GENERAL TERMS AND CONDITIONS OF SALE OF G.M.C. RACING THROUGH THE ONLINE WEBSHOP WWW.GMCRACING.COM
If you please, read carefully these general sale and delivery conditions.
1. Identification of the Supplier
The goods covered by these general conditions of sale are offered for sale by ANZELINI F.LLI S.N.C. DI ANZELINI GIULIANO & MARCO with headquarter in Via Bernardo Clesio 37 - Fondo (TN) - 38013, registered at TN 193210, VAT number 01996850226, e-mail firstname.lastname@example.org, tel. and fax 0463 839518, hereinafter referred to as «G.M.C. Racing».
2. In general
These general conditions of sale apply to the contract of sale of tangible movable property of G.M.C. Racing, concluded between the latter and the Buyer under a system of distance selling by means of telematics, organized by G.M.C. Racing.
The sales prices are inclusive of VAT and any other tax.
The cost of shipping to the Buyer's home is charged to the same.
The shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the forwarding of the order by the Buyer and also contained in the web page summary of the order made.
4. Orders and conclusion of the contract
Orders can be placed after registration on the website of G.M.C. Racing (shop.gmcracing.com/), in which all the information requested must be stated clearly and truthfully. Incomplete orders will not be taken into consideration.
The indications on the website relating to the minimum quantities ordered are binding. If such indications should not be present, the minimum quantity is intended as a single piece for materials in stock and the linear meter for cables, sleeves, tubes and similar.
The Contract stipulated through the website of G.M.C. Racing is concluded when the Buyer receives, via e-mail, formal confirmation of the order by G.M.C. Racing, through which the same accepts the order sent by the Buyer and informs him about the execution of the same. The contract is concluded in the place where it is located G.M.C. Racing.
5. Delivery and order processing
The delivery of the goods will take place according to the manner chosen by the Buyer between those indicated on the website at the time of the offer.
In case of delivery by shipment, G.M.C. Racing will arrange for the delivery of the selected and ordered products at the address specified by the Buyer.
Orders will be processed as quickly as possible and, in any case, the delivery will take place within 30 days from the conclusion of the contract, unless otherwise agreed between the parties.
If the Seller does not deliver the goods within 30 days or within the agreed term, the Buyer shall invite the Seller to deliver the goods within an additional term appropriate to the circumstances.
Shipments are entrusted to couriers, for this reason G.M.C. Racing is not responsible for any damage, delayed delivery or loss of material, burdening the Buyer the risks involved in transporting the goods.
The risk of loss or damage to the goods is tranferred to the Buyer when the latter, or a third party designated by him and different from the carrier, takes physical possession of the goods.
It is thus recommended to immediately check the condition of the goods upon delivery and to inform the carrier of any damage that may have been caused by the same, as accepting the package without reserve, G.M.C. Racing cannot be held responsible for any damage.
The risk is transferred to the Buyer at the time of delivery of the goods to the carrier if the latter has been chosen by the Buyer.
6. Legal guarantee of conformity
If the Buyer is a consumer, as a person who makes the purchase for purposes not related to trade or profession, if any, G.M.C. Racing responds to any lack of conformity in accordance with the provisions of Legislative Decree no. 206/2005, to which reference is made.
For the purposes of this contract,it is presumed that the consumer goods conform the contract if, where relevant, coexist the following circumstances: a) they are suitable for the use to which goods of the same type are ordinarily put; b) they conform to the description made by the Seller and possess the qualities of the goods that the Seller has presented to the consumer as a sample or model; c) they possess the quality and performance which are customary in goods of the same type and which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, any public statement on the specific characteristics of the goods made about them by the seller, the producer or its agent or representative, particularly in advertising or on labelling; d) they are also suitable for the particular purpose intended by the consumer and which was brought to the Seller's attention at the time of conclusion of the contract and which the Seller has accepted, even by conclusive acts.
For the purposes of the product description, the Seller G.M.C. Racing expressily specifies the following: a) the products sold are to be used exclusively on racing vehicles, where the regulation allows them; b) the products sold are not approved for road use; c) the products sold are not to be installed for any reason in order to replace original parts on road cars; d) the only prerogative and objective of the products sold is in fact to be understood exclusively as improvement of the "performance" of the car during regular sport competitions; e) the use of the products sold, whose duration cannot be guaranteed, implies for example reduced duration of all the other components of the vehicle, greater noise, greater vibration, greater consumtpion, etc.; f) it is pointed out that the use of the products sold on the vehicles can create stesses or problems difficult to predict and often linked also to the different possible ways of assembling them.
In the light of this description, except for rare or circumscribed exceptions due to obvious manufacturing defects immediately found at the time of delivery, it is therefore not possible to provide any guarantee of the products distributed and sold by G.M.C. Racing, nor to guarantee compatibility with other mechanical components of the vehicle on which the goods are installed. The Buyer and/or user, having checked the above mentioned components, is therefore the only one to decide how and where to use them in the application of his careful design and assumes in this way all the risks as well as possible and eventual loss of earnings or sales, losses, costs of goods or replacement services, business interruption, damages to persons, animals, or property or any direct, indirect, incidental, or pecuniary damage that may result.
In case of lack of conformity, the Buyer may request repair or replacement of the purchased goods. The request must be made in writing to G.M.C. Racing, which will indicate its availability to give course to the request, or the reasons that prevents it from doing so.
The materials found on the market by G.M.C. Racing on behalf of the customer (those not present in our online catalog and requested on your recommendation) are provided as they are, without any guarantee for the Buyer NOT consumer. For this reason, compliants about their quality (oxidation, lack of documentation, lack of packaging, finishing, etc.) will not be accepted.
Materials sent to manufacturers or service providers for repair, treatment or replacement under warranty travel at the customer's risk and expence.
All G.M.C. Racing products are recognizable by the writing silkscreened on them or with labels or packaging themselves. The alteration or the removal of these writings by the dealer/user will result in a failure to recognition of any warranty by G.M.C. Racing.
In cases where it should not be applicable to the rules laid down in Legislative Decree no. 206/2005 - Consumer Code because the Buyer does not have the quality of consumer, operate under Articles 1490 et seq. the Civil Code on the subject to guarantee of the defects of the thing sold. In particular, in relation to the provisions of Articles 1490 and 1491 of the Civil Code, it is agreed the exclusion of the guarantee for the defects of the thing sold.
7. Right of withdrawal
As provided for by the regulations in force concerning distant contracts, if the purchaser is a natural person, who makes the purchase for purposes NOT related to trade or profession, if any, has the right of withdrawal from the contract within a period of 14 (fourteen) working days, starting from the day on which the Buyer or a third party, other than the carrier and the Buyer himself designated, acquires physical possession of the goods.
Before the expiry date of this period, the consumer who intends to exercise the right of withdrawal must give written notice to G.M.C. Racing. The consumer must return the goods without undue delay and, in any case, within fourteen days from the date in which he communicated his decision to terminate the contract.
Direct cost of returning the goods is borne by the consumer.
The goods must be returned free of manipulation that diminish the value (equal to the new, such as to be resold to other customers, the goods must not have been installed), otherwise the consumer will be held responsible for the decrease in value of the goods.
Exceptions: the right of withdrawal is subject to all exceptions provided for in art. 59, Legislative Decree 206/2005 and, in particular, the right of withdrawal does not apply in the following cases: - for the supply of custom goods constructed according to the indications and specific needs of the consumer. The consumer cannot therefore terminate the contract if the goods have been specifically manufactured for him, even through agreement made by phone or e-mail; - the right of withdrawal does not apply to the supply of goods, whose price is strictly connected to fluctuations in the financial market that G.M.C. Racing is not able to control and that may occur during the withdrawal period. No right of withdrawal is provided for if the rules of which Legislative Decree no. 206/2005 Consumer Code were not to be applicable, as the Buyer does not have the quality of consumer.
8. Commercial warranty
G.M.C. Racing does not provide any commercial warranty for goods offered for sale on its website.
If a order refers to goods no longer available in stock, G.M.C. Racing will inform the Buyer via e-mail if the goods are no longer bookable or what is the waiting time to get the goods chosen, asking whether to confirm the order or not.
The Buyer undertakes to pay the price of the goods purchased contextually to the order.
The above obligation, as well as the guarantee of the successfull completion of the payment that the Buyer makes, are essential, due to the expressed agreement, their failure will result in the terminaton of the contract pursuant art. 1456 c.c.
Therefore, G.M.C. Racing will not take into account the orders that come in the absence of payment of the full amount due.
The method of payment is clearly indicated in the purchase process before the order is placed by the Buyer.
11. VAT Exemptions and exports
The export of goods to countries outside the EEC is governed by the current regulation. In case the customer wants to take advantage of the exemption of VAT payment, he will have to provide us a copy of the declaration of intents before the delivery of the goods.
Citizens or companies outside the EEC who wish to purchase our goods are requested to pay in advance by bank transfer or credit card. We reserve the right to retain a deposit equal to 20% of the value of the goods until the receipt of the documents of exportation.
12. Personal data
The customer is required to communicate his personal data in a truthful manner. G.M.C. Racing will consider correct the data provided for the shipment and billing of goods.
The Buyer is required to verify the accuracy of the personal data provided.
The personal data can be modified at any time by accessing the G.M.C. Racing website through the appropriate section.
G.M.C. Racing cannot be held responsible towards the Buyer in the event of inconveniences resulting from the use of incorrect data provided by the customer.
13. Methods of storage of the contract
Under Article 12 of Legislative Decree no. 70/2003, the Supplier informs the Buyer that every order sent is stored in digital/paper form on the server/at the headquarters of the Supplier according to the criteriaof confidentiality and security.
Once the on-line procedure is done, the Buyer agrees to provide for the printing and storage of these general conditions of sale.
G.M.C. Racing cannot be held responsible towards the Buyer in case of disservices or malfunctions related to the use of the Internet outside of its control.
Connections to the G.M.C. Racing website are not conducted through a secure connection, except for credit card transactions, which are handled directly on the secure server by Satefi (Banca Intesa Group).
G.M.C. Racing assumes no responsibility for any fraudolent or illegal use of credit cards and other payment methods that may be made by third parties upon payment for goods purchased or data provided for the submission of the order.
14. Protection of confidentiality and processing of personal data
G.M.C. Racing protects the privacy of its customers and ensures that the processing of data complies with the provisions of the legislation on privacy referred to in Legislative Decree no. 30 June 2003, n. 196.
Personal data and tax acquired directly and/or through third parties by the Seller, the owner of the treatment, are collected and processed in hard copy, computer, telematics, in relation to the mode of treatment, with the aim of recording the order and activate against it the procedures for the execution of this contract and the necessary communications, in addition to any legal obligations, and to enable effective management of business relationships to the extent necessary to best perform the service requested (art. 24, paragraph 1, letter b), Legislative Decree no. 196/2003).
The Seller undertakes to treat the data and information transmitted by the Buyer with confidentiality and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be produced at the request of judicial authorities or other authorities authorized by law.
Personal data will be communicated, subject to the signing of a committment to confidentiality of the data itself, only to persons delegated to carry out the activities necessary for the execution of the contract and communicated exclusively for this purpose.
The Buyer enjoys the rights under Art. 7 of Legislative Decree no. 196/2003, namely the right to obtain:
a) the updating, rectification or, when interested, integration of data;
b) the cancellation, tranformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. The interested party also has the right to oppose, in whole or in part, for legitimate reasons, the processing of personal data concerning him, even if pertinent to the purpose of sending adverting materials or direct selling or for carrying out market research or commercial communication.
The communication of personal data by the purchaser is a necessary condition for the correct and timely execution of this contract. Failure to do so will result in the Buyer's request being denied.
In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will take place in any case in a safe way.
Owner of the collection and processing of personal data is:
ANZELINI F.LLI S.N.C. DI ANZELINI GIULIANO & MARCO with headquarters in Via B. Clesio 37 - Fondo (TN) - 38013, registered at TN 193210, VAT number and Tax payer's code n. 01996850226, e-mail email@example.com, tel. and fax +39 0463 839518,
to which the Buyer can address any request at the company's headquarters.
Anything that may reach the e-mail address (also electronic) of the Seller (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not damaging the rights of others and true, in any case can not be attributed to the Supplier any responsibility for the content of the messages themselves.
15. Acceptance of the rules
The confirmation of an order or a request for quote to G.M.C. Racing, written, telephone or verbal that is made by any means, implicitly indicates acceptance of all these general conditions of sale.
All trademarks handled by G.M.C. Racing are the exclusive property of their respective owners.
All contents, pages, texts and images are the exclusive property of ANZELINI F.LLI DI ANZELINI GIULIANO E MARCO S.N.C.
Given the specfic nature of the goods handled, the countries of origin are not identifiable unless clearly indicated on the material themselves. G.M.C. Racing does not assume responsibility for indications given by third parties.
For any legal controversy, please contact: STUDIO LEGALE AVVOCATO LORENZO WIDMANN, VIA E. BERGAMO 9, 38023 CLES(TN) – Tel. 0463-422516.
17. Applicable law and referral
This contract is regulated by the italian law.
Any controversy relating to the application, execution, interpretation and violation of contracts entered into purchase concluded "on-line" through the G.M.C. Racing website is subject to the Italian law.
In the case of a NON-consumer Buyer is agreed that any controversy, even in derogation or the rules relating to the territorial jurisdiction, will be the exclusive jurisdiction of the court in which it has registered office G.M.C. Racing.