1. DEFINITION AND OBJECT OF THE CONTRACT
1.1 – This contract (“Contract”) is a distance contract within the meaning of Art. 50 et seq. Of Leg. September 6, 2005, no. 206 (“Consumer Code”). The Contract has as its object the sale of movable goods between Autoricambi Lamolinara srls and the consumer (the “Customer”). The Contract is concluded directly through the acceptance by Autoricambi Lamolinara srls of a purchase proposal issued by the Customer by telephone or through the Internet, in the website www.autoricambilamolinara.com (the “Site”) and/or through other Autoricambi Lamolinara srls distance selling systems, on the basis of the methods described in article 3 below.
1.2 These general conditions of sale (“General Conditions”) and, in particular, the information in Art. 52 of the Consumer Code, as provided by Autoricambi Lamolinara srls, repeated over the phone to the Customer and reported on the Site, will remain valid and effective until modified and/or supplemented by Autoricambi Lamolinara srls. Any amendments and/or additions to the General Terms and Conditions will be effective as of the date they are announced to the public and will apply to sales made on or after that date. The latest updated version of the General Terms and Conditions can be found on the Site.
The sale prices of the products illustrated on the Site and/or through any other distance selling systems of Autoricambi Lamolinara srls are inclusive of tax. Delivery charges are indicated on the Site and/or through any other Autoricambi Lamolinara srls distance selling systems and, in the case of telephone orders, repeated to the Customer by the Autoricambi Lamolinara srls operator.
3. MODE OF PURCHASE AND PAYMENT
3.1 – The Contract by telephone is perfected by notifying the Customer (who has contacted Autoricambi Lamolinara srls by telephone and formulated, on that occasion, a purchase proposal, also providing the operator with the data necessary for the registration procedure of his name, purchase order and chosen method of payment) that the proposal is accepted.
3.2 – In case of purchase proposals sent through the Site, the Customer shall receive a summary e-mail from Autoricambi Lamolinara srls, by which he/she shall be informed that his/her purchase proposal is being processed and shall be deemed accepted, unless otherwise communicated by e-mail or telephone by Autoricambi Lamolinara srls within 3 (three) calendar days from receipt of the summary e-mail. After this period has elapsed, the Internet Contract is deemed to be completed.
3.3 – The Customer will be allowed to choose one of the following payment methods offered within each product sheet.
4. DELIVERY OF PRODUCTS – COMPLAINTS
4.1 – Autoricambi Lamolinara srls delivers the products to the address indicated by the Customer.
4.2 – Any complaint regarding the purchase of a product may be made to the ‘reference address found in the description of the item sold.
5. PRODUCT AVAILABILITY
Autoricambi Lamolinara srls accepts Customer orders within the limits of the quantities of the required products existing in stock. Therefore, acceptance by Autoricambi Lamolinara srls of the purchase proposal forwarded by the Customer is subordinate to the stock availability of the products themselves. Autoricambi Lamolinara srls undertakes to promptly notify the Customer of any unpredictable stock-outs due to excess demand or other causes.
6. WARRANTIES AND ASSISTANCE
For the products purchased by the Customer, the regulations regarding guarantees and assistance relating to the sale of consumer goods are applicable to Autoricambi Lamolinara srls.
7. OBLIGATIONS OF THE CUSTOMER
The Customer represents and warrants: that he/she is a consumer in accordance with Art. 3 of the Consumer Code; that he/she is of legal age; that the data provided by him/her for the execution of the Contract are correct and true.
8. RIGHT OF WITHDRAWAL
8.1 – The sale is assisted by the warranties for defects and faults provided by law. Pursuant to art 53 D. Lgs 6 September 2005 No. 206, if the Customer is a consumer has the right to withdraw from the purchase contract for any reason and without explanation. To exercise this right, the customer must send written notice within 10 days from the date of receipt of the goods. Notice should be addressed, with prior warning, by e-mail to email@example.com or by mail to Autoricambi Lamolinara srls, S.S.16 n°7/B 64011 Alba Adriatica (TE). The goods must then be returned at the Customer’s expense within 10 days from the date of receipt of the goods. We will refund the full amount paid\ (excluding shipping costs) after ascertaining the integrity of the goods. For written confirmation of all contract terms and conditions as well as additional information under Art. 53 D. Lgs 206/2005. READ THE LEGISLATIVE DECREE.
8.2 – The Customer who intends to use the right of withdrawal must return the products to the address indicated in the description of the purchased item, within 10 days of receipt of the products. Pursuant to Article 55, second paragraph, of the Consumer Code, the Customer shall not have the right of withdrawal in the following cases:
– Supply of products opened by the Customer;
– supply of custom-packaged products, or which by their very nature, cannot be returned or are likely to deteriorate or alter rapidly (e.g., batteries, liquids, specific oils);
– Provision of customized products upon specific request or specially ordered for the customer.
8.3 – The cost of returning products shall be borne by the Customer. Autoricambi Lamolinara srls will return, within 10 days from the date of receipt of the products by the Customer: the entire price paid by the Customer in case of return of the product complete with all its parts and functionality; or the part of the price equivalent to the product actually returned by the Customer who has consumed the product in an appreciable manner and/or such as to significantly diminish its value.
9. PROCESSING AND CONFIDENTIALITY OF PERSONAL DATA INFORMATION IN ACCORDANCE WITH D.LGS. 196/03
9.1 Pursuant to the provisions of Legislative Decree No. 196 of June 30, 2003. Code regarding the protection of personal data (hereinafter the “Code”), we would like to inform you that your personal data, provided and/or subsequently acquired, will be processed by Autoricambi Lamolinara srls in compliance with the Code and current privacy regulations.
Purpose of processing
The data collected are processed for the following purposes: a. enroll in the service; b. conclude purchase and sale contracts and carry out their performance; c. Carry out the tasks necessary to execute the contractual relationship put in place; d. to send commercial information, advertising, informational and promotional material, by any means (e-mail, sms, etc.); e. to carry out, including by telephone contact, market research, economic and statistical analysis in order to verify the proper functioning of the services and satisfaction with them; f. process personalized information about the consumption habit and orientation of the data subjects; g. Communicate data to third-party companies for direct marketing purposes. The provision of data is mandatory for the conclusion of the purchase contract, optional in other cases. Failure to provide the data will result in the impossibility of being able to execute the order placed.
All data acquired may not be used for any other purposes than those mentioned above, and will be kept for the period necessary to carry out those purposes. After that time, the data will be deleted or transformed into anonymous form. For detailed data on purchases and services, retention times will be no longer than those stipulated by current regulations.
Rights of the data subject
This is without prejudice to your right to exercise at any time the rights referred to in Article 7 (Right of access to personal data and other rights) of the Code, in particular: the right to access your personal data, to ask for them to be corrected, updated and deleted if incomplete, erroneous or collected in violation of the regulations in force, as well as to oppose their processing for legitimate reasons, by addressing a written request to the Regulatory and Institutional Compliance Department Autoricambi Lamolinara srls, S.S.16 n°7/B 64011 Alba Adriatica (TE), or directly through the methods indicated on the site on the data access page.
The data controller is Autoricambi Lamolinara srls, S.S.16 n°7/B 64011 Alba Adriatica (TE).
Any dispute relating to the application, execution, interpretation and breach of the Contract shall be within the jurisdiction of the Court of San Marino.