated that you have sent back the goods or until they are received by us, whichever occurs first.
  7. Agmotoricambi.com will reimburse the CUSTOMER the entire amount already paid, within 14 days of the return of the goods, through a cancellation procedure of the amount charged to the credit card or by bank transfer. In the latter case, it will be the CUSTOMER's responsibility to provide the bank details on which to obtain the refund (IBAN code - Current account of the invoice holder).

The right of withdrawal is totally lost, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Agmotoricambi.com ascertains:

  1. The lack of external packaging and/or wrapping containing the purchased product (e.g. Pasta, Biscuits etc.),
  2. Damage to the product for reasons other than its transport. In the event of forfeiture of the right of withdrawal, Agmotoricambi.com will return the purchased goods to the sender, charging the shipping costs to the sender.

DECREASE IN VALUE

The customer is only responsible for the decrease in value in the event of withdrawal of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

Below is an example of a withdrawal letter.

Letter of Withdrawal
Standard withdrawal form pursuant to art.49, paragraph 1, letter. h)
(complete and return this form only if you wish to withdraw from the contract)
- Recipient [the name, geographical address and, if available, telephone number, fax number and email addresses must be entered by the Customer]:
- I/we hereby notify the withdrawal from my/our... contract of sale of the following goods/services
- Ordered on .... / received on ....
- Name of consumer(s)...
- Address of the consumer(s)...
- Signature of the consumer(s)... (only if this form is notified in paper version)
- Date

11. Legal guarantee of conformity

The legal guarantee of conformity is provided for by the Consumer Code (articles 128 et seq.) and protects the consumer in the event of the purchase of defective products, which work poorly or do not meet the use declared by the seller or for which that good is generally intended.

The legal guarantee lasts two years from delivery of the goods and must be asserted by the consumer within two months of discovering the defect: it is therefore necessary to always keep the proof of purchase (fiscal receipt or receipt of which it is advisable to make a photocopy immediately because the papers thermals on receipts may discolor over time).

The clauses inserted by professionals in contracts or general contract conditions with consumers that limit the duration of the legal guarantee or exclude it may constitute unfair clauses pursuant to article 33, paragraph 2, letter b) of the Consumer Code.

12. Errors

The information relating to the PRODUCTS provided on the SITE is constantly updated.

However, it is not possible to guarantee the complete absence of errors.

Agmotoricambi.com reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also to change or update information at any time without prior notice.

Without prejudice to the possibility for the buyer to report any errors or inconsistencies found in the online catalog by sending an email to info@agmotoricambi.com expressly inserting the words "ERROR REPORT" in the subject and specifying correctly the type of product or service in which the anomaly was found.

13. Limitations of Liability

Any information relating to the products sold by Agmotoricambi.com is based exclusively on the data published and disclosed by the respective manufacturers, therefore Agmotoricambi.com is not responsible for the correspondence of the goods sold to the specifications published on the SITE.

Agmotoricambi.com also declines any responsibility for malfunctions, interruptions of services, degradation of performance, whether or not these are due to force majeure or unforeseeable circumstances, when they are not directly attributable to Agmotoricambi.com itself due to its willful misconduct or gross negligence.

The CUSTOMER acknowledges and accepts that the acquisition of order proposals by Agmotoricambi.com through the site may be suspended during the closing periods.

Personal information such as personal details, tax code, VAT number, etc., are provided by the customer under his sole responsibility.

Agmotoricambi.com declines any charge that may be made due to any false declarations that may be made by users of the site when registering and purchasing the products marketed.

Where Agmotoricambi.com is certain that the data provided by any type of customer during registration does not correspond to the truth, it reserves the right to report the conduct to the competent authorities.

14. Management of personal data

The personal data provided by the CUSTOMER under his exclusive responsibility are collected, processed and used for the purpose of registering on the SITE and to allow the exercise of the commercial activity (order fulfillment, invoicing, etc.) and will under no circumstances be transferred to third parties, in full compliance with current legislation.

The data processing is carried out using IT media, by specifically appointed individuals.

The data is stored in computer archives to which the minimum security measures established by the legislator are applied.

Personal data may be communicated to the couriers and/or shippers used for the delivery of the Products.

The CUSTOMER can at any time access the data concerning him, update them, rectify them, integrate them and, more generally, exercise the rights provided for by article 7 of Legislative Decree 196/03. The CUSTOMER may at any time exercise the right to object, in whole or in part, to the processing of their data and to request its cancellation.

The Data Controller of the collection and processing of personal data is AG MOTORICAMBI di Andrea Ginato. For further clarifications in relation to the processing of personal data, please refer to the specific area of the SITE dedicated to Privacy.

15. Intellectual property

All intellectual property rights, brands, copyrights, logos and models will remain the exclusive property of the respective producers of what is marketed by Agmotoricambi.com on the SITE.

16. Applicable law and competent court

These GENERAL CONDITIONS are governed by Italian law and must be interpreted in accordance with Italian laws.

For disputes arising from the interpretation, validity and/or execution of these GENERAL CONDITIONS, the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the consumer, if located in Italian territory.

17.Dispute Resolution

Pursuant to European Union Regulation no. 524/2013, the CUSTOMER resident in Europe is informed that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European CUSTOMER to resolve non-judicial disputes relating to contracts for the sale of goods and services stipulated online and/or deriving from them.

Consequently, if you are a CUSTOMER established in Europe, you can use this platform to resolve any dispute arising from the online contract stipulated by this site.

The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr

18. Contacts

For further information, please write to the following email address: info@agmotoricambi.com and consult the appropriate contact section of the SITE.

The clauses referred to in the articles. 5. purchase procedure, 6. Payment methods, 7. Confirmation of receipt of the order, 8. Ineffectiveness of the order, 9. Transport and delivery, 10. Right of withdrawal, 11. Replacement of PRODUCTS, 12. Errors, 13. Limitations of liability, 16. Applicable law and competent court, are vexatious in nature pursuant to and for the purposes of the articles. 1341 and 1342 of the Civil Code, therefore for the purposes of concluding the aforementioned contract you will be asked to read and expressly accept its content.

Product added to wishlist
Product added to compare.