Conditions of Sale

GENERAL CONDITIONS OF CONTRACT ESTABLISHED BY GINATO s.r.l.

1. General Provisions

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

Insert company name may from time to time need to modify certain provisions of the General Terms and Conditions; we therefore invite customers to consult them before each visit to the SITE.

Validation of an order implies tacit reading and acceptance of the General Terms and Conditions present at that time.

The use of the distance sales 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 accordance with the provisions of Italian and European Community laws currently in force, the economic relationship between the Supplier and the CUSTOMER is governed by consumer protection regulations exclusively in the event that the CUSTOMER purchases for personal purposes unrelated to his/her business activity.

The CUSTOMER is obliged to carefully read the GENERAL CONDITIONS that have been made available to him/her on the WEBSITE, in order to allow their storage and reproduction by the CUSTOMER pursuant to Article 12 of Legislative Decree no. 70 of 9 April 2003. The contracts concluded with Agmotoricambi.com (as defined below) through the WEBSITE are governed by Italian law and, in particular, by Legislative Decree no. 206 of 6 September 2005 (hereinafter, "CONSUMER CODE") and by Legislative Decree no. 70 of 9 April 2003 (hereinafter, "ECOMMERCE DECREE").

2. Seller identification

The seller is Ginato s.r.l. (Agmotoricambi.com) - P.Iva: 05655380284 - REA: PD - 482718 - Registered and operative office: Via Yitzhak Rabin, 156 - 35040 Casale di Scodosia (PD)

(insert all the fields indicated above)

3. Information relating to PRODUCTS

Information relating to the PRODUCTS that may be sold at a distance through the SITE is available at www.agmotoricambi.com. This information is provided in accordance with articles 52 and 53 of the CONSUMER CODE.

4. Price

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

All prices are quoted in Euros. Shipping costs are to be borne by the CUSTOMER and can be consulted before the final confirmation of the order, as well as in the special section of the SITE dedicated to shipping costs and estimates.

5. Purchase procedure

The essential characteristics and prices of the PRODUCTS are set out in the offer for each Product.

The SITE is structured as an on-line catalogue that can be freely consulted without the need for prior identification.

In order to purchase PRODUCTS, the CUSTOMER is obliged to specify his status as a private individual, through a registration procedure at the end of which he will obtain from the system the attribution of a user ID and password with which to access his personal account.

To register, the CUSTOMER will be asked to enter the personal data required to identify him/her, as well as the tax data (e.g. personal identification number, date and place of birth, residence and/or domicile) required for the correct fulfilment of the tax obligations arising from the commercial transaction that is to be stipulated, and finally personal data (telephone number, mobile phone number, e-mail) in order to allow the receipt of information on the status of orders and to allow the timely cancellation or modification of orders.

The CUSTOMER is responsible for the truthfulness and correctness of the data requested for registration, therefore, for the purpose of purchasing products for which the age of majority is required (alcoholic beverages or other) the user, by registering on the site, will confirm whether or not he/she meets the age requirements to proceed with the purchase of the various types of goods permitted by the regulations in force in Italy.

The data provided by the CUSTOMER are processed by Agmotoricambi.com in compliance with privacy regulations.

Once registered, the CUSTOMER may proceed with the purchase by filling in and sending to Agmotoricambi.com the order form in electronic format, following the instructions contained in the WEBSITE.

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

Before submitting his purchase order, the CUSTOMER shall have the opportunity to correct any data entry errors by following the appropriate editing procedure contained in the WEBSITE.

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

By placing an order, the CUSTOMER acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and that he/she accepts the GENERAL CONDITIONS in full.

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

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

By way of example only, but not exhaustively regarding this faculty, please refer to art. 8 below. Agmotoricambi.com shall inform the CUSTOMER of any impossibility to accept the orders received within 30 days starting from the day following the day in which the order was transmitted and shall provide for the reimbursement of any sums already paid for the payment of the supply.

6. Methods of payment

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

Payments made by the following credit cards are accepted: Visa, MasterCard, American Express and cards issued by 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 of the same,
  2. the debit authorisation has been received from the company issuing the credit card used by the CUSTOMER.

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

This communication will also indicate the deadline by which the CUSTOMER may proceed to cancel or change the order.

8. Ineffectiveness of the order

No contract shall be deemed to be 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 actual and genuine interest in the purchase of the PRODUCTS ordered, or is abusively exercising the right of withdrawal recognized in art.12 below.

In such cases, the order placed by the CUSTOMER shall be deemed to be ineffective.

Agmotoricambi.com will transmit to the CUSTOMER, by e-mail, a communication stating the non-conclusion of the Contract, also taking care of the cancellation of any charge and / or expenses charged to the CUSTOMER.

9. Transport and delivery

The PRODUCTS purchased on the SITE will be delivered to the address indicated by the CUSTOMER. The CUSTOMER has the right to request delivery of the PRODUCTS to an individual of his/her choice, whose residence or domicile is located within the territory of Italy. At the time of delivery, the signature of an adult over 18 years of age will be required. Deliveries to P.O. boxes will not be made. For each order placed on the WEBSITE, Agmotoricambi.com shall issue an invoice for the goods shipped, sending it by e-mail or post to the person placing the order, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The invoice shall be issued on the basis of the information provided by the CUSTOMER when placing the order. No change in the invoice shall be possible after the invoice has been issued. Delivery costs shall be borne by the CUSTOMER and are separately highlighted on the SITE. All purchases will be delivered by courier (hereinafter, "COURIER") from Monday to Friday, excluding public 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, in which it will be specified the tracking number of the shipment through which it will be possible to view, after entering on the WEBSITE the COURIER, the status of the shipment. In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with the CODE OF CONSUMER PRODUCTS will be delivered within a maximum period of 30 (thirty) days from the day after the CUSTOMER has sent the order to Agmotoricambi.com, unless Agmotoricambi.com communicates - within the same period of time, by e-mail - the impossibility to deliver the ordered goods due to the unavailability of the PRODUCTS. In case of such communication, Agmotoricambi.com will refund any sums already paid by the CUSTOMER for the payment of the supply. In the event that the CUSTOMER wishes to cancel the order after Agmotoricambi.com's communication of a delay in the delivery date, any amount already paid shall be refunded (in the same manner as the CUSTOMER) as soon as possible, and in any case no later than 14 (fourteen) days from the day after 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 an agent at the recipient's address indicated in the order, is required. Pursuant to art. 63 of the Consumer Code, any damage to the packaging/wrapping of the Products must be immediately contested by the CUSTOMER by placing a written control reservation on the proof of delivery. It is understood that, once you have signed the delivery document without any objection, you shall be precluded from making any objection with regard to the external characteristics of what has been delivered. In the event that the carrier chosen by you is not one of those proposed at the time of purchase, the risk of damage to and perimeter of the Products is transferred to you already at the time of delivery to the carrier, precluding any objection regarding the external characteristics of what has been delivered. In this case, any dispute must be made directly by you against the carrier.

10. Right of withdrawal

Pursuant to the provisions of the CONSUMER CODE set forth in Legislative Decree 21/2014, concerning the Right of Withdrawal, the CUSTOMER has the right to withdraw from the contract, without giving any reason, within 14 days.The withdrawal period expires after 14 days from the day on which the purchaser or a third party other than the carrier acquires physical possession of the goods.In order to exercise the right of withdrawal, the CUSTOMER must inform Agmotoricambi.com of its decision to withdraw from this contract by means of an explicit declaration, the CUSTOMER must send Agmotoricambi.com a written communication within 14 working days from the date of receipt of the goods.Such notice shall be sent by registered letter with acknowledgement of receipt, addressed to: Via Yitzhak Rabin, 156 - 35040 Casale di Scodosia (PD), by certified mail ginato.srl@pec.it or by e-mail to info@agmotoricambi.com, for which purpose you may also fill in and use the attached standard withdrawal form, but it is not mandatory. You may also electronically fill in and send the model withdrawal form or any other explicit declaration on our website Agmotoricambi.com. Should you choose this option; we will promptly send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by e-mail). In order to comply with the withdrawal period, it is sufficient for the CUSTOMER to send the communication concerning the exercise of the right of withdrawal within the aforementioned period of 14 days.

EFFECTS OF WITHDRAWAL

If the CUSTOMER withdraws from this contract, the cost of the order shall be refunded. While you shall bear the shipping cost incurred in returning the order. Refunds may be withheld beyond 14 days only until you have proven that you have returned the goods or until they are received by us, whichever comes first. Such refunds shall be made using the same means of payment used by the CUSTOMER at the time of the initial transaction, unless the CUSTOMER has expressly agreed otherwise; in any event, you shall not incur any costs as a consequence of such refund.

EXCLUSIONS FROM WITHDRAWAL

This right may not be exercised in relation to the categories of goods and services expressly specified in Article 59 of Legislative Decree 21 February 2014, no. 21 of the Consumer Code (by way of example but not limited to the types of products marketed on the WEBSITE that are most likely to be subject to such exclusion or):

  1. supply of made-to-measure or clearly customised goods
  2. supply of goods that are liable to deteriorate or expire rapidly;
  3. supply of sealed goods that are not suitable to be returned 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 in the market that cannot be controlled by the trader).

Once we have received the aforesaid withdrawal notice, the Agmotoricambi.com CUSTOMER SERVICE will provide the CUSTOMER with instructions on how to return the goods.The right of withdrawal is however subject to the following conditions:

  1. The right applies to the purchased product in its entirety; it is not possible to exercise the withdrawal only on part of the purchased product.
  2. In accordance with the law, shipping costs related to the return of the goods shall be borne by the CUSTOMER.
  3. The shipment, until the certificate of receipt in our warehouse, is under the full responsibility of the CUSTOMER.
  4. Agmotoricambi.com is not liable 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 inform the CUSTOMER of what has happened (within 5 working days from receipt of the goods in its warehouses), to allow him/her to file a complaint against the courier chosen by him/her and obtain reimbursement of the value of the goods (if insured).In this case, the product shall be made available to the CUSTOMER for its return at the same time as cancelling the request for withdrawal.
  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 offered by us), without undue delay and in any event within 14 (fourteen) days from the day on which we are informed of your decision to withdraw from this contract. Reimbursement may be withheld beyond 14 (fourteen) days only until you have proven that you have returned the goods or until they are received by us, whichever is sooner.
  7. Agmotoricambi.com will refund the CUSTOMER the full amount already paid, within 14 days from the return of the goods, by means of a transfer of the amount charged on 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 - Current Account of the invoice holder).

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

  1. The lack of the outer packaging and/or wrapping containing the purchased product (e.g. pasta, biscuits, etc.),
  2. The damage of the product for causes other than its transport.In the case of forfeiture of the right of withdrawal, Agmotoricambi.com will return the purchased goods to the sender, charging him/her for the shipping costs.

DIMINUTION IN VALUE

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

Below is an example of a withdrawal letter.

Letter of Withdrawal
Model withdrawal form pursuant to Art. 49(1)(h)
(complete and return this form only if you wish to withdraw from the contract)
- Recipient [name, geographical address and, if available, telephone number, fax number and e-mail addresses must be entered by the Customer]:
- I/We hereby give notice of withdrawal from my/our... contract of sale of the following goods/services
- Ordered on.... /received on ....
- Name of consumer(s)...
- Address of consumer(s)...
- Signature of 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 malfunction or do not respond to 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 claimed by the consumer within two months of discovery of the defect: proof of purchase must therefore always be retained (tax receipt or receipt, of which it is advisable to make a photocopy immediately because the thermal paper of receipts can discolour over time).

Clauses included by professionals in contracts or general terms and conditions with consumers that limit the duration of the legal guarantee or exclude it may constitute unfair terms within the meaning of Article 33(2)(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 placed and also to change or update the information at any time without prior notice.

The purchaser has the right to report any errors or inconsistencies found in the on-line catalogue by sending an e-mail to info@agmotoricambi.com expressly inserting in the subject line the wording "ERROR REPORT" and correctly specifying the type of product or service in which the anomaly was found.

13. Limitation of liability

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

Moreover, Agmotoricambi.com declines any responsibility for malfunctions, interruptions of services, degradation of performance, whether or not due to force majeure or fortuitous events, 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 client under his/her sole responsibility.

Agmotoricambi.com declines any charge that may be brought against it by reason of any false declarations that may be made by users of the site when registering and purchasing the products marketed.

Should Agmotoricambi.com be certain that the data provided by any type of client at the time of registration do not correspond to the truth, it reserves the right to report the conduct to the competent authorities.

14. Personal data management

The personal data provided by the CUSTOMER under his/her sole responsibility are collected, processed and used for the purpose of carrying out the registration on the WEBSITE and to allow the performance of the commercial activity (order processing, invoicing, etc.) and shall under no circumstances be transferred to third parties, in full compliance with the regulations in force.

Data processing is carried out by computerised means, by specially appointed persons.

The data are stored in computerised archives to which the minimum security measures provided for by the legislator are applied.

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

The CUSTOMER may at any time access the data concerning him/her, update, rectify, supplement and, more generally, exercise the rights provided for in Article 7 of Legislative Decree 196/03. The CUSTOMER may at any time avail himself of the right to object, in whole or in part, to the processing of his data and to request their deletion.

The Data Controller of the collection and processing of personal data is Ginato s.r.l. . For further details on the processing of personal data, please refer to the specific area of the WEBSITE dedicated to Privacy.

15. Intellectual property

All intellectual property rights, brands, copyrights, logos and models shall remain the exclusive property of the respective manufacturers of what is marketed by Agmotoricambi.com on the WEBSITE.

16. Applicable law and jurisdiction

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

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

17.Resolution of disputes

Pursuant to European Union Regulation No. 524/2013, the CUSTOMER resident in Europe is hereby 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 settle non-judicially any dispute relating to and/or arising from contracts for the sale of goods and services concluded online.

Accordingly, if you are a CUSTOMER established in Europe, you may use this platform for the resolution of any dispute arising from the online contract concluded on this site.

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

18. Contact

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

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

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