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General terms of sale

GENERAL INFORMATIONS

The present General Conditions of Sale have for object the purchase of Umbra Rimorchi srl’s products, carried out to distance through telematic net on the site umbrarimorchi.it pertaining to Umbra Rimorchi srl, based in Rome, Via Francesco Gentile, 135 - 00173. Each purchase transaction will be regulated by the provisions of DLgs. 185/99, DLgs. 206/05; the information directed to the conclusion of the contract will be submitted to art. 12 of DLgs. 70/03 and, as regards the protection of confidentiality, will be subject to the legislation referred to in DLgs. 196/03.

CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

The sales contracts of the products on umbrarimorchi.it website are considered to be concluded at the time when the purchase order is received by the Customer at Umbra Rimorchi srl and the latter accepts it. Umbra Rimorchi srl will promptly send the customer their receipt of the purchase order. The Customer, by sending his purchase order online, declares that he has read and accepted these general terms and conditions and undertakes to observe and respect them in his relations with Umbra Rimorchi srl.

PROCESSING OF PERSONAL DATA

Umbra Rimorchi srl pursuant to art. 13 of DLgs 196/2003 informs that personal and tax data acquired also verbally in reference to the business relationships established, provided directly by the data subjects, or otherwise acquired within the company’s business, may be processed in compliance with the aforementioned legislation, including the obligations of confidentiality provided for by these. In relation to the above, the rights referred to in article 7 DLgs 196/2003 may be exercised.

OBLIGATIONS OF THE CUSTOMER

The Customer is obliged, before submitting his purchase order, to carefully read these General Conditions of Sale. The submission of the purchase order implies their full knowledge and acceptance. Finally, the Customer is obliged, once the online purchase procedure has been completed, to print and keep these general conditions of sale, already viewed and accepted during the conclusion of the contract.

DEFINITION OF THE ORDER

By sending the order online, the Customer transmits to Umbra Rimorchi srl a proposal to purchase the product and/or products in the cart. When the Customer places an online order for the products he has placed in the cart, he agrees to purchase them at the price and terms indicated in these general Conditions of Sale. Umbra Rimorchi srl will notify the Customer of the acceptance and confirmation of the order.

METHOD OF PURCHASE

The Customer buys the product, the characteristics of which are illustrated online in the relative descriptive and technical sheets, at the price indicated therein, to which are added the delivery costs specified on the site. Before submitting the purchase order, the unit cost of each chosen product, the total cost in case of purchase of several products and the related delivery costs are summarized. Once the purchase order has been placed, the Customer will receive from Umbra Rimorchi srl an email confirming receipt of the purchase order containing information on the main characteristics of the purchased goods, a detailed indication of the price, delivery costs, applicable taxes and means of payment and a reference to the general terms and conditions and information on the existence of the right of withdrawal, the terms and conditions of its exercise displayed on the site. Following the approval of the no. 223 "bis" Art. 37 Law Decree of 4 July 2006 paragraphs 8 and 9, converted by Law 248 of 4 August 2006, entered into force on 12 August 2006, which reinstates the obligation to communicate the list of customers and suppliers in case of invoice issuance, and of Decree Law 78 of 31 May 2010 converted into Law 122 of 30 July 2010, requires customers to communicate VAT NUMBER and TAX CODE in the appropriate fields on the site.

PAYMENT

The Customer can make the due payment by choosing one of the following methods listed. Payment by PayPal or credit card: if the Customer intends to make the payment by credit card, he can use the PayPal payment procedure, suitable to ensure the confidentiality of the data provided by customers. For further information and Legal Agreements, please refer to www.paypal.com. Payment by bank transfer, using the following details: - IBAN IT39A0103003001000000243931 - Header: Umbra Rimorchi srl. In case the payment is made by bank transfer, the purchased goods will be shipped in the manner indicated in the next paragraph "Delivery of Products", to the address indicated by the Customer upon receipt of the credit, then on average within two/five days after the transfer (the timing varies depending on the credit institution used). Cash on delivery: the cost of the service is equal to 4% of the total amount, only cash within the limits provided by current regulations are accepted.

DELIVERY OF THE PRODUCTS

The purchased goods, together with the relevant invoice, are delivered by courier to the address specified by the Customer at the time of the online order. Any specific requirements must be addressed by the Customer to Umbra Rimorchi srl. In the event of non-delivery due to the absence of the recipient, the courier will leave a notice and will try again; if the recipient is still absent, the goods will be returned to the sender (Umbra Rimorchi srl).

CONFORMITY ASSURANCE AND DEFECTIVE PRODUCTS

Umbra Rimorchi srl responds for any lack of conformity that occurs within the period of two years from the delivery of the goods. For the purposes of this contract, Customer goods shall be presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use to which they habitually serve goods of the same type; b) they conform to the description given by the Supplier and possess the qualities of the goods which the Supplier has presented to the Customer as a sample or model; c) they show the usual quality and performance of goods of the same type, that the Customer can reasonably expect, taking into account the nature of the goods and if appropriate the public statements on the specific characteristics of the goods made in this regard by the Supplier, producer or his agent or representative, in particular in advertising or labeling; d) are also suitable for the particular use intended by the Customer and which was brought to the knowledge of the Supplier by the Customer at the time of conclusion of the contract and which the Supplier also accepted for conclusive facts. The Customer shall forfeit all rights if he does not report the lack of conformity to the Supplier within two months of the date on which the defect was discovered. The complaint is not necessary if the Supplier has recognized the existence of the defect or has hidden it. In any event, unless there is evidence to the contrary, it shall be presumed that any lack of conformity which occurs within six months of delivery of the goods already existed on that date, unless that hypothesis is incompatible with the nature of the goods or the nature of the lack of conformity. In the event of a lack of conformity, the Customer may request, alternatively and free of charge under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is for Umbra Rimorchi srl excessively expensive pursuant to art. 130, paragraph 4, of the Consumer Code. The request must be sent in writing, by registered mail with return receipt or by certified e-mail to Umbra Rimorchi srl, which will indicate its availability to process the request, or the reasons preventing it from doing so within seven working days of receipt. In the same communication, where Umbra Rimorchi srl has accepted the Customer’s request, must indicate the methods of shipment or return of the goods and the deadline for returning or replacing the defective goods. If the repair and replacement are impossible or excessively expensive, or Umbra Rimorchi srl has not provided for the repair or replacement of the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused considerable inconvenience to the Customer, who may, at his choice, request an appropriate reduction in price or the termination of the contract. In this case, the Customer must send his request Umbra Rimorchi srl, which will indicate his willingness to give course to the same, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where Umbra Rimorchi srl has accepted the Customer’s request, must indicate the reduction of the price proposed or the methods of returning the defective goods. In such cases it will be the Customer’s responsibility to indicate the methods for the re-crediting of the sums previously paid to Umbra Rimorchi srl.

RIGHT OF WITHDRAWAL

The Customer has in any case the right to withdraw from the contract, without any penalty and without specifying the reason, within the period of 14 (fourteen) working days, starting from the day of receipt of the goods purchased. In the event that the professional has not satisfied the obligations of information on the existence, methods and timing of return or withdrawal of the goods in case of exercise of the right of withdrawal pursuant to art. 52 of the Consumer Code, the period for exercising the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the Customer. If the Customer decides to exercise the right of withdrawal, he must notify the Supplier by registered letter with receipt of return to the address: Umbra Rimorchi srl, Via Francesco Gentile, 135, 00173 - Rome. Or by e-mail to the email umbrarimorchi@pec.it, provided that such communications are confirmed by sending registered mail with return receipt to the address Umbra Rimorchi srl, Via Francesco Gentile, 135, 00173 - Rome, within 48 (forty eight) or by certified e-mail to the email address umbrarimorchi@pec.it. For the purposes of exercising the right of withdrawal, the sending of the communication may be validly replaced by the return of the purchased goods, provided that in the same terms. The delivery date to the post office or forwarding agent shall attest it between the parties. The return of the goods must take place no later than 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and in normal condition. The only charges that are to be paid by the Customer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier. The Supplier shall refund the entire amount paid by the Customer free of charge within 30 (thirty) days of receipt of the notice of withdrawal. Upon receipt of the notice by which the Customer communicates the exercise of the right of withdrawal, the parties to this contract are exonerated from their mutual obligations, except for the provisions of the previous paragraphs of this article.

PROCEDURES FOR EXERCISING THE RIGHT OF WITHDRAWAL

The right of withdrawal is exercised by sending, within the aforementioned deadline, a written communication to the address of Umbra Rimorchi srl by registered letter with acknowledgement of receipt to the following address: Umbra Rimorchi srl, Via Francesco Gentile, 135, 00173 - Rome, or by certified e-mail to umbrarimorchi@pec.it. In case the goods happen to be delivered, the Customer must return them to Umbra Rimorchi srl within 15 (fifteen) working days from the date of their delivery. The goods must be returned to Umbra Rimorchi srl complete with every part and any accessory or instruction manual and everything originally delivered to the Customer, as well as packed in its original casings. The returned product must be accompanied by a copy of the electronic receipt of the order. The cost of returning the goods to Umbra Rimorchi srl shall be borne by the Customer.

If the right of withdrawal is exercised by the Customer in accordance with the provisions contained in this clause, Umbra Rimorchi srl is obliged to refund the sum paid by the Customer. Umbra Rimorchi srl will proceed for free to the transmission of the order of relative re-credit to the cost of the good sended comprehensive of the shipping expenses within 30 (thirty) days from the date on which it became aware of the exercise of the right of withdrawal by the Customer. This will be done by PayPal refund where possible or by crediting the sum to the bank account indicated by the Customer. Umbra Rimorchi srl has the right to reject any product returned in a manner other than those specified above, as well as products for which the Customer has not paid the full cost of return, or the methods and times indicated for the communication of the exercise of the right of withdrawal have not been respected.

EXPRESSED CANCELLATION CLAUSE

In case of total or partial non-payment of the purchase price of the goods Umbra Rimorchi srl reserves the right to declare pursuant to and for the purposes of art. 1456 of the Civil Code terminated this contract by sending a written communication to the Customer’s electronic address.

COMPLAINTS

For any complaint or clarification, the Customer must write to the email address umbrarimorchi@umbrarimorchi.it. The Customer will be contacted for clarification within 3 (three) working days from the request.

APPLICABLE LAW AND COMPETENT COURT

All disputes arising from this contract will be assigned to an attempt at conciliation at the Chamber of Commerce of Rome’s Mediation Body and resolved according to the Conciliation Rules adopted by the same. If the Parties intend to bring the matter before the ordinary Judicial Authority, the competent Court is that of the place of residence or of the Customer’s elective domicile, mandatory pursuant to art. 33, paragraph 2, letter u) cod. cons.

POSTPONEMENT

This contract is governed by Italian law. 19.2. For what is not expressly provided here, the legal rules applicable to the relations and the situations provided for in this contract, and in particular art. 5 of 1980 Rome Convention. 19.3 Pursuant to art. 60 cod. cons. , here the discipline contained in Part III, Title III, Chapter I cod. cons. is explicitly referred to.