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General Sales Conditions

 

1. Overview
Vitalber s.a.s. di Marco Nicola Vitale & Co.  (hereafter referred to as “the Supplier”) operates the website/shop on-line www.unaruota.com (hereafter referred to as "the Website"). Throughout the Website the Supplier promotes, offers and sells products and services (hereafter referred to as "the Product") subject to the General Sales Conditions (hereafter referred to as "the GSC") described below. By visiting the Website and buying through it, the purchaser (hereafter referred to as "the Customer") agrees to be bound by the GSC  of the Supplier, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

 
2. Applicability and validity
The GSC shall be applied to all purchasing contracts between the Customer and the Supplier. The GSC shall be applied to all orders except if something different has been agreed in writing between the Parties in advance.
 

3. The Offer
All offers done by the Supplier are valid until the Product is available. All offers can be modified by the Supplier at any time and without notice. The offer becomes binding with the written order confirmation, that the Supplier shall send to the Customer per email. The order confirmation, once delivered, becomes part of the purchasing contract.

 
4. The Purchasing Contract

Subject of the purchasing contract is the purchase of the Product offered and sold by the Supplier. The purchasing contract is confirmed and can be executed as soon as the Customer, after having ordered the Product through the website: (a) has received the Supplier's order confirmation per email; (b) has paid the entire amount agreed (except in case of "contrassegno", which is a payment condition limited only to Italy). Each order confirmation has its own referring number. The order confirmation shall state all data concerning the purchasing contract, such as: description of the Product, quantity, price, delivery address, invoice address, payment condition. In case of force majeure or non- availability of the Product, the Supplier has the right to cancel the purchasing contract and to pay back the amount received.

 
5. Right of Property
The Product purchased by the Customer respectively sold by the Supplier shall remain the property of the Supplier until the entire amount agreed between the Parties has been paid by the Customer. The Ownership of the Product purchased is transferred to the Customer upon delivery of the Product to the shipping agent for transportation.
 
6. Prices, payment conditions, delivery costs, shipment and lead time
All prices are in EUR and in the currencies available in the Website. The prices are EXW (free departure) and include VAT. Orders for Countries outside the EEC do not include VAT and the import duties will be the responsibility of the purchaser. The Payment Conditions are described under "Payment options" in the Menù "Customer Service". The delivery costs are described under "Shipping costs" in the Menù "Customer Service". The delivery options and lead time are described under "Shipping and delivery terms" in the Menù "Customer Service".
 
7. Warranty
The warranty period is in accordance with the provisions of law. If the Purchaser is a legal entity the warranty period is 1 year.  The warranty is granted to the original Purchaser only, and cannot be transferred to third parties. The Supplier guarantees the Product (in the shape originally sold to the Customer) to be free from defects in materials and workmanship. The Supplier replaces the Product at no additional cost if the Product bends, cracks or breaks under normal riding conditions. "Normal riding conditions". Modifications of the Product, carried out by third parties, will void the warranty. The warranty does not include damages to the Product that are caused by external forces and theft. The Customer is asked to read carefully the Installation Advice, written by the Supplier, which are available in the Supplier's website. Maintenance and Installation Manuals delivered by third parties or downloaded from other websites are not valid. On receipt of the Product the Customer must check: (a) that the number of items received corresponds to the number of items stated in the shipping document; (b) that the packaging is intact and not altered, even in the closing tape. In case of tampering and/or breaks the Customer shall give notice of the event occurred by putting in the shipping document the following remark "riserva di controllo merce". Furthermore, the Customer shall verify that the number of items received corresponds to the one ordered and that the Product has no visible defect. If items are missing and/or defects are present, the Customer shall give immediate written notice to the Supplier (with photos that highlight the problem), however not later than 7 (seven) days from receipt of the Product. The Supplier shall evaluate how to proceed and shall decide to replace the product or to repair it. This will be done free of charge for the Customer. In the event, that the Product has been purchased from a distributor of the Supplier, in a country other than the one of the customer, and the Customer wants to use the warranty, the Product must be returned to the distributor where the product has been purchased. The distributors of the Supplier are not responsible for Products not purchased from them.
 
8. Liability
The supplier is liable without limitations in all cases of willful misconduct or gross negligence, due to fraudulent concealment of a defect, and in all other cases established by law.
 
9. Delivery / Shipping
The delivery methods and lead time are described under "Shipping and Delivery Terms" in the Menù "Customer Service".
 
10. Data protection and cookies

The Supplier keeps in its database the information the Customer has provided at the time he registered into the Website and during the formalization of the Purchasing Contract. The Supplier provides the Customer the opportunity to subscribe to the Mailing List. This is an option that the Customer can choose when registering or when ordering. The Supplier will not transmit in any way the data provided by the Customer to third parties. Customer may, at any time, check his/her own data, modify them and unsubscribe to the Mailing List. All information concerning the Cookies is described under "Cookies policy" in the Menu '"Information".

 
11.1 Return free of charge / withdrawal from the Purchasing Contract
In accordance with art. 52, par. 1, (F) and (g) of the Italian Consumer Code, the Customer is entitled to withdraw from the Purchasing Contract within 14 days from receipt of the Product. To exercise this right, the Customer shall: a) announce in advance to the Supplier by email this decision; b) have received via email from the Supplier the RMA (Returns Material Authorisation). The RMA number must be indicated in all documents (delivery note, etc.) and in all correspondence between the Parties relating to the return. In the event, that the Customer decides to exercise the right of withdrawal, the Product must be returned: a) properly packed in its original packaging, in perfect condition for resale (not damaged or soiled) and equipped with all accessories, Instructions Advice and documentation received; b) accompanied by the Withdrawal Form duly filled in by the Customer stating the RMA number; c) without visible signs of use, except those compatible with the normal vision of the article. If the Return of the Product is not carried out in compliance with the procedure described above, the withdrawal is not accepted.

11.2 Effects of the Withdrawal
If  the Customer withdraws from the Purchasing Contract and asks for a Voucher for the amount paid for the Product returned (= value of the Product incl. shipping costs paid), the Supplier shall send him a Voucher for said amount. If the Customer withdraws from the Purchasing Contract without asking for a Voucher, the Supplier shall refund the amount paid for the Product returned (= value of the Product incl. shipping costs paid). The shipping costs for the return of the Product to the Supplier are at the customer's expenses. The Voucher has a validity of 6 months from the date of issue. It can be used for a purchase of equal value, or can be split on different purchases made at different times, but still within the validity period of the Voucher. The refund carried out by the Supplier for the returned Product, shall not include any additional costs incurred in sending the Product the first time to the Customer, resulting from the Customer's request of a type of delivery other than the least expensive standard ones offered by the Supplier. The Refund will be made using the same means of payment used by the Customer for the initial transaction unless otherwise agreed between the Parties in advance. The Customer shall not pay any additional fee resulting from this reimbursement. The Supplier can suspend the reimbursement until receipt of the returned Product. The return of the Product cannot be made applying the condition "cash on delivery".

11.3 Withdrawal Form

Addressee: Vitalber s.a.s. di Marco Nicola Vitale s.a.s. & Co., Via Lazzaretto 21, 21025 Comerio (VA)-Italy, E-mail: marco@unaruota.com.
Herewith the undersigned, (1) notifies the withdrawal from the Purchasing Contract of the following product/s:

- Product (1)

- purchased on (1)

- invoice nr. (1) dated (1)

- received on (1)

- purchased by (Name and Surname of the Customer) (1)

- living in (1)

- place and date of the request of withdrawal (1)
(1) data to be entered.
 
11.4 Exceptions to the right of Withdrawal
The right of withdrawal is excluded in the cases described in Section 11.1, 11.2 and relating to tailor-made products.
 
12. Miscellaneous

In the event that any provision of the GSC is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the GSC, such determination shall not affect the validity and enforceability of any other remaining provisions. In case of doubts in the interpretation of the GSC, the Italian version shall prevail.

 

13. Applied law and Jurisdiction
For any dispute, the jurisdiction is Varese, Italy. The Italian law will be applied.


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