Autoricambi Sanmauro S.n.c., through its online store, offers its expertise and reliability in supplying car accessories, giving its customers the opportunity to order desired products and receive them directly at home, or to order them, check their availability, and book their pickup at the San Mauro Torinese store.
These general sales conditions (“General Conditions”) are governed, for the cases of interest, by the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments) and by the regulations on electronic commerce (Legislative Decree no. 70/2003 and subsequent amendments), and apply exclusively to distance selling via the web of the products as identified and listed on the website, and the services as indicated in these General Conditions.
In the event of changes to the General Conditions, the General Conditions published on the website at the time of sending the order by the customer (“Customer”) will apply to the purchase order, as specified in subsequent articles 3 and 4 of these General Conditions.
ARTICLE 1 – SUBJECT OF THE CONTRACT
With these general sales conditions, AUTORICAMBI SANMAURO S.n.c. di Frisoli Giulio e Giovanni (hereinafter referred to as “Seller”) sells, and the Customer purchases, the tangible movable goods indicated and offered for sale on the website www.autoricambisanmauro.it. The contract is concluded exclusively through the internet, by the Customer accessing the address www.autoricambisanmauro.it and placing an order according to the procedure provided on the website.
The Customer undertakes to review these general sales conditions, in particular the pre-contractual information provided by the Seller, before confirming their order, and to accept them.
In the order confirmation email, the Customer will also receive a link to download and store a copy of these general sales conditions, as provided for in Article 51, paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – ARTICLE 49 OF LEGISLATIVE DECREE 206/2005
Before concluding the purchase contract, the Customer will become aware of the characteristics of the goods that are described in the individual product sheets at the time of selection by the Customer.
Before concluding the purchase contract and before validating the order with “payment obligation,” the Customer will be informed about: payment methods; the deadline within which the Seller undertakes to ship the goods; the conditions, terms, and procedures for exercising the right of withdrawal (Article 10 of these conditions), as well as the standard withdrawal form attached to Legislative Decree 21/2014, Part B; information that the Customer will bear the cost of returning the goods in the event of withdrawal; the existence of the legal guarantee of conformity for the purchased goods, after-sales assistance conditions, and commercial warranties.
The Customer may, at any time and before concluding the contract, become aware of the information regarding AUTORICAMBI SANMAURO S.n.c. di Frisoli Giulio e Giovanni, including the geographical address, telephone number, email address, which are also provided below:
AUTORICAMBI SANMAURO S.n.c. di Frisoli Giulio e Giovanni
Via Settimo n. 224 10099 San Mauro Torinese (TO)
VAT/CF 09734250013 Phone 011.8222262 – 011.8221902
Email [email protected]
ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered finalized when the Seller sends an order confirmation email to the Customer. The email contains the Customer’s details and order number, the price of the purchased goods, shipping costs, the delivery address to which the goods will be sent, and a link to print and archive a copy of these terms.
The Customer undertakes to verify the accuracy of the personal data contained in it and to promptly communicate any corrections to the Seller.
ARTICLE 4 – PRODUCT INFORMATION
The Seller undertakes to describe and present the items sold on the website in the best possible way. However, there may be some errors, inaccuracies, or small differences between the website and the actual product. Furthermore, the photographs of the products presented on the website do not constitute a contractual element, as they are only representative.
The visual representation of the products on the website typically corresponds to the accompanying photographic image in the product description. It should be understood that the image of the products is solely for the purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in color and dimensions. In case of any discrepancy between the image and the written product description, the description in the product description shall always prevail.
ARTICLE 5 – PRODUCT AVAILABILITY
The availability of the products refers to their actual availability at the time the Customer places the order. However, this availability should be considered purely indicative because, due to the simultaneous presence of multiple users on the website or the sale of products at the physical store, the products may be sold to other customers before the order is confirmed.
Even after sending the order confirmation email by the Seller, there may be cases of partial or total unavailability of the goods. In this event, the order will be automatically adjusted by removing the unavailable product, and the Customer will be immediately informed via email or through a phone call.
If the Customer requests the cancellation of the order, resolving the contract, the Seller will refund the amount paid within 14 days from the day the Seller becomes aware of the customer’s decision to resolve the contract, in accordance with the provisions applicable to contract withdrawal and return of goods.
ARTICLE 6 – PAYMENT METHODS
The Customer can make payment for the ordered products and the related shipping costs using one of the following payment methods:
Cash on delivery – Not available
Credit Card – The accepted card networks on the website are Visa, Mastercard, American Express.
Satispay – One of the most popular e-payment services in Italy. Paying with Satispay is very simple.
PayPal – Once the order is confirmed, the Customer will be redirected to the PayPal website where they can make the payment using their account or by using a credit card, or in any other way accepted by PayPal and in compliance with their respective conditions.
Installment payment – Scalapay – If you purchase with Scalapay, you will receive your order immediately and pay in 3 installments. Please note that the installments will be assigned to Incremento SPV S.r.l., related parties, and their assignees, and you authorize such assignment.
Installment payment – PayPal – It is possible to pay in 3 installments at 0% interest using a credit card or your PayPal subscription. Please note that in both cases, it is not a financing arrangement, and therefore, no income documentation is required.
Bank transfer – The Customer must make the bank transfer within 3 working days from the date of the order. If this does not occur, the order will be canceled. The Customer who has not made the bank transfer may be contacted by the Customer Service to clarify the reason for non-payment. For payments via bank transfer, the order will be processed upon actual receipt of payment. The delivery time indicated on the product page will start from that day.
The bank transfer details will be provided to the Customer by the Seller, and the transfer reference should explicitly indicate the order number, which can be found in the confirmation email (e.g., “Order no. 123456”).
ARTICLE 6bis – DATA MANAGEMENT
Credit card data is managed directly by PayPlug, specialized in online payment management; PayPal data is managed directly by PayPal. The information is encrypted using encryption systems that prevent third-party use and is sent directly to the bank. The seller reserves the right to request verification of the authenticity of the card ownership from the issuing bank or PayPal in case of issues. Any refunds to the Buyer/Customer, if eligible, will be credited by reversing the payment through credit card, PayPal, or bank transfer, within a maximum of 30 days from the date on which the seller becomes aware of the cause that generates the right to a refund.
ARTICLE 7 – DELIVERY TIMES AND METHODS
The seller will deliver the ordered products through a professional courier.
The estimated delivery times are indicated within the product description.
In the case of orders with products that have different delivery times, they will still be shipped together.
Except in cases of force majeure or fortuitous events, from the moment the order is entrusted to the courier, the ordered products will be delivered within a period of 1-3 working days for Northern and Central Italy, 3-5 working days for Southern Italy and the islands. These terms will start from the day following the one in which the Seller confirmed the order to the Customer via a specific order confirmation email. Delivery times for international shipments may be extended, as indicated in the product description. If the Seller is unable to ship within the specified period, timely notice will be given to the Customer via email or telephone communication, indicating the deadline for order fulfillment. Delivery times may vary depending on the destination and other factors beyond the Seller’s direct control and not attributable to them. In the case of payment by bank transfer, the delivery days will start from the date of receipt of the credit. For further information on delivery times and shipments, please refer to the “Shipments” section at the bottom of the website.
If the Customer has only made a reservation for the goods through the website, the Seller will notify the Customer of the availability of the goods via email, telephone communication, or SMS and arrange a pickup date.
For every order placed on the website, the Seller issues an invoice for the shipped goods. The invoice will be sent via email and will contain the information provided by the Customer during the purchase process.
ARTICLE 7bis – DELIVERY METHODS FOR ORDERS WITH MULTIPLE PRODUCTS
In some cases, for logistical reasons, the order may be divided into 2 or more orders and managed separately.
Our products are stored in different warehouses, and for this reason, shipments may originate from different locations.
Split orders will have their own tracking code, which will be sent via email.
In the personal area, the initial order will also be divided, and each generated order will be updated individually.
ARTICLE 8 – SHIPPING AND DELIVERY COSTS
The shipment of all orders with a value exceeding €99.00 is free throughout Italy (shipping costs to other countries are indicated inside the shopping cart).
For shipments of orders with a value below €99.00, a flat rate of €6.90 will be applied, regardless of the destination (Italy shipments).
The Customer can choose between 2 options:
- Insurance: Transport damage protection; this option eliminates processing time in case of damage. The order will be resent.
- Kasko: By choosing this option, the return cost will be free. Not applicable to the purchase of roof boxes or verandas for caravans/campers.
Shipping costs for international shipments are calculated by the system and indicated in the shopping cart. They vary depending on the destination and the weight/volume of the products.
Shipping costs are not included in the purchase price but will be indicated and calculated at the time of the conclusion of the purchase process before payment is made.
ARTICLE 9 – PRICES
All selling prices of the products displayed and indicated on this website constitute a public offer pursuant to Art. 1336 of the Italian Civil Code, including VAT and any other taxes, and are expressed in euros. Shipping costs will be indicated and calculated during the purchase process before the Customer’s order is paid. The prices indicated for each of the goods offered to the public are valid until the order is submitted. Therefore, prices and conditions may be changed by the Seller at any time, and what appears on the order summary webpage will be binding for the Customer.
The Customer accepts the Seller’s right to modify prices at any time; however, the goods will be invoiced based on the prices indicated on the website at the time of creating the order and specified in the confirmation email sent by the Seller to the Customer.
* Codes issued by the Seller related to specific circumstances cannot be combined.
In the event of a computer, manual, technical, or any other error that may result in a substantial and unforeseen change in the public selling price, rendering it excessive or clearly absurd, the purchase order will be considered invalid and canceled, and the amount paid by the Customer will be refunded within 14 days from the day of cancellation.
ARTICLE 10 – RIGHT OF WITHDRAWAL
If the Customer is a “Consumer,” as defined in Article 3 of the Consumer Code, they have the rights provided for in Articles 52 and following of the Consumer Code, as amended by Legislative Decree no. 21/02/2014, and therefore the right to withdraw from the Purchase Contract (“Right of Withdrawal”) for any reason, without explanation and without any penalty, as specified below.
The withdrawal may concern all (Total Withdrawal) or only part (Partial Withdrawal) of the Products purchased by the Consumer. The withdrawal period expires after 14 (fourteen) days from the day on which the Consumer or a third party, other than the Carrier and designated by the Consumer, acquires physical possession of the Product(s) (“Withdrawal Period”).
The right of withdrawal is exercised by sending a withdrawal communication (“Withdrawal Notice”) by registered mail to:
AUTORICAMBI SANMAURO S.n.c. di Frisoli Giulio e Giovanni
Via Settimo n. 224 10099 San Mauro Torinese (TO) Italy
Alternatively, the Withdrawal Notice may also be sent by email to the following address within the same Withdrawal Period as mentioned above: [email protected].
The Withdrawal Notice must specify the intention to withdraw from the Purchase and the Product(s) for which the right of withdrawal is being exercised. To facilitate the exercise of the right of withdrawal, the Seller provides its Customers with a specific Form to be used for the withdrawal communication. Download the Withdrawal Form here or find the form in the “Withdrawal and Returns” section.
The return of the Product(s) must be made within 14 (fourteen) days from the date on which the Consumer communicated their decision to withdraw, in accordance with Article 52 of the Consumer Code mentioned above. The above-mentioned deadline will be considered met if the Consumer returns the Product(s) subject to withdrawal before the expiration of the 14-day period.
The Seller reminds its Customers that the transportation costs for the return of the Product(s) subject to withdrawal are borne by the Consumer, and the Return is under the sole responsibility of the Consumer. The Seller reminds its Customers, before the Return, to check that the Product(s) subject to withdrawal is/are intact and in normal condition, inserted in the original packaging, complete with all its parts (including packaging and accompanying documentation). The Consumer must also take care to ship the returned merchandise using suitable packaging methods to avoid any damage.
According to current regulations, the Consumer will be responsible only for the decrease in value of the Product(s) resulting from any handling of the Product(s) other than what is necessary to establish the nature, characteristics, and functioning of the Product(s).
If the right of withdrawal has been correctly exercised in accordance with Articles 52 and following, the Seller will refund the Consumer the full amount already paid, including Delivery Costs, within 14 (fourteen) days from the day on which the Seller was informed of the Consumer’s decision to withdraw from the Purchase Contract. The refund will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer expressly requests a different method and provided that the Consumer does not incur any costs as a result of the refund.
The Seller, pursuant to and for the purposes of Article 56 of the Consumer Code as amended by Legislative Decree no. 21/2014, reserves the right to withhold the refund until the Products have been received or until the Consumer has demonstrated that the Products have been shipped, depending on which situation occurs first.
ARTICLE 11 – LEGAL WARRANTY OF CONFORMITY
In the event of receiving products that are non-compliant with the orders or defective, the Customer has the right to free restoration of the product’s conformity through repair or replacement. The Customer may exercise this right if the defect occurs within 24 months from the delivery of the goods and reports the defect to the Seller within two months of discovery.
Subsequently, the customer must proceed to create an online return request by accessing the “RETURNS and REFUNDS” section of the website.
In the case of a defective or non-compliant product, the Seller will bear the cost of shipping the product and, if possible and depending on the availability of goods, will replace the defective product with a compliant one or refund the cost of the product to the Customer.
ARTICLE 12 – COMMERCIAL WARRANTY
All products presented on the website benefit from both the legal warranty of conformity referred to in the previous article and a commercial warranty. To avail themselves of warranty assistance, the Customer must retain the purchase invoice for the product.
ARTICLE 13 – LIABILITY
The Seller assumes no responsibility for any failures attributable to force majeure or unforeseeable circumstances, including those arising from malfunctions and service disruptions of the internet, in the event that the order cannot be executed within the time stipulated in the contract.
The Seller shall not be liable to the Customer, except in cases of willful misconduct or gross negligence.
The Seller shall also not be liable for damages, losses, and costs incurred by the Customer as a result of the non-performance of the contract for reasons not attributable to the Customer, with the Customer being entitled only to a full refund of the price paid.
The Seller assumes no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards at the time of payment for the purchased products if it can be demonstrated that all applicable precautions were taken at the time of the transaction.
ARTICLE 14 – CUSTOMER’S OBLIGATIONS
The Customer undertakes to pay the price of the purchased goods within the time and manner indicated in the Contract. After the conclusion of the online purchasing procedure, the Customer undertakes to print and retain the data relating to the order placed. The information contained in this contract has also been reviewed and accepted by the Customer, who acknowledges this, as the link to this section is always present at the bottom of the page at the time of finalizing the order.
ARTICLE 15 – WEBSITE ACCESS
The Customer has the right to access the website for consultation and making purchases. No other use, particularly commercial, of the website or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of the Seller and are protected by intellectual property rights.
ARTICLE 16 – ENTIRE AGREEMENT
These General Terms and Conditions of Sale constitute the entirety of the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale are deemed invalid or declared as such under the law, regulations, or as a result of a decision by a court of competent jurisdiction, the other provisions shall remain in full force and effect.
ARTICLE 17 – APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are subject to Italian law.
For the resolution of disputes relating to the interpretation, execution, or termination of these General Terms and Conditions or individual purchase orders, if the Customer is a consumer as defined by the Consumer Code, the competent jurisdiction shall be exclusively the court of their municipality of residence or domicile if located in Italian territory; in all other cases, the exclusive territorial jurisdiction shall be that of the Turin Court, excluding any other competent court.
In any case, it is possible to optionally resort to mediation procedures as provided for by Legislative Decree no. 28/2010, for the resolution of any disputes arising from the interpretation and execution of these sales conditions.
Finally, starting from February 16, 2016, the European platform for online dispute resolution, promoted and implemented by the European Commission, is operational. Consumers and professionals can access the platform at ec.europa.eu/consumers/odr and submit an online complaint following the instructions provided on the portal. For each member state of the European Union, ADR (Alternative Dispute Resolution) bodies have been identified to act as arbitrators between the parties to resolve the issue.