General Conditions of Sale for Consumers - Agri Parts
Published: May 2021
GENERAL CONDITIONS OF SALE APPLICABLE TO CONSUMERS
The following General Conditions of Sale govern the offer and sale (together with the documents mentioned below, the Privacy Policies, the General Conditions of Use of the website and the Cookie Policies) of the Products on the site www.agriparts.it. Please read these terms and conditions before ordering any Product.
The following General Conditions of Sale are only applicable if the Buyer is a Consumer, i.e. a natural person who acts for purposes unrelated to any commercial, entrepreneurial, artisanal or professional activity they may carry out.
The Seller reserves the right to modify these General Conditions of Sale, the Privacy Policies, the General Conditions of Use of the website and the Cookie Policies at any time, at its discretion, without needing to provide any notice to Site users. Any changes made will be effective from the date of publication on the Site and will only apply to sales concluded from that date onwards.
This Site can be accessed from anywhere in the world. In any case, the Products available on the Site can be purchased online only in certain European Union countries, as indicated on the Site.
Article 1. Definitions.
The following words have the meanings indicated below:
“Contract” means a contract for the online sale of one or more Products by Agri Parts S.r.l. (the “Seller”) to the Buyer;
“Consumer Code” means Italian Legislative Decree No. 206 of 6 September 2005 and subsequent amendments and additions;
“Buyer” means a Consumer who purchases one or more Products online from the Seller;
“Consumer”, including in the plural, means a natural person who acts for purposes unrelated to any commercial, entrepreneurial, artisanal or professional activity they may carry out;
“Products”, including in the singular, means the products that are part of the Seller’s catalogues published on the Site. The statements and/or images relating to the Products, including but not limited to those contained in the Website, brochures, catalogues, price lists and other similar documents of the Seller, are approximate and merely illustrative. Original Equipment Manufacturers’ (OEM) trademarks and descriptions are used for reference only. Such use does not imply that the Products and/or their parts are manufactured by these OEMs, even if interchangeable with their products;
“Site or Website” means the site “www.agriparts.it”, owned by the Seller, where the Buyer can purchase the Products online.
Article 2. Scope and order of precedence.
These General Conditions of Sale (in the version in force at the time the Contract is concluded) form an integral part of each online Contract. It is understood that if there is a conflict between these General Conditions of Sale and the provision(s) of a Contract, a written framework agreement and/or any special written conditions in force between the Seller and the Buyer, the provisions of the Contract and/or the framework agreement and/or any special written conditions between the Seller and the Buyer shall prevail.
Article 3. How to make purchases of one or more Products.
3.1 The presentation of the Products on the Site constitutes an invitation to offer. The Buyer’s purchase order will be considered as a contractual purchase proposal addressed to the Seller for the Products listed. Upon receiving the order, the Seller will automatically send the Buyer a message confirming receipt of the purchase order. This message does not constitute acceptance of the Buyer’s purchase order, but only confirms that the Seller has received the order and will verify the details and availability of the requested Products (order status: order in progress). The Contract will be finalised only when the Seller sends the Buyer a separate email expressly accepting the purchase proposal. This email will also contain information on the place and expected date of delivery of the Products (“Order Confirmation”) (order status: order confirmed).
3.2 The Seller has the right not to accept purchase orders at its discretion. The Seller does not guarantee the availability of the Products on the Site. If a chosen Product is not available, the Seller will promptly inform the Buyer via email to the address provided by the latter. The Buyer agrees to receive the Products available (even if one or more of the other Products ordered are not available).
3.3 Registration on the Site is required to purchase the Products online. The Buyer undertakes to provide their own, truthful personal data, and not that of third parties. In any case, the Seller will not verify such data and does not assume any responsibility in this regard.
3.4 Each Product offered for sale on the Site can be viewed via a special link that displays the images, unit price and characteristics of the Product. The Buyer is required to select the Products they intend to purchase and place them in the shopping cart. They may edit or remove the contents of the shopping cart at any time before proceeding with the purchase order. The transport costs are indicated and calculated during the purchase procedure before the order is sent. Before sending the purchase order, the Buyer is required to check the order summary to make sure that all the data provided is correct. Any data entry errors can be corrected using the appropriate data editing functions on the Website. The purchase order procedure will end when the Buyer selects the appropriate order confirmation button by clicking on the “purchase order with obligation to pay” box (thus validating their purchase order, which will be sent directly to the Seller). The Buyer will also be asked to choose a payment method amongst those available. After selecting the order confirmation button, the Buyer can no longer change the contents of the order. This is without prejudice to the Buyer’s right of withdrawal pursuant to Article 8.
3.5 The languages used to conclude the Consumer Sales Contract through the Site are Italian, Spanish, French, English and German.
3.6 The order form will be filed in paper and/or digital format in the Seller’s database, in accordance with the applicable regulatory provisions. The Buyer can access their order and the Order Confirmation by clicking in the Orders section in the customer area on the Site. These General Conditions of Sale are available on the Site and the Buyer can save and print them at any time.
Article 4. Prices.
The sales prices are in Euros and net of VAT. VAT will be added to the sales prices during the purchase procedure and before the Buyer sends the order. All the prices of Products displayed on the Site are net of transport costs and any other costs, which are borne by the Buyer. Delivery costs and any other costs will be indicated separately and explicitly during the purchase procedure.
Article 5. Payments. Invoicing. Refunds.
5.1 The payment methods available to the Buyer are as follows:
5.1.1 Credit cards (Visa, Mastercard), PayPal, Satispay;
5.1.2 Bank transfer.
5.2 The Seller will send the Buyer an invoice for each purchase made on the Site.
5.3 The Seller reserves the right not to accept a purchase order (including) in any case of non-payment.
5.4 If the payment is made by bank transfer: (i) the transfer will be made within 10 (ten) days from the Seller sending the Buyer a message acknowledging receipt of the Buyer’s order; (ii) the IBAN/SWIFT code to be used for payment will be indicated during the purchase procedure and (iii) the Buyer will indicate the purchase order number in the reason for payment.
5.5 The Buyer authorises the Seller to credit the former’s bank account with the total amount shown as the cost of the online purchase. The costs relating to the chosen payment system will be entirely borne by the Buyer.
5.6 The Seller will not be liable for any fraudulent or illegal use of the Buyer’s credit card by third parties. The Seller will not be able to discover the Buyer’s credit card details, which are sent directly to the Bank providing the service.
5.7 Any refunds of amounts paid by the Buyer to the Seller will be made using the same payment method the Buyer used to make the purchase. Refunds will be processed in the time and manner established by the operator of this payment instrument.
5.8 The Seller has the right to terminate any Contract and/or suspend its execution if the Buyer does not properly fulfil their obligations to pay the price as and when due.
5.9 Any late payment by the Buyer will entitle the Seller to postpone the shipment of the Products for the same length of time as the Buyer’s delay, without prejudice to the Seller’s other rights. Furthermore, if payment is delayed, the Products may no longer be available even when the Seller had previously sent the Order Confirmation.
Article 6. Shipping and delivery of the Products.
6.1 The Products purchased will only be shipped after the Buyer has paid the amount due. The Products will be shipped to the delivery address the Buyer indicated when registering on the Website or when purchasing the Products. The Buyer will assume the risk of loss or damage to the Products only from the moment when the Buyer, or a third party they have designated other than the shipper, comes into material possession of these Products.
If, conversely, the loss and/or damage of the Products occurs before material delivery to the Buyer or a third party they have designated, the Seller will refund the Buyer the amounts already paid. Transport methods, times and costs are indicated on the Site on the ‘Warranty and Returns’ page.
6.2 When the Products are shipped, the Buyer will receive a confirmation email from the Seller including the name of the courier used and the tracking code that lets the Buyer continuously monitor the shipment.
6.3 The maximum term within which the Seller must deliver the purchased Products is 30 (thirty) days from the date of conclusion of the Contract (therefore 30 days from the moment the Buyer receives the Order Confirmation), except in the case of force majeure events. This is without prejudice to the provisions of Article 5.9 and any different agreements between the Seller and the Buyer, for example when the Products are not available within 30 days.
6.4 The Seller may deliver Products ordered in the same order through partial deliveries. In this case, the Seller bears the additional shipping costs related to such deliveries. In any case, partial deliveries are considered valid and do not entitle the Buyer to refuse delivery or to obtain compensation or damages.
6.5 Upon delivery of the Products, the Buyer is required to check that
(i) the number of packages corresponds to that appearing on the transport documents and
(ii) the packaging is intact and free from signs of damage, tampering or alteration. If this verification has a negative outcome, the Buyer must immediately formulate the appropriate complaints in writing to the courier, refusing the Products or accepting them with written reservation on the transport document. Furthermore, the Buyer must inform the Seller of the incident by contacting the Customer Service, no later than 14 (fourteen) days from the date of delivery of the Products. If the complaints prove to be justified, the Seller will, at its own expense, provide the Buyer with the missing Products or replace the damaged ones, and the Buyer will not be required to place a new purchase order for these Products. If the Products are not available, the Seller will refund the Buyer the price of these Products or, alternatively, may offer the Buyer a voucher that can be used to purchase other Products.
6.6 If the Products are not delivered due to the Buyer’s absence during the attempts made as part of the courier’s procedure, the courier will keep the Products in its warehouse until the deadline specified in the notice of attempted delivery left for the Buyer. If the Products are not collected within this period, they will be returned to the Seller. In this case, the Contract will be considered terminated by law pursuant to Article 1456 of the Italian Civil Code, by email sent to the Buyer. Within the following 45 (forty-five) days, and in any case after the Products in question have been returned to the Seller, the Seller will refund the price the Buyer paid for the Products in question, minus (i) the costs of the unsuccessful shipping, (ii) the costs for returning the Products to the Seller and (iii) any other expenses the Seller has incurred from the non-delivery of the Products due to the Buyer’s absence or lack of action in fulfilling the obligation to receive/collect the delivery.
6.7 After the communication referred to in Article 6.6, if the Buyer intends to request delivery of the previously ordered Products, they must necessarily place a new purchase order. This is without prejudice to the Seller’s right to refuse this order and without any guarantee that these Products are still available.
6.8 The Seller will deliver the Products to the Buyer with adequate packaging.
6.9 The Seller will send the Buyer, with each shipment, a copy of the invoice, the packing list and the transport document.
Article 7. Legal guarantee of conformity.
7.1 The Products sold through the Site to the Buyer, assuming the Buyer falls into the category of Consumers, enjoy the legal guarantee of conformity described below (“Legal Guarantee”).
7.2 The Seller is obliged to deliver Products to the Buyer that comply with the Contract.
7.3 The Seller is liable to the Buyer for any lack of conformity existing at the time the Products are delivered, provided that the lack of conformity manifests itself within 2 (two) years from their delivery. The Buyer loses their rights relating to the Legal Guarantee if they do not report the lack of conformity to the Seller within 2 (two) months from the date when they discover the defect.
7.4 The Buyer may ask the Seller, at their own discretion, to repair the Product or replace it, at no cost to the Buyer, unless the chosen remedy is objectively impossible or excessively expensive compared with the other one.
7.5 The Buyer may request, at their own discretion, an appropriate reduction in price or the termination of the Contract if one of the following situations occurs:
(i) the repair and replacement are impossible or excessively expensive;
(ii) the Seller has not repaired or replaced the Product within a reasonable time;
(iii) the replacement or repair previously carried out has caused the Buyer considerable inconvenience.
7.6 The Buyer must send the complaint, and related requests and documentation, to the contact details indicated in Article 15. Upon receiving the complaint/request and related documentation, the Seller will evaluate the reported non-conformity. After conducting preliminary investigations into the case, the Seller will decide whether or not to authorise the return of the Product by providing the Buyer with a “Return Code”, which will be sent via email to the address provided when sending the order. The authorisation to return the Product does not, however, constitute recognition of the non-conformity, whose existence will only be ascertained after the Product’s return.
The Product for which the Seller has authorised the return must be returned to the address expressly indicated, together with a copy of the return authorisation bearing the “Return Code”.
7.7 If, after receiving the Product, the Seller verifies that the reported lack of conformity actually exists, any costs of transporting, repairing or replacing the Product will be borne by the Seller. Otherwise, or where the Seller verifies that the reported lack of conformity does not exist or that there are no conditions for the Legal Guarantee to be applicable, the latter will not operate.
7.8 The Legal Guarantee does not cover parts subject to normal wear. Furthermore, the Seller will not be liable, and the guarantee will be excluded, for damage of any kind caused by improper use, use not in accordance with the use and maintenance manuals, incorrect opening of the packaging, repairs carried out by unauthorised personnel, incorrect repairs, or damage due to repairs carried out by unauthorised personnel.
Article 8. The Buyer’s right of withdrawal
8.1 The Buyer may withdraw from the Contract within 14 (fourteen) days from the day on which the Buyer, or a third party they have designated other than the shipper, comes into physical possession of the Products.
8.2 The right of withdrawal must be exercised by contacting the Seller via the details indicated in Article 15. Upon receiving this notification, the Seller will send the Buyer confirmation of receipt of the exercised withdrawal, without delay.
8.3 The burden of proof relating to timely exercise of the right of withdrawal in accordance with this article lies with the Buyer.
8.4 In the event of withdrawal, the Seller must refund all payments received from the Buyer, including any delivery costs, without undue delay and in any case within 14 (fourteen) days from the day on which it is informed of the Buyer’s decision to withdraw from the Contract. However, the Seller may withhold the refund until it has received the Product(s) subject to withdrawal or until the Buyer has demonstrated that they have returned the Product(s), whichever occurs first. The Seller will make the refund using the same payment method the Buyer used for the initial transaction, unless the latter has expressly agreed otherwise and provided that the latter does not have to incur any costs consequent to the refund.
8.5 The Seller is not obliged to refund the additional costs if the Buyer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Seller.
8.6 The Buyer must return the Product(s) to the Seller or deliver it (them) to a third party authorised to receive it (them) by the Seller, without undue delay and in any case within 14 (fourteen) days from the date on which the Buyer communicated their decision to withdraw from the Contract. The deadline is met if the Buyer returns the Product(s) before the period of 14 (fourteen) days expires. The Buyer bears only the direct costs of returning the Product(s).
8.7 The right of withdrawal is excluded pursuant to Article 59 of the Consumer Code.
8.8 For further information regarding the right of withdrawal, see the information on the ‘Warranty and Returns’ page of the Site.
Article 9. Obligation of confidentiality.
The Buyer is required to observe absolute confidentiality concerning all information of a technical nature (such as, merely by way of example: drawings, tables, documentation, formulas and correspondence) received from the Seller or otherwise learnt in the course of the relationship with the Seller. Any such information can only be disclosed to third parties with the Seller’s prior consent, which is expressed in the forms described in Article 12 below.
Article 10. Force majeure.
10.1 Force majeure means any unforeseeable act or event, beyond the contracting parties’ will and control, and which cannot be promptly remedied (such as, merely by way of example: war (even undeclared), embargoes, turmoil, riots, fire, sabotage, epidemics, pandemics, natural disasters, governmental measures, strikes, inability to obtain supplies of raw materials/equipment/fuel/energy/components/products/work/transport).
10.2 When a force majeure event occurs, the delivery date will automatically be extended, at the Seller’s request, by the same duration as the force majeure or, in any case, by a reasonable period of time. It is understood that if the force majeure event lasts longer than 90 (ninety) days, each of the contracting parties will have the right to terminate the relevant Contract(s).
Neither party will be liable for damages caused by delay or by total or partial non-fulfilment of the obligations if such non-fulfilment is due to force majeure.
Article 11. Conformity
Unless otherwise agreed between the parties in writing, the Seller undertakes only to ensure that the Products are manufactured in accordance with European regulations and standards.
Article 12. Communications.
12.1 All communications provided for under the Contract, as well as those the parties must in any case make to execute it, must be made in writing (including email and fax), under penalty of ineffectiveness and without exception. This is without prejudice to any mandatory provisions contained in the Italian Consumer Code.
12.2 These communications take effect when they reach the other party’s address, including email and fax. A party whose address, fax number or email address changes must promptly notify the other party.
Article 13. ODR (Online Dispute Resolution). Jurisdiction.
13.1 In the event of disputes, the Buyer may, pursuant to Article 14 of EU Regulation 524/2013/EU (see also “Recital” No 11 of this Regulation) and Article 141 of the Consumer Code, pursue one of the procedures for out-of-court settlement of disputes provided for by current legislation. They may also use the online platform made available by the European Commission, which can be accessed through the website http://ec.europa.eu/odr.
13.2 Without prejudice to the above, for disputes arising from and/or connected with these General Conditions of Sale and/or dependent on and/or connected with the Contracts, the mandatory territorial jurisdiction is that of the court of the Buyer’s place of residence or domicile, if located in Italy.
Article 14. Titles.
The titles contained in these General Conditions of Sale are for reference only and must not be taken into consideration for the purposes of interpretation.
Article 15. General information pursuant to Directive 2000/31/EC.
The Seller: Agri Parts S.r.l., registered office Via F. Santi 8, 40055 Villanova di Castenaso (BO), Share Capital €200,000, Tax Code 02401740374, VAT Number 00575831201, Bologna Companies Register No BO 006-36356 of 19/02/1996, email firstname.lastname@example.org, telephone 051781695, fax 051781635, certified email email@example.com.
Intesa San Paolo
IBAN: IT07 R030 6902 5061 0000 0005 396