General provisions.
These General Conditions of Sale (hereinafter «General Conditions»), governed by the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments) and by the rules on electronic commerce (Legislative Decree No. 70 / 2003 e smi), are valid only for distance sales concluded via the web of the products shown on the domain https://www.mudtech4x4.com/ (hereinafter «individually Site» or jointly «Sites) between the company Mudtech Italia di Diego Menoncello DI, with registered office in Italy, Arese (MI), 20020, Via Leopardi 16 / B, CF MNNDGI70C14F205C and P. Iva: 03872190966, (hereinafter «MUDTECH ITALIA») and any individual, legal and / or individual company (hereinafter «Client»).
These conditions may be subject to change and the date of publication of the same on the site is equivalent to the date of entry into force.
Art. 1 — Object of the contract.
With these General Conditions, MUDTECH ITALIA sells to the Customer, who buys at distance, the tangible movable goods indicated and offered for sale on the Site (hereinafter the «Products»). The contract is concluded exclusively through the Internet, through the realization of a purchase order by the Customer according to the procedure provided on the Site.
Art. 2 — Pre-contractual information.
Before the conclusion of the purchase, the Customer sees the characteristics of the goods that are illustrated in the individual sheets of each Product and declares to have been specifically informed, among other conditions, especially in relation to: i) the price of the Products with the detail of shipping costs, VAT and other taxes if applicable, and any other costs; ii) payment methods; iii) conditions, terms and procedures for exercising the right of withdrawal; iv) guarantees; v) applicable law and competent court. The forwarding of the purchase order implies the full knowledge and express acceptance by the Customer of these General Conditions. The Customer is required to verify with the utmost care and attention the correctness of their data contained in the purchase confirmation and to communicate to MUDTECH ITALIA, within and not later than 24 hours, any corrections of the same.
The Customer, if a natural person, realizing an order through the Site, guarantees to be of greater age (18 years) and to possess the legal ability to stipulate binding contracts.
In any case, it is forbidden for the Customer to enter false, invented or fancy names in the order procedure and in further communications to MUDTECH ITALIA, which reserves the right to prosecute any violation or abuse. The Customer must pay particular attention when completing the order form as MUDTECH ITALIA can not be held responsible in any way for data considered wrong by the Customer, if such information has been sent by the Customer.
Art. 3 — Order.
The Customer, who intends to proceed with the purchase of the Products, must express this intention through a request made directly on the Site, in the dedicated section, where, following the procedures indicated therein, he will send his purchase order and make the payment. Personal data communicated for payment will be processed by MUDTECH ITALIA to process the order request and the related invoicing, with the exception of data regarding the payment of the amount purchased, which will be communicated directly to the electronic payment system made available from the banking institutions used by MUDTECH ITALIA, to allow economic transactions. In no case may MUDTECH ITALIA be held responsible for any fraudulent and improper use of credit cards or similar by third parties.
Once the contract is concluded, MUDTECH ITALIA will send to the Customer, by e-mail, an order confirmation and containing a summary of the information already contained in the order.
Art. 4 — Prices.
Unless otherwise stated in writing, all sales prices of the Products are expressed in Euro (including VAT and to be applied on the basis of the country of destination and based on international regulations in force) and may be subject to updates. The Customer must ascertain the final sale price before submitting the relevant order form.
Shipping costs are not included in the price of the Products, but are calculated based on the shipping method chosen by the Customer, the destination indicated by him, the number of packages and are indicated at the time of order, when you have the data for to be able to estimate them.
Art. 5 — Methods of payment.
Payment can be made by bank transfer or through the Paypal system. The data and communications related to the payment are made on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the electronic payment circuits.
Art. 6 — Right of withdrawal for the Consumer.
6.1. Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the so-called Customer. Consumer has a period of 14 days to withdraw from the contract, without having to provide any reasons. Without prejudice to the art. 53 of the Consumer Code, the withdrawal period illustrated above ends after 14 days from:
a) in the case of a service contract, from the day the contract is concluded;
b) in the case of sales contracts, 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 goods or: 1) in the case of multiple goods ordered by the consumer through a single order and delivered separately, 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 last good; 2) in the case of delivery of goods consisting of lots or multiple pieces, 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 last lot or piece;
c) in the case of contracts for the periodic delivery of goods during a certain period of time, 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 first good.
6.2. Before the expiry of the withdrawal period described in paragraph 6.1. Above, the consumer informs MUDTECH ITALIA of his decision to exercise the right of withdrawal from the contract, by telephone at no. +39 02 92893188 or by writing an email to info@mudtech4x4.com; the expenses for the return of the goods (as well as all the risks of the relative transport) will be totally charged to the Customer. The goods must be sent to the following address: Mudtech Italia di Diego Menoncello D.I., with headquarters in Italy, Arese (MI), 20020, Via Caduti 61, the Customer must keep proof of the return of the returned goods to RAJAPACK.
6.3. All returns made beyond the terms legally valid for the right of withdrawal must be previously and expressly authorized in writing by MUDTECH ITALIA.
6.4. Pursuant to art. 57 of the Consumer Code, the so-called Customer. Consumer is required to return the goods to MUDTECH ITALIA without undue delay and, in any case, within 14 days from the date on which he communicated to MUDTECH ITALIA his decision to withdraw from the sales contract; the deadline is respected if the so-called Customer. Consumer sends back the goods before the 14-day period expires.
6.5. In case of valid and timely exercise of the right of withdrawal by the Customer cd. Consumer, pursuant to art. 56 of the Consumer Code MUDTECH ITALIA reimburses the first payment received, without undue delay and in any case within 14 days from the moment in which it was informed of the exercise of the right of withdrawal by the so-called Customer. Consumer. MUDTECH ITALIA makes the reimbursement referred to in the first period using the same means of payment used by the so-called Customer. Consumer for the initial transaction, unless the latter expressly agreed otherwise.
6.6. In compliance with paragraph 3 of the art. 56 of the Consumer Code, MUDTECH ITALIA reserves the right to withhold the reimbursement to be carried out in favor of the so-called Customer. Recipient consumer until he has received the goods or until the customer cds. Consumer has not shown that he has returned the goods to MUDTECH ITALIA.
6.7. The goods subject to a valid and timely withdrawal right exercised by the Customer c. Consumers must be returned to MUDTECH ITALIA, under the same conditions in which the first one had received it, complete with all the relative elements, provided with the original packaging and any attached manuals, and without the so-called Customer. Consumer has proceeded to use, to consume it or to damage it; MUDTECH ITALIA reserves the right not to accept the return of the products by the Customer. Consumer where the same have been altered in their essential and / or qualitative characteristics or if they have been damaged: in this case, MUDTECH ITALIA will return to the customer cd. Consumers the goods, charging the latter the shipping costs.
6.8. The right of withdrawal described above is not excluded in all the cases expressly provided for by art. 59 of the Consumer Code, to whose regulatory requirements we refer in full.
Art. 7 — Delivery methods.
MUDTECH ITALIA will deliver the products purchased by the customer through specialized carriers specially appointed by MUDTECH ITALIA.
Delivery times are those indicated in the purchase order and specified in the confirmation of the purchase order and may vary depending on the destination, the type of product, the amount and the volume of the goods. MUDTECH ITALIA will not be responsible for delays caused by incorrect communication of addresses and other information necessary for the delivery of the Products.
Upon delivery of the Products to the Customer by the carrier in charge of their transport, the Customer must check, in the presence of the carrier, that:
a) the quantity and type of products ordered correspond to what indicated in the transport document;
b) the packaging used for transport is intact, undamaged or otherwise altered, even only in the closing materials.
c) the quantity and type of products delivered corresponds to the order.
In the event that the package shows evident signs of tampering or alteration, the Customer must notify MUDTECH ITALIA by e-mail and / or registered letter within the following 24 hours.
For every order placed on the site, MUDTECH ITALIA will issue an invoice for the goods sent, sent by e-mail or by mail to the order or inserted in the package sent to the customer.
Art. 8 — Guarantee.
8.1. Pursuant to art. 130 of the Consumer Code, MUDTECH ITALIA is responsible for the so-called Customer. Consumers as defined by art. 3 lett. a) of the Consumer Code, for any lack of conformity existing at the time of delivery of the goods; in this case, the Customer cd. Consumers have the right to the restoration, without charge, of the conformity of the goods by repair or replacement, pursuant to paragraphs 3, 4, 5 and 6 of art. 130 of the Consumer Code, or an appropriate reduction of the price or termination of the contract of sale, in accordance with paragraphs 7, 8 and 9 of art. 130 of the Consumer Code: in this regard, MUDTECH ITALIA notes that, pursuant to paragraph 10 of the art. 130 of the Consumer Code, a minor conformity defect for which it was not possible or it is excessively burdensome to carry out remedies for repair or replacement, does not give the right to terminate the contract.
8.2 In accordance with the art. 132 of the Consumer Code, MUDTECH ITALIA is responsible for the case described above in point 8.1. where the lack of conformity occurs within the period of two years from delivery of the goods: in this regard, MUDTECH ITALIA also observes that, pursuant to paragraph 2 of art. 132 of the Consumer Code, the so-called Customer. Consumer declines from the rights foreseen by the art. 130 paragraph 2 of the Consumer Code if it does not report to the seller the lack of conformity within the term of 2 months from the date on which it discovered it.
8.3. In order to be able to use the guarantee described above in the previous points 8.1. and 8.2., the so-called Customer. Consumer is obliged to provide the cd. proof of purchase and proof of the actual delivery of the goods by MUDTECH ITALIA.
8.4. In the event that the customer is a professional as defined by art. 3 paragraph 1 lett. c) of the Consumer Code has the right to use the so-called guarantee. legal requirement of the current Italian Civil Code, which provides that the same is valid for the term of 1 year from delivery of the product, provided that, under penalty of forfeiture, the so-called Customer. professional has denounced the related lack of conformity within 8 days from the discovery of the same.
8.5. The products offered for sale by MUDTECH ITALIA on its website are compliant with current Italian or Community legislation in force; the images and colors of the merchandise offered for sale on the MUDTECH ITALIA website are to be understood as indicative and illustrative, with the consequence that the Customer (whether it be the Consumer or the so-called Professional) is obliged to refer exclusively to the characteristics described in the technical data sheet (where applicable) of the relative product: therefore, any inaccuracies or differences of a non-substantial nature between what is shown on the MUDTECH ITALIA website and the product delivered to the Customer are not to be considered a contractual default.
Art. 9 — Applicable law and jurisdiction.
The sales contract concluded in accordance with these General Conditions is concluded in Italy and governed by Italian law. Any dispute concerning the interpretation, execution, validity of the sales contract concluded through the Site, will be submitted to the exclusive jurisdiction of the Court of Piacenza, except in the case in which the Customer has acted and concluded the present contract as a Consumer for purposes unrelated to the activity
Art. 10 — Complaint.
Any complaint must be addressed to MUDTECH ITALIA, sending a registered letter to / r at the following address: Mudtech Italia di Diego Menoncello, with registered office in Italy, Arese (MI), 20020, Via Leopardi 16 / B.
According to the art. 49 paragraph 1 letter V of the Consumer Code, the Consumer Customer can avail himself of the Netcomm Joint Conciliation procedure for the friendly management and resolution out of court of any problems that may arise regarding the sale concluded according to these General Conditions.
The procedure can be initiated if the Consumer, after filing a complaint with MUDTECH ITALIA, within 30 days, has not received a reply or has received a response that is not considered satisfactory by him. The Consumer who decides to make use of the Joint Procedure is obliged to send the request to the address: conciliaizone@consorzionetcomm.it or to the fax number 02/8781126. For more information, please refer to the following address:
http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl.
Furthermore, pursuant to art. 14 of EU Regulation 524/2013, the Customer is informed that, in the event of a dispute, he can lodge a complaint using the European Union’s ODR platform, which can be reached at the following link: http://ec.europa.eu/consumers/odr.
Art. 11 — Customer assistance.
For any assistance request, MUDTECH ITALIA can be contacted by phone at +39 02 92893188 (Monday — Thursday at 9: 00-18: 00), by e-mail at info@mudtech4x4.com or by filling out the appropriate form contact.
Art. 12 — Contents of the Website and intellectual property rights.
The contents of the Site such as, by way of example, the works, images, photographs, dialogues, music, videos, documents, drawings, figures, logos and any other material published on the Site are protected by the right copyright and any other intellectual property right of MUDTECH ITALIA and other rights holders. Reproduction, modification, duplication, copying or otherwise exploitation of the images and contents of the Site is forbidden unless previously authorized in writing by MUDTECH ITALIA. It is also forbidden to use the contents of the Website for commercial and / or advertising purposes unless previously agreed with MUDTECH ITALIA.
Art. 13 — Processing of personal data.
The Customer’s data are processed by MUDTECH ITALIA in compliance with the provisions on personal data protection, as better specified in the information available in the Privacy section on the Website.