Date of publication: 16/06/2016
1.1. These general conditions of sale apply to all purchases of products branded "Fiat" (hereinafter "Products") that will be made through the site e-commerce store.fiat.com (hereinafter the "Site") by users classified as "consumers" within the meaning of Article 1.2 of the next. The site, owned by FCA Italy S.p.A., Italian company with legal offices in Turin, corso Agnelli 200, VAT code and number at Turin enterprises registration: 07973780013 (the "Owner"), is operated by Triboo Digitale Srl with registered office at Viale Sarca 336 20126 Milan, Italy, fiscal code and VAT registration number in the Register of Companies of Milan 02912880966 (the "TD").
1.2. TD is responsible for the sale of Products through the Site by virtue of the concession contract of sale with FCA Italy S.p.A. Product purchases made through the Site will share as TD, as seller (the "Seller"), and the person who proceeds with the purchase of one or more products for purposes not related to his trade, business, craft or professional, as purchaser (the "Consumer"), (Seller and Consumer will be collectively referred to as the "Parties").
1.3. FCA Italy S.p.A. is not part of the present general conditions of sale, but the owner of all rights in the domain name of the site, logos, trademarks, registered for the products presented on the site, and the owner of copyright in relation to the Site and its contents.
1.4. Any communication of consumer related and / or related to the purchase of products - including any reports, claims, demands concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc.. - Must be sent to the Seller at the address and in the manner indicated on the Site or by e-mail firstname.lastname@example.org.
1.5. Every purchase is subject to these general conditions of sale in the version that will be posted on the Site at the time of transmission of the order by the consumer.
1.6. The site is dedicated to retail and as such is intended for the exclusive use of consumers and, therefore, the opportunity to purchase products on the site is reserved exclusively for consumers. They may under no circumstances buy those products on the Site does not qualify as consumers. At any time, the Seller shall have the right to reject orders that do not run any sales that Seller, at its sole discretion, considers to have been generated from orders placed by individuals not classified as consumers. If one or more sales are still made in respect of a non-qualified as Consumer, will apply to the present general conditions of sale, but in derogation of the same:
- the purchaser will not be entitled to withdrawal pursuant to Article 10;
- The purchaser shall not be entitled warranties on products listed in Article 8 or any other statutory warranty;
- the purchaser will not be recognized any other safeguards, hereunder in favor of the consumer, that reflect or are consistent with forecasts required by law;
- the contract of sale between the seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.8. In order to make purchases through the Site, the consumer must have the legal age (18 years) and the ability to act, which claims to own the consumer.
1.9. Are the sole responsibility of the consumer any costs for the Internet connection to the Site, including those machines, the tariffs applied by the operator selected by the consumer himself.
2. Characteristics of the products and their availability in different geographical areas
2.1. Products are sold by the Seller with the features that are described on the Site at the time of the order by the consumer and in accordance with the general conditions of sale posted on the Site at the time of transmission of the order by the consumer, with the 'exclusion of any other term or condition.
2.2. The Seller reserves the right to change these terms and conditions of sale at any time in its sole discretion, without providing prior notice to users of the Site Any changes will be effective from the date of publication on the site of the new terms and conditions sales, as declared in the header of the same general conditions, and will apply only to sales made after that date. The products are offered to the general conditions of sale posted on the Site at the time of the conclusion of each sale until stocks are exhausted.
2.3. The prices and products for sale on the Site are subject to change without notice. Therefore, before sending the purchase order pursuant to paragraph 3 below, the consumer is asked to verify the final sale price.
2.4. The Seller reserves the right to change, at any time and without giving prior notice, the products for sale on the Site or their characteristics.
2.5 At the site can access users from around the world, and the Site may contain references to products that are not available or can not be purchased in the country of the visitor to the Site
2.6 The Products available on this site are available exclusively from users that in the section of the site specifically dedicated, would require the delivery in one of the states that are indicated on the Site
3. How to Buy Products - Improvement of each purchase contract
3.1. The presentation of products on the website, not binding on the seller, it is a mere invitation to the consumer to make a purchase contract proposal and not a public offering.
3.2. The purchase order submitted by the Purchaser to the Vendor by the Site has contractual proposal and is governed by these general conditions of sale, which are an integral part of the order and that the consumer through the transmission of the order to the Seller , is obliged to accept fully and without reservation. Before purchasing the Products, by sending a purchase order, you will be asked to Consumer read these general conditions of sale and the information on the right of withdrawal, to print a copy using the print command and save or reproduce a copy for your own personal use. In addition, the Consumer will be asked to identify and correct any input errors of their data.
3.3. The purchase order is accepted by the Seller of the consumer by sending to the Consumer, to the email address stated by them to the Seller at the time of registration with the Site or the transmission of the order if the consumer is not registered to the Site , an e-mail confirmation of the order, which will return the link to the text of these general conditions of sale, the details of the order made and the description of the characteristics of the product ordered. The order of the Consumer, confirming the order of the Seller and the general conditions of sale apply to the relationship between the Parties will be stored electronically by the Seller to their computer systems and the Consumer may request a copy by sending a notice by e-mail to the seller to 'email@example.com' address.
3.4. Each contract for the purchase of Products is concluded when the consumer receives the confirmation of the order by the Seller by email.
4. Selection process and purchase of Products
4.1. Products displayed on the Site may be purchased only through the purchase process on the Site and are not considered valid or accepted attempt to purchase and / or booking made through e-mail, fax or any other means other than the above purchase process. This procedure involves the selection of products of interest to the consumer, with their entry into the virtual shopping cart. After the selection of products, to make a purchase of the Products selected and placed in the cart, the Consumer will be invited to register on the site, providing the required information, or to log in, if the consumer has already been registered or to provide their own data in order to complete your order and enable the completion of the contract. In order to allow the purchase, the consumer will be asked to confirm your details (including but not limited to: name, surname, etc..) And the address for the delivery of the Products selected, billing address, and optionally, a telephone number where it can be contacted for any communications regarding your purchase, if they are different from the data provided upon registration. The Consumer will display a summary of the order to be carried out, which will not change the contents: thus, the consumer, after careful reading, must expressly approve the general conditions of sale, through the appropriate check mark (check-box) present on the Site and, finally, through the "Enter order", will be required to Consumer confirm its order which will be sent to the Seller and thus definitely produce the effects described in the previous section. 3.2. of this contract. Consumer will also be asked to choose the method of delivery and payment method from those available. If the consumer decides for instant payment method (simultaneous acquisition) by credit card, PayPal or bank transfer immediately, will be required to disclose their relevant data via secure connection. For accounting and administrative provisions, the Seller reserves the right to verify the identity indicated by the consumer. If payment is made by credit card, the purchase amount will be charged only at the time of transmission of the acknowledgment of the order by the Seller to the Purchaser.
4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address firstname.lastname@example.org.
4.3. If the Consumer has completed the purchase order which includes a Product whose price is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site:
- if the Consumer has not yet received the Product, the Seller shall (i) cancel the order, block the delivery and send notice to this effect by e-mail to the address provided by the Consumer during the order transmission phase and (ii) refund the Consumer with the payments effected pursuant to the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment;
- if the Consumer has received the Product, the Seller shall promptly notify the Consumer by email of the technical error that occurred during the order procedure, and offer the same, alternatively, to (i) pay the Seller, within and no later than the next 5 (five) days, using one of the payment methods available on the Site, the difference between the correct price of the product and the incorrect price indicated on the purchase order, or (ii) cancel the order, following the instructions provided in the same email notice on how to return the Product to the Seller, at the expense of the latter, within and no later than the next 14 (fourteen) days, more specifically to TRIBOO DIGITALE C/O T.W.S. LOGISTICA SRL, VIA PHILIPS, 12 - 20900 MONZA (MB) - ITALY, undamaged, complete with all parts and accessories (including unaltered labels and cards still attached to the Product), accompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty certificate, together with the duly completed RMA form attached to the email sent by the Seller- If the Consumer chooses the option provided in point (b) (ii) above, the Seller shall refund the payments effected by the Consumer for the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment.
4.4 Some Products featured on the Site may not be available before the date shown in the relevant product sheet, which could also be more than 30 (thirty) days from the date the order is placed and is to be understood as merely indicative. In any case, if the Consumer intends to purchase a Product that is currently unavailable, they can select it and add it to their shopping cart and then check out the order in the same manner as indicated in paragraph 4.1 above and, therefore, authorising the full payment of the order, also as regards the price of the unavailable Product.
By selecting and purchasing a Product indicated on the Site as “unavailable”, the Consumer expressly acknowledges and accepts that (i) the same Product is currently unavailable and that it shall only be delivered when it becomes available at the Seller’s warehouse, (ii) any terms and conditions indicated on the Site regarding the subsequent availability of the Product are purely indicative and not binding for the Seller.
If the Consumer purchases one or more available Products and one or more Products for pre-order in the same order, the Seller shall only deliver when the said Products are all available for delivery, in accordance with the times and procedures set forth in this Article 4.4. If the Consumer purchases one or more Products for pre-order in the same order, for which different delivery times are envisaged, the Seller shall only deliver when the said Products are all available for delivery, in accordance with the times and procedures set forth in this Article 4.4.
5. Delivery of goods and acceptance
5.1. Generally, the site indicates the availability of products and delivery of the same, however, this information is purely indicative and not binding on the Seller. The Seller reserves the right to accept or refuse the order received by the consumer, depending on the actual availability of products, regardless of any indication contained in About the Site, without the consumer can make claims or rights of any kind, to any reason, including compensation in the event of non-acceptance, total or partial, of the Seller.
5.2 Without prejudice to the provisions in para. 4.4. above, the products indicated expressly on the Site, in the relative product sheet, as “unavailable” or for “pre-order”, the Seller undertakes to do everything in its power to respect the delivery times indicated on the Site and, in any case, to make delivery within a maximum period of 30 (thirty) days from the date of payment of the price by Consumer, unless the Products are not available in the stores of the Seller.
5.3. Without prejudice to the provisions in para. 4.4, not able to guarantee the availability of the Products listed on the Site, if a product ordered by a consumer is not available for delivery despite the confirmation of the order, the Seller shall promptly inform the consumer of the unavailability of the product, within 3 (three) days of such communication, the consumer will be required to notify the Seller whether it will:
- obtain a refund of the price already paid, or
- wait for the products to become available in the warehouses of the Seller, provided that the same are still under production by FCA Italy S.p.A.
In the latter case, delivery shall be made within thirty (30) days from the date on which products will actually be available at the warehouse of the Seller.
5.5. Once the deadline referred to in par. 5.4. without the consumer having made complaints against the carrier / shipper, the Products delivered shall be deemed finally accepted by the consumer.
6. Prices, shipping costs, taxes
6.1. The price of the Products is that indicated on the Website upon placing the order by the consumer. The prices of the products listed on the site are inclusive of standard packing costs, VAT (if applicable) and any indirect taxes (if applicable), and do not include shipping costs that are counted before confirming the order passed by the Seller Consumer and that the consumer agrees to pay to Seller in addition to the price indicated on the Site
6.2. Depending on the country in which the Products are to be delivered will be displayed on the Site, during the process of making the order, the costs of shipping, which the consumer agrees to pay in addition to the price of products ordered.
6.3. The Consumer shall pay to the Seller the total price, as indicated in the order confirmed as a result of the order confirmation via e-mail by the Seller to the Purchaser.
6.4. If the Products are to be delivered in a country outside the EU, the total price of the order and confirmed in the confirmation of the order, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, the consumer agrees henceforth to pay, when due, in addition to the price specified in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country in which the products will be delivered . The consumer is requested to inquire with the relevant bodies in their country of residence or destination of the goods, in order to obtain information on any duties or taxes applied in their country of residence or destination.
6.5. Are the sole responsibility of the consumer, any possible additional costs, charges, tax and / or duty that a given country should apply to any title to the Products ordered under these general conditions of sale.
6.6. The consumer states that the lack of knowledge of the costs, charges, duties and / or taxes referred to in par. 6.4. and 6.5., when placing an order to the Seller shall not constitute cause for termination of this contract and shall not in any way charge these costs to the Seller.
7.1. The payment of the price of products purchased through the Website shall be made within the essential of 10 (ten) days from the date of dispatch of the order confirmation by the Seller to the Purchaser. The consumer expressly agrees that the execution of the Contract by the Seller shall start at the accreditation of the price / the product / s purchased / to the account of the Seller.
7.2. Payment can be made by credit card, bank transfer or via PayPal, under the conditions described below. The Seller will allow for additional payment methods, highlighting them in the payment section of the Site
7.3. If payment is made by credit card, the consumer will be transferred to a secure site and the data of the credit card will be communicated directly to Banca Sella S.p.A., with registered office in Biella (Italia), Piazza Gaudenzio Sella, 1 - 13900 Biella, enrolled with Biella C.C.I.A.A. P.I. 02224410023, operator that handles payments on behalf of the Seller. The transmitted data will be sent in secure mode, by transferring encrypted data with SSL (SecureSocketLayer) to 128 bits. These data are not accessible even to the Seller.
7.4. If payment is made by bank transfer in favor of the Seller, the Purchaser must indicate the codes "Swift", "IBAN" and "CRO" order confirmation.
7.5. The Seller shall promptly transmit to the consumer in electronic form by e-mail to the address stated by the same at the time of registration on the Site, the tax receipt for the purchase executed, if the purchased items are to be delivered in Italian territory, or attached to the Products purchased in paper format, in all other cases.
8. Legal guarantee of conformity of the Seller, reporting a lack of conformity and warranty
8.1. Pursuant to and for the purposes of European Directive 771/2019/EC and Italian Legislative Decree n. 206/2005 (Consumer Code), the Seller warrants to the Purchaser that the Products will be free from defects in design and material and conform to the descriptions posted on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer . It excludes the application of any warranty in the event of misuse or improper service of the Product does not conform to that of their product instructions / warnings regarding provided by Seller and / or Fiat, or in the documentation illustrative reference in tags or labels. The Seller also guarantees that the good is of the quantity, quality, durability, functionality, compatibility and safety ordinarily present in a good of the same type.
8.2. The Consumer can report any defects and non-conformities by sending the correctly completed form to email@example.com (click here to download the defective product return form), with indication of the defect and / or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the purchase receipt). The action aimed at asserting the defects not maliciously concealed by the Seller will expiry in any case after twenty-six months from the delivery of the Products to the Consumer.
8.3. Following the receipt of the form and accompanying documentation, the Seller will assess the defects and non-conformities reported by the consumer through the service of FCA Italy S.p.A. and, after carrying out quality controls designed to verify the non-conformity of the Product, will decide at its discretion, whether to authorize the return of products providing consumer feedback via the email address provided by the applicant in the course of the registration to the Site Authorization to return the products will not in any way recognition of defects or non-compliance, the existence of which must be ascertained after return. Products that the Seller has authorized the refund will be made by the Purchaser together with a copy of the communication authorizing the return within 30 (thirty) days of notification of the defect or non-conformity to the following address:
C/O T.W.S. LOGISTICA SRL,
VIA PHILIPS, 12 - 20900
MONZA (MB) - ITALY.
8.4. In the event of defects or non-conformities, the Consumer will be entitled to have the Product restored to conformity by the Seller, through repair or replacement, or alternative remedies in the cases expressly provided for by the Consumer Code.
8.5. If the Seller is required to reimburse to the Purchaser the price paid, the refund will be made by bank transfer or, where possible, by the same means of payment used by the consumer at the time of purchase of the Product. It is the responsibility of the consumer to inform the Seller, provided via e-mail at firstname.lastname@example.org, their bank to make the transfer in his favor, and to ensure that the seller is put in a position to repay the amount due .
9. Liability for defective products
9.1. As for any damage caused by defects in the Products, the provisions of the European Directive 85/374/EEC and the Italian Legislative Decree n. 206/2005 (Consumer Code). The Seller, in its capacity as a distributor of products through the Site, is free from any liability, without exception and / or exception, indicating the name of the respective manufacturer of the product.
10. Right of withdrawal - Information Notice
10.1 The Consumer shall have the right to withdraw from any contract concluded pursuant to these general terms and conditions of sale, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several products on one order are delivered separately, from the date the last product was received.
10.2 To exercise the right of withdrawal, the Consumer must notify Triboo Digitale, within the deadline indicated in paragraph 10.1 above, sending an explicit declaration to Triboo Digitale using the email address email@example.com., of his intention to exercise the right of withdrawal using the withdrawal form enclosed.
10.3 On completing the requirements of paragraph 10.2 above, the Consumer will receive a withdrawal confirmation email, containing the RMA code. Within and no later than the following 14 days, the Consumer is required to write the RMA Code on the form referred to in paragraph 10.2, and return the products to Triboo Digitale, together with the form referred to in paragraph 10.2, duly completed and bearing the RMA code, addressed to:
TRIBOO DIGITALE C/O T.W.S. LOGISTICA SRL
VIA PHILIPS, 12
20900 MONZA (MB) - ITALY
10.4 If the Consumer has received the product, he is required to return it to Triboo Digitale without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if you send back the goods before the period of 14 days has expired. All shipping risks and direct costs incurred when returning the products shall be borne by the Consumer.
10.5 If you withdraw from this contract, we shall refund all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from exercising your right of withdrawal. We will carry out such refunds using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. We may withhold the refund until we have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever is the earliest.
10.6 The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and
to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
11. Intellectual Property Rights
11.1. The consumer declares to be aware that all trademarks, trade names and other distinctive signs, as well as any distinguishing marks, names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of FCA Italy S.p.A. and / or its assignees, without access to the Site and / or the purchase of the Products caused to any consumer rights in the same.
11.2. The contents of this site may not be reproduced, in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of FCA Italy S.p.A.
12. Consumer Information and Protection of Privacy
12.2. The Consumer hereby represents and warrants that the data provided to the Seller during the registration process are true and correct.
12.3. The consumer may at any time update and / or modify your personal data provided to the Seller through the appropriate section of the site "My Account" accessible after authentication.
13.1. Although the seller to adopt measures to protect personal data against its loss, falsification, manipulation and misuse by third parties by reason of the features and technical limitations on the protection of electronic communications via the Internet, the Seller can not guarantee that any information or data displayed by the Purchaser on the site, even after the consumer has provided authentication (login) are not accessible or viewable by unauthorized third parties.
13.2. The Seller shall, on the payment details with your credit card uses the services of the company Banca Sella adopting technological systems to ensure the highest levels of reliability, safety, security and confidentiality in the transmission of information via the web.
14. Force Majeure
14.1. The Seller shall not be liable in the event of total or partial non of liabilities incurred under any contract entered into pursuant to the terms and conditions of sale, if such failure is caused by events and / or natural events beyond its reasonable control, including, without limitation but not limited to, catastrophic natural events, acts of terrorism, wars, riots, lack of electricity, the general strike of workers of public and / or private, strike and / or restrictions on the viability of couriers and air links.
15. Applicable law and jurisdiction
15.1. General Sales Terms and Conditions Any sales contracts signed between the Seller and the Consumer under these general sales conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, with Legislative Decree no. 206 dated September 6, 2005 of the Consumer Code, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.
15.2 In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
15.3. As an alternative to the settlement proposed in art. 15.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: firstname.lastname@example.org.
15.4. If no settlement attempt is made, as under section 15.2-15.3, or the attempt is not successful, the Court of Milan is assigned exclusive jurisdiction for all such disputes, except where this provision cannot be applied due to binding provisions in force in the Consumer's country of residence.
The Parties shall not assign or otherwise transfer to third parties any of their rights and obligations arising from the present general conditions of sale, without the prior written consent of the other party.
17. Validity of clauses
17.1. The headings of the terms used here are purely indicative and have no effect on the identification of the contents and interpretation of this contract.
17.2. These general conditions of sale shall not affect the rights conferred by Italian law to the consumer.
17.3. In the event that any clause or part of any provision of these Terms is held to be invalid because it is inconsistent or contrary to a rule of law, all other provisions of this Agreement or any part of the same clause shall remain in full force and effect.
18. Final Provisions
The consumer states that he was induced to accede to this contract prior oral statements.