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Sales conditions for privates

Validity and revision date: 15-12-2020 rev.1

SDF STORE General Terms and Conditions of Sale (B2C)

 

1. Subject

These General Terms and Conditions of Sale (later on “GTCS B2C”) apply to all sales of spare parts (hereinafter “Spare Parts”) supplied by Same Deutz-Fahr Italy S.p.A. (hereinafter “SDFI” or “Seller”), with legal head office in Treviglio, Viale Francesco Cassani no. 15, fiscal code, VAT and Bergamo Company Registration No. 00778780163 - Economic and Administrative Index number 171846, authorized capital of Euro 18,000,000.00, that occur through the e-commerce website www.sdfstore.it (hereinafter SDF Store”) between the Seller and individuals qualified as “consumers”. Pursuant to article 3, paragraph 1, letter Ain accordance with Italian Legislative Decree n 206/2006 (Consumer Code), Consumer means any natural person who acts for purposes other than the entrepreneurial, business, handicrafts or professional activity performed (hereinafter Consumer/s”). In  view of the foregoing, the Consumer is aware of being able to purchase spare parts through SDF store and, pursuant to these GTCS B2C, exclusively for purposes other than the entrepreneurial, business, handicrafts or professional activity performed. In this case, the Consumer will have to sign up as Private Buyer (Private). It is expressly forbidden for the Consumer to trade Spare Parts through SDF Store, neither for entrepreneurial, business, handicrafts or professional purposes, nor for resale purposes.

In the event that the Professional, as it is defined in article 3, paragraph 1, letter c) of the Consumer Code, proceeds with the purchase of Spare Parts on SDF Store, he will have to sign up as Business Buyer (Business) in the appropriate section of SDF Store.

Seller and Consumer are hereinafter individually referred to as one “Party” and collectively referred to as the “Parties”.

 

2. Purpose of purchase and conditions of registration on SDF Store

The present GTCS B2C apply to all sales of spare parts between SDFI and Consumers on SDF Store and they are therefore subject to the registration on SDF Store by the Consumer in conformity with the following registration procedure:

(i) by registering on SDF Store, the Consumer(s) is required to access as “Private” and he has to declare and guarantee that his intention is to subscribe contracts for the purchase of spare parts exclusively for purposes other than the entrepreneurial, business, handicrafts or professional activity performed and not to have the intention of reselling the Spare Parts;

(ii) without prejudice to the previous provision, the Consumer accepts that the purchase proposal store has a limit of 10 (ten) units per each Spare Part available on SDF Store. This limit of 10 (ten) units refers to each purchase proposal or to all the proposals submitted within the same week by the Consumer;

(iii) the Consumer is aware that, in order to make purchases through SDF Store, the Consumer must be at least 18 years old and have the capacity to act. The Consumer declares to have these requisites;

(iv) following the registration request and successful checks on his nature of physical person that qualifies him as “Consumer” and of his legal age, the Consumer will receive the registration confirmation e-mail from SDF Store and SDFI will authorize him to create his own account on SDF Store (“Account”) and to access to SDF Store by logging into (“Log-in”);

(v) once the registration is completed, if the use of SDF Store is incompatible with the premises mentioned in the previous points, the Consumer accepts that the registration to SDF Store can be revoked anytime through a written communication, and in any case SDFI will have the authority to object the lack of the conditions of the previous points. This means that SDFI has the authority to object the breach of the statements, guarantees and commitments connected to the purchase purposes made through SDF Store by the Consumer and, in any case, to reject the execution of the purchase agreement except the exercise of any further remedy against the Consumer.

 

3. Procedure for concluding sale contracts of Spare Parts through SDF Store

3.1.      The publication of Spare Parts and their related purchase conditions on SDF Store is a mere invitation addressed to the Buyer, who is regularly registered on SDF Store, to formulate a contractual purchase proposal of Spare Parts through SDF Store and not an offer to the public.

3.2.      The purchase order sent by the Consumer to SDFI through SDF Store, provided in detail in the following point 4.5,  is governed by these GTCS B2B that the Consumer has read properly and has expressly approved on SDF Store both in its entirety and with specific reference to the relevant clauses pursuant to article 1341 and 1342 c.c. in order to complete the submission procedure of the purchase proposal of Spare Parts;

3.3.      SDFI reserves the right to modify these GTCS B2Cat any time, at its sole discretion. The GTCS B2C published on SDF Store in in [Terms and Conditions, return and withdrawal] page, attest and govern the purchase agreement of Spare Parts, and they must be accepted by the Consumer through SDF Store at the time of the submission of the purchase proposal;

3.4.      Notwithstanding the faculty of SDFI to modify any other condition of the purchase agreement of Spare Parts on SDF Store, in particular where prices and payments conditions are included as they depend on catalogs which are approved each time by SDFI,  prices and payments conditions and other special conditions published on SDF Store and that differ from the ones on the GTCS B2C should be taken as authentic when the purchase proposal made by the Private Buyer is confirmed by SDFI. In case of changes of one or more conditions of the purchase agreement of spare parts after the submission of the purchase proposal by the Private Buyer, SDFI will communicate the change to the Private Buyer, who will have the possibility to withdraw from the purchase agreement of spare parts within 14 (fourteen) days from the communication date of the change, without any obligation or charge at his expense;

3.5.      The purchase agreement of Spare Parts concluded between the Consumer and SDFI is subordinated to the interpretation and implementation of the Italian law. In any case, it is excluded the implementation of the provisions of the United Nations Convention on Contracts for the International Sale of Goods - the Vienna Convention 04/11/1980;

3.6.      In accordance with Italian Legislative Decree April 9th 2003, no. 70, SDFI informs the Consumer that:

i) SDFI confirms the purchase proposal of Spare Parts of the Consumer immediately by sending a confirmation of receipt by e-mail at the address stated by him during the registration on SDF Store or at the different one set at a later time by the Consumer on his own profile in conformity with the procedures indicated by SDF Store. The confirmation e-mail is considered received by the Consumer at the moment it is sent by SDFI in accordance with the foregoing. The confirmation e-mail includes a summary of all the conditions of the contract, illustrations, price, payment conditions, the time period during which the Consumer has the right to withdraw from the contract, shipping costs and possible taxes, as well as the GTCS B2C accepted by the Consumer;

ii) Before checking out, the Consumer has the possibility to check his billing and shipping information. Any input errors or change requests may be corrected by following the instructions on the website;

iii) the purchase proposal and its acceptance will be stored electronically in SDFI IT systems and the Consumer may ask for a copy through specific request to SDF Store [Support-Profile] page;

3.7.      Any communication relative to the purchase agreement of Spare Parts that follows the acceptance of the purchase proposal must be made by Parties. With regard to communications addressed to SDFI, the Consumer shall refer to the SDFI addresses indicated on SDF Store on [Contacts] page; with regard to communications addressed to the Consumer, SDFI shall refer to the e-mail address entered by the Consumer when registering at SDF Store or to the different one entered by the Consumer in his profile in accordance with the procedures indicated by the SDF Store.

 

4. Spare Parts selection criteria; Spare Parts features

4.1.      The Spare Parts for sale on SDF Store are identified through SDF catalogues codes in effect at the time of the access to SDF Store by the Consumer. In relation to identifying codes, all Spare Parts pictures shown on SDF Store pages are for illustration purpose only and the actual product may vary.

4.2.      The Spare Parts for sale on SDF Store can only be shipped in Italy; Spare Parts won’t be delivered neither beyond Italian borders, nor to the Republic of San Marino, Livigno, the State of Vatican City or  Campione d’Italia.

4.3.      The consumer himself identifies the Spare Parts to include in the purchase proposal through SDF Store, only after having been authorized to register on SDF Store and having created an account and having logged in SDF Store. Once the selection of the products is completed, the customer can place products in the "shopping cart". Once the customer has placed the products in the "shopping cart", he will have to provide the shipping address for Spare Parts delivery by referring to the one already provided at the time of registration, or by providing a different shipping address and a telephone number where the Consumer can be contacted for any communications regarding the purchase made. The Consumer will also have to select a shipping and a payment method among the available options proposed by SDF Store. Also, the Consumer will have to enter the necessary data to make the payment with the selected method by using a  secure connection which is already provided by SDF Store. If the Consumer chooses to pay by Credit Card, he accepts that the identification data of the credit card are sent to the operator, who SDFI has put in charge of collecting payments, using a protected mode and encrypted transfer and without being accessible to SDFI, as only the operator in charge has the ability to access them.

4.4.      In the order overview, the customer can check his data again. Any input errors or change requests may be corrected before placing the order.

4.5.      Before final placement, the Consumerwill have to expressly approve the GTCS B2C by placing a checkmark both in the checkbox related to the GTCS B2C in its entirety, and in the checkbox related to clauses which need to be specifically approved pursuant to articles 1341 and 1342 c.c.. Only after having completed all these steps, the Consumer will be able to click on the "Submit Proposal" button and to submit the purchase proposal of Spare Parts. The provisions in paragraph 3.2 shall apply accordingly.

4.6.      The proposal acceptance is made by SDFIby sending a confirmation of receipt by e-mail, which also includes all the general terms and conditions of the purchase agreement of Spare Parts and the link to GTCS B2C. As anticipated in point 3.4, prices and payment conditions and other special conditions, that differ from the GTCS B2C but considered relevant for the conclusion of the contract, are the ones published on SDF Store pages at the time of the confirmation of the purchase agreement of Spare Parts by SDFI. In any case, prices already include standard packaging costs and VAT (where applicable). Shipping costs are not included in the price and they shall be paid in addition to the cost of the product by the Consumer as specifically stated on SDF Store and in the acceptance e-mail. The Consumer is still responsible for any additional cost, burden, tax and/or charges connected to the Spare Parts sold through SDF Store. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or imposed amounts won’t constitute plea for annulment or resolution of the purchase agreement of Spare Parts. Furthermore, all costs in which the Consumer incurred for Internet connection to SDF store in relation to fees charged by the operator, shall be borne by the Consumer.

 

5. Payments – Invoicing – Spare Parts Delivery

5.1.      The Consumer will be charged for Spare Parts purchase contextually to the acceptance of the purchase proposal by SDFI. The Consumer expressly accepts that the contract execution starts as soon as the Spare Parts price is credited to SDFI’s account in conformity with the payment method selected by the Consumer, among those available and indicated on SDF Store in payment options page of the website.

5.2.      Sales invoices are issued at the end of the month

5.3.      The delivery terms of Spare Parts published on SDF Store are merely indicative and indicative and non-binding. Nevertheless, SDFI undertakes to do as much as it can in order to comply with the delivery times indicated on SDF Store and, in each case, to effect delivery within a maximum of 30 (thirty) days from the day following that into which the Consumer has sent the order.In the event that SDFI fails to execute the order, due to the unavailability of the Product, the Seller will also provide written notice to the Consumer and, if not interested in waiting for the availability of the product, the Seller will reimburse any sums already paid by the Consumer for payment of the Spare Part. The Consumer has no opportunity to ask for any further reimbursement.

5.4.      The shipment of the Spare Parts ordered by the Consumer will be in the mode selected by the Consumer, among those available and indicated on SDF Store, and it will be realized by the courier indicated on SDF Store.

5.5.      The Consumer undertakes to check without delay that the delivery is correct and includes all and only the products purchased and to promptly inform SDFI of any defect of the Spare Parts received or of their disparity with respect to the order made, in accordance with the procedure referred to in art. 6 of these GTCS B2C. Otherwise, the Spare Parts delivered will be considered definitively accepted by the Consumer.

 

6.Seller's legal guarantee of conformity, reporting of lack of conformity, and warranty

6.1.      According to and for the purposes of the Italian Legislative Decree no. 130 (Consumer Code) SDFI warrants to the Consumer the compliance of the Spare Partsfor a period of 24 (twenty-four) monthsfrom the date of delivery of the Products to the Consumer (hereinafter “Warranty”).It is not possible to apply any warranty in case of use of the Spare Parts that is not in conformity with the Product's own and the instructions and warnings provided by SDFI, or included in the reference documentation, or in the technical documentation, or in the labeling.

6.2.      The Consumer will have the burden of examining the Spare Parts as soon as possible and, by virtue of the termination of this warranty, to report any defects and non-conformities within and not more than 24 (twenty-four) months from the discovery, by sending an e-mail to SDFI  at the addresses indicated on SDF Store in [Support-Profile] page with indication of the defect and/or non-conformance found, as well as the relative documentation indicated on the same return form (at least 1 (one) photograph of the Spare Part, confirmation of order sent by SDFI and/or the fiscal receipt).

6.3.      Upon receipt of the relevant documentation, as indicated in point 6.2, SDFI will give the Consumer a feedback by sending him an e-mail reply to the address provided by the Consumer at the time of registration on SDF Store, or to the different e-mail address set at a later time by the Consumer on his own profile in conformity with the procedures indicated by SDF Store. Authorization to return the Spare Parts shall in no way constitute a defect or non-recognition conformance, the existence of which must be established after the return of the Spare Parts. Spare Parts for which the Seller has authorized the refund must be returned by the Consumer, together with a copy of the return authorization notice, within 30 (thirty) days of the complaint of default or non-compliance by following the procedure indicated in the following point 7.2.

 

7. Right of withdrawal and return procedure

7.1.      The Consumer shall be entitled to withdraw from any purchase agreement of Spare Parts, without any penalty, within 14 (fourteen) days from when Spare Parts were delivered and for any reason even if not motivated.

7.2.      In order to exercise the right of withdrawal and return the Spare Parts, the Consumer shall access the [Returns] page directly from his own account on SDF Store, select the Spare Parts he intends to return, fill in the form with the requested information and select the return motivation among those indicated on SDF Store. The Consumer will receive a confirmation e-mail confirming the withdrawal and containing all the information to request the collection of the Spare Parts through the courier directly on the courier website. The Consumer will have to print the shipping label that will be available in the reserved area by logging into. The shipping label must be applied on the outside of the package to be handed to the courier. SDFI will carry out the quality checks of the Spare Parts and, if accepted, the refund will be made by the same means of payment used by the Consumer at the time of purchase of the Spare Parts not later than 14 days after the withdrawal.

 

8. Responsibility for damage from defective products

8.1.      With regard to any damage caused by defects in the Spare Parts, the provisions of European Directive 85/374 / EEC and Consumer Code are applied.

 

9. Intellectual property rights

9.1.      The Consumer declares to be aware that all trademarks, names, as well as any distinctive sign, naming, image, photograph, written or graphic text used on SDF Store or related to the Spare Parts are and remain the exclusive property of the Seller and/or of its attorneys, without the right of access to the SDF Store and/or the purchase of the Spare Parts to the Consumer.

 

10. Consumer information and protection of privacy

10.1.    In order to be able to proceed with the registration on SDF Store, some information about the Consumer is required through SDF Store to forward the purchase proposal and therefore to the conclusion of this contract. The Consumer acknowledges that the personal data provided will be processed by SDFI (as the holder of the processing), in accordance with and in compliance with the Italian law Legislative Decree no. 196/2003 – and subsequent amendments and additions – and the European Regulation 2016/679, as well as any other applicable law in terms of processing personal data (jointly, Privacy Code) to execute each purchase of Spare Parts made through SDF Store and, with his consent, for marketing and/or profiling purposes and for any additional activities as indicated in the relevant privacy notice provided to the Consumer through SDF Store at the time of registration.

10.2.    The Consumer declares and warrants that the personal data provided to SDFI during the registration and purchase process on SDF Store are correct and true.

10.3.    The Consumer may at any time update and/or modify his personal data provided to the Seller through the relevant section [details-customer] on SDF Store accessible after authentication.

10.4.    For any further information on the processing of personal data, the Consumer will have to access the [details-customer] page on SDF Store.

 

11. Security of personal data

11.1.    SDFI takes measures to protect personal data against any loss, falsification, manipulation, and misuse by third parties.

11.2.    With reference to credit card payments, SDFI uses operators services that adopt technological systems in  order to ensure a maximum levels of reliability, security, protection and privacy during the communication of information throughout the web.

 

12. Security of Spare Parts

12.1.    SDFI ensures compliance with all policies on product safety in accordance with National and European standards and, in particular, in accordance with Italian Legislative Decree No. 206/2005 (Consumer Code) and No. 17/2010. Moreover, SDF declares to have implemented all the fulfillments of the Producer (as defined in art. 103, point 1, letter d) of the Italian Legislative Decree No. 206/2005) and of the Manufacturer (as defined in art. 2, point 2, letter i) of the Italian Legislative Decree No. 17/2010).

12.2.    All the relevant information about risk evaluation and prevention connected to the normal use of Spare Parts, is indicated on use and maintenance manuals, operator and repair manuals, which are also available on RMI.sdfgroup.com. The Consumer shall consult these manuals, which can also be downloaded and used in relation to the purchase of Spare Parts. The manuals available on RMI.SDFGROUP.COM also show assembly and installation operations of Spare Parts, the commissioning of products, warnings and instructions for use, and all instructions that ensure safe Spare Parts operations. All the available information about the Spare Part is trackable in the section where the Spare Part itself belongs to.

 

13.Applicable law, conciliation attempts and competent court

13.1.    Any purchase contract of Spare Parts concluded between SDFI and the Consumer under these general conditions of sale shall be governed and interpreted in accordance with Italian law and Consumer Code with specific reference to distance contracts and in accordance with Italian Legislative Decree 9 April 2003, no. 70. In any case, the rights that may be attributed to Consumers will be waived by legally binding provisions in the law of their State.

13.2.    In the event of disputes between the Parties, the Consumer has the right to access the European Online Dispute Resolution platform (the “European ODR platform”) in order to solve disputes and reach a settlement. The European ODR platform is developed and managed by the European Commission, in accordance with Directive 2013/11/EU and Regulation (EU) no. 524/2013, facilitating the independent, impartial, transparent, effective, fast and fair out-of-court resolution of disputes between a Consumer resident in the Union and a Seller established in the Union through the intervention of an ADR entity listed. For any further information about the European ODR platform or to initiate a dispute resolution procedure of this contract with the parties through the ODR platform, please access the following link: https://ec.europa.eu/odr. The e-mail address of the Seller to specify in the platform is the following: store@sdfcompass.com.

13.3.    Any dispute arising between the Seller and the Consumer will be settled, pursuant to article 66-bis of the Consumer Code, by the Court of the Italian place of residence or domicile of the Customer.

 

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Consumer declares to have read, understood and entirely accepted the following clauses: art. 1; art. 2 (i) (ii) (iv); art. 3.3.; art. 3.4; 4.6; 5.3; 5.5; 12; 13.