TERMS AND CONDITIONS
1. CONTRACT PURPOSE
1.1 This electronic contract relates the sale by the Company Im.Ex.Serve Srl. (" the Seller") with headquarters in Colturano, Via Delle Industrie 52-20060 - REA number 1705160, cod. fisc. and VAT number 03829830961 and the following items: products, accessories and equipment for interior and exterior car care ("Products"), purchased by the customer, person or company (hereinafter, "the Customer"), among those offered online on the website www.dettaglioauto.it (hereinafter "the Site").
1.2 The Customer should read every article of this contract without exception, before starting to purchase online.
2.THE SELLER’S DETAILS
2.1 The Seller, Im.Ex.Serve Srl., has its registered office in Colturano, Via Delle Industrie 52-20060
2.2 The Seller is the owner of the web domain www.dettaglioauto.it and its related contents through which he performs, among other things, e-commerce activities. Any reproduction, even partial, of the same content will be punished according to law by the legislation governing copyrights.
3.1 The Seller shall publish on site the offered products, to be considered as an offer to the public ex art.1336 cc, full of information about the price including VAT, technical characteristics, availability, shipping charges, methods of payment , delivery and warranty.
The images included in the product pages are for demonstration purposes only, the image cannot actually correspond to the product packaging.
3.2 The customer may proceed to purchase products offered by the Seller through the Site and any conditions attached thereto, only after the proper conduct of the following procedure:
a) the customer carefully reads the disclosure of personal data and lends itself, if it sees fit, the consent to treatment is not closely related to the purposes of the collection (optional treatment);
b) the Customer shall register his/her personal details and those required for the shipment of the package with the products purchased by filling out the registration form set up for this purpose by means of strings editable and specifying the address of residence and any further, if he/she wants the goods to be delivered differently than the first (shipping address);
c) the customer should carefully read, accept expressly and print these general conditions of sale;
d) the customer should choose the delivery and payment methods among those made available by the Site;
e) the Customer should finally proceed to confirm the order.
3.3 The contract is concluded when the customer confirms the order having read and accepted the conditions of the contract which is recorded in the server where the web pages of the site www.dettaglioauto.it are stored.
3.4 The Seller will inform the customer of the receipt of the order, thus confirming the conclusion of the sales contract, via an automatic email, sent to the email address provided by the customer at the registration, containing the date and the total amount of the order and the details of the same.
3.5 Before confirming and sending the order, the customer will be shown the unit cost of each product chosen, the total cost in case of multiple products purchase and the related shipping cost and delivery.
3.6 At the time of the order shipment by the Seller (or courier delivery to the shipping company in accordance with art. 12.5 of these general conditions of sale), the customer will receive an e-mail confirming shipment of the products and the invoice / receipt of their order.
4.PRICE, TAXES, FEES AND BILLING
The prices of products offered on the site of the Seller are inclusive of VAT and any other tax or fee. The cost of each product will be published at the conclusion of the order, however, it is displayed in the summary that precedes the confirmation of the order itself. If the price at a later date, should be modified in plus or minus, the same price will still be applied at the time of order confirmation. The system issues the receipts and the invoices fully automatically. Where the customer has filled in the fields related to VAT and CF in the address book the invoice will be issued; in the absence of these data, the system will create a Fiscal Receipt. It is not possible to cancel a document once issued so please double check that the data input in the fields of the billing address are correct before sending the order. Pursuant to article 21 of Presidential Decree 633/1972 and subsequent amendments. changes as per resolution of the Ministry of Finance with Prot. 450217 of 30/07/1990 send the invoice via e-mail that you consider only then issued and sent in original. This document (invoice) must be printed and stored. The system sends an e-mail as the default on the invoice but is available as PDF document.
5.PAYPMENT VIA PAYPAL - CREDIT CARD
5.1 When Paypal / Credit Card payment is choosen, the payment process will be available before proceeding with the confirmation and sending the order by the customer, and the system will automatically re-direct you to a screen where the customer can choose whether to make payment through a PayPal account, or by entering the number of credit card.
5.2 The Seller shall at no time of the purchase procedure be able to know the number of credit card of the customer, nor any other information in this regard, which is transmitted directly to the service provider via secure connection to the server encrypted latter.
5.3 Payment by PayPal / credit card is only possible when you place your order. In case of a problem (the credit card is not recognized or has expired) during the payment process and if the payment cannot be complete, the customer must contact the Seller at email@example.com to agree on a another payment solution. By joining the program Paypal Pro, any order already paid in this way can not be modified in any way.
6.OTHER PAYMENT METHODS
6.1 Other payment methods are: bank transfer (in advance), Postepay.
6.2 Payment by bank transfer must be made to the following account of Sales IBAN IT 51 O 02008 33730 000040210195 - UNICREDIT BANK payable to Im.Ex.Serve Srl. - BIC / SWIFT UNCRITMM. The causal appearing on the bank transfer must indicate the order number communicated to the customer by emailing that Article. 3.5 available from your personal page or order history. The goods will be sent only at the time of the amount credited.
6.3 PostePay to be done at a Post Office, a Sisal p.o.s. and/or any other p.o.s. authorized by the Italian Post. Once the payment is done, it is enough to send an email to firstname.lastname@example.org stating the order number and the execution of charging.
6.4 The goods returned to the sender after the delivery attempt, for reasons attributable to the Customer, will remain available to the customer for a further seven days, during which period the customer may require new expedition, with additional related charges - determined by the chosen form - in its sole charge. After the expiration of that period, the Seller may, by canceling the order, withhold the goods and the relative amounts already paid and / or request reimbursement of all expenses incurred.
7. DELIVERY METHODS AND EXPENSES
7.1 The shipping cost and delivery of the products purchased from the web site is charged to the customer, to the extent indicated in the offer published on the Site itself during the process, in the space, as well as in the present conditions of contract.
7.2 The shipping cost and delivery, as clearly represented to the Customer during the purchase process, vary depending on the quantity of products ordered, of their total weight and size and the mode of shipment and delivery chosen by the customer.
7.3 The customer can select the method of shipment and delivery by clicking the 'key' corresponding to the one chosen among shipping available methods in the space, then the acceptance of the General Terms and Conditions.
7.4 The choice of the mode of shipment and delivery, makes the possibility of choosing the method of payment: on the basis of the choice made in relation to the mode of shipment and delivery terms, the system will make it possible, automatically, the option only of some of the payment methods listed at the time of the order.
7.5 Payment for the Products purchased on the Site and the shipping and delivery, under Articles. 4:07 of these general conditions of contract, will be made in the manner of payment chosen by the Client among those available on the Site, and compatible with the option of sending and delivery selected.
7.6 The Products purchased are delivered ONLY to the address of residence indicated by the customer or, alternatively, to another address specified in the order form by the customer. The input of incorrect data and / or missing data may cause the ship back of the goods to the Seller at Courier's discrection and decision. In this case a new shipment would involve costs to the customer. Therefore we recommend that you carefully double check the entered data in the order and provide timely notice if these were to incorrect results and / or incomplete.
7.7 The couriers do not call in advance, nor manage requests of delivery in particualar hours.
7.8 The modes of shipment are: simple courier, truck-courier.
7.9 During the purchase process the customer receives all the information related to the costs of shipping and the payment terms possible in relation to each type of delivery, at a space called "Shipping".
10.7 The Products are shipped by the Seller within 48/72 hours (3.2 days) from the moment the order is paid, except in cases of art. 8.5. The indication of the shipment date is sending automatically by the system, or the receipt of the invoice. Subsequently, the customer can request the tracking code for tracking the shipment.
11.7 The obligation of the delivery of the Seller is fulfilled when the products are delivered from them to the carrier or courier, from that moment the risk of loss, damage or delay is solely due to the courier and, however, it will be up to the customer to start any action against carriers, insurers and third party managers in general.
7.12 In the delivery by courier for domestic shipments, in case of missed delivery due to the absence of the customer, the carrier will try a second delivery attempt without leaving any notice/advice. Whereas also the new attempt fails, the shipment will go in storage and can be released by obtaining a new delivery. The third delivery will take an extra expense that will be born exclusively by the customer. In international shipping after the first delivery attempt fails, the package is delivered to the Parcel Shop where you can carry out the withdrawal. Whereas the shipment has to be re-sent back to the Seller as a result of failure to collect at the branch, Im.Ex.Serve Srl. You will be charged for its costs.
7.13 The customer, specifically choosing one of the shipment methods for which he/she knows the carrier and the conditions, relieves Im.Ex.Serve Srl. from any further liability or responsibility after the delivery of the parcel or of the same carrier.
7.14 Im.Ex.Serve Srl is not responsible for any delay of delivery compared to the timing described above for the types of shipping. The customer, on theirown decision, will take action against the carrier chosen for the transportation and delivery of goods.
7.15 It is possible to collect the order done on the site www.dettaglioauto.it at Im.Ex.Serve Srl
The customer sends the order with an indication in the notes "collect directly at Im.Ex.Serve Srl." and receives the total amount, less shipping costs, payable as to art. 5 and 6.
Once payment is received in time and in a manner agreed in this contract, the customer and the seller agree on the earliest date for the order collection.
8. TIME AND MODE OF THE EXECUTION
8.1 The Seller will execute the contract within the period that he has informed the customer via mail art. 3.4 of these general conditions and in any case not later than thirty days from the day following the confirmation and sending the order, except in the case of payment. And without prejudice, however, the otherwise agreed, via e-mail, is decided between the customer and seller with whom the same they agree to postpone that deadline.
8.2 The Products will be delivered to the address indicated on the order form, by courier and / or forwarding agent.
8.3 If the order is sent by the customer after 18.00, concerning the hours of the registered office of the Seller, the order is considered sent and received, to the effects of expiry of the period referred to in paragraph 1 of this Article , the next day.
8.4 In case of payment by bank transfer the goods are shipped by the Seller only when the amount has been credited on the bank account or, in the alternative, after receipt of received email in points 6.2 and 6.3 of this contract. The shipment of goods before actual accreditation will still be discretionary and the eventual performance of the receipt of the provision is not binding for the Seller.
8.5 If payment is not made within 3 calendar days, following the day of notification to the customer on the actual availability of the Seller of the products ordered, the system will send an automatic notification to the customer informing him of the order on the stock. After 24 hours from the communication the system will provide automatic annulment or cancellation of the order.
8.6 The Customer must consider that an order is equivalent to the reservation of the products included in the same and discharge from the warehouse of the items and quantities required. In order to avoid serious inconveniences it is forbidden to the customer to place multiple and repeated orders. In the event that payment by Paypal not be successful, or if they want to change an order by adding or deleting some items, the customer is asked to give written notice through email email@example.com, the staff of DettaglioAuto.it .
9. AVAILABILITY OF THE PRODUCT RESERVATION
[cambiare anche vers. italiano]
9.1 Not all products available on the site are in the immediate availability of the Seller.
9.2 If one or more items of your cart should not be available, then the lead time delivery will be within about 2 weeks period.
ATTENTION: the reservation is void without payment!
9.4 In any case, if for any reason the seller can not meet the order for temporary unavailability of the product in stock or for other cause, paragraph 2 of article 6 of Legislative Decree no. 185 / 1999 shall be applied.
10. SERVICE AND WARRANTIES. LIMITATION OF LIABILITY 'Seller.
10.1 The technical features of the products are shown in the spec-sheets, as they are provided by manufacturers / distributors; the Seller is not responsible for any discrepancies between the actual data and those declared by the manufacturers.
10.2 The Products supplied by the Seller are subject to the provisions of Legislative Decree no. 24/2002 of sale and guarantee of consumer goods and, so far as they do not expressly provided for, the rules of the Civil Law. and other relevant regulations. The customer owns the rights under Art. 1519 bis and following of the commercial code.
10.3 The guarantee applies to products that present lack of conformity and / or malfunctions not evident at the time of purchase, as long as the products are used properly and with due diligence, compliance with the various rules of use specified therein.
10.4 The warranty does not apply in the case of negligence, carelessness or inexperience by the customer in the use of the Products.
10.5 The failure of the Products must be reported in writing by the customer within the period provided by the law with a short description of the fault and the equipment used for the use of the products, indicating the brand and model number of the same. The Customer undertakes to verify the correct operation of the products.
10.6 The Seller shall not be liable for any disruptions caused by force majeure and / or fortuitous events such as accidents, theft and / or robbery to the carrier in charge of delivery, fires, explosions, strikes and / or lockouts, earthquakes, floods and other events that could prevent, in whole or in part, to implement in the time and in the manner agreed with this contract.
Therefore, the compensation for any damages, losses and expenses, of any nature, which may arise to the Customer or its successors in dependence of the reasons mentioned above cannot not under any circumstances be charged to the Seller. Using these assumptions, the customer shall, if it deems appropriate, only be entitled to request the return of the price paid.
10.7 In addition, the Seller is not responsible for any fraudulent or illegal use that may be made by the customer or a third party credit card upon payment of the products purchased.
11. CUSTOMER OBLIGATION
11.1 The Customer is obliged to print and keep these general conditions of contract, the information concerning the processing of personal data and the order form prior to acceptance expressed by entering icon "and send order confirmation" so to gratify the requirements of Art. 3 and 4 of Legislative Decree no. 185/1999.
11.2 It is absolutely forbidden to the customer to provide false data, fantasy or data of non-existent persons during the filling the order form, or in the payment by credit card.
11.3 The customer must verify the integrity of the package upon its delivery made by the shipper / carrier, containing the Products purchased on the Site of the Seller.
In particular, the package shall not have been subject to tampering, having to be integral adhesive tape which seals the package.
If in the delivery, the customer realizes that the package has been opened or damaged, they must immediately reject contesting the tamper evident or damage to the Carrier.
The Seller will not accept complaints later.
11.4 If the customer decides to send the purchased items to a different address from the one entered at registration to the Website, the customer guarantees that the third resident, or otherwise present at the home are aware of the expedition carried out there, and that in however, they provided the customer prior consent to receive these products bought on the site. In this way, the customer will be liable to the Seller for any refusal to receive products from such third parties and undertake to indemnify and hold Seller harmless from any action, right, claim, demand or request for compensation that would be those brought against the Seller causes indirectly related to the delivery at their home of products purchased by the customer on the same site.
11.5 The Customer is liable for damages that result of the failure of the obligations referred to in paragraphs 1,2, and 3 of this Article arising either ends of the Seller.
12.RIGHT OF WITHDRAWAL AND RETURN OF THE GOODS
12.1 The customer has the right to terminate this contract without penalty and without the need to specify the reason, within ten working days from the date of receipt of the Product by the Customer. The right of withdrawal is only authorized to the customer that is to be a "consumer" within the meaning and for the purposes of Legislative Decree no. 185/1999.
12.2 The customer shall exercise this right by registered letter, that, notwithstanding the provisions of art. 5, paragraph 4, D. Lgs.185 / 1999.
12.3 The customer who has exercised his/her right of withdrawal in the manner and within the terms of the Articles above, is required to return the property - not tampered with and perfectly sealed - been delivered within the period of 15 days from the exercise of the right of withdrawal, with shipping costs on their own.
In case of opening, tampering or damage - even partial - of the package that seals the product, the customer forfeits the right of the withdrawal under article 5, paragraph 3 d) of Legislative Decree no. 185/1999.
12.4 If the customer exercises his/her right of withdrawal, the seller is obliged to return what he/she has received in payment for the Products and the shipping fees within 14 working days of receipt of returned products by the customer, after checking the integrity of the property returned .
13. TERMINATION CLAUSE
13.1 If the customer defaults on any obligation on its part, provided by the present conditions, as well as by law, this agreement will terminate automatically, pursuant to art. 1456 cc, from the date of sending the fax message, or e-mail communication by which the Seller agrees to avail themselves, as if the case will make use of this termination clause.
14. JURISTICTION COMPETENT COURT
14.1 All disputes arising from contracts for the purchase of goods and services through the site www.dettaglioauto.it, are subject to Italian juristiction.
14.2 For any dispute relating to this contract, exclusive juristiction will be in Milan to express agreement between the parties. The customer in this regard, with the registration and in any case with the completion of the contract, expressly accepts this derogation clause of competence.