B2B General Terms and Conditions of Sale, effective December 22, 2022.
FOREWORD
This policy applies to the https://www.neryuscarparts.com/ (Site).
Seller Data: NERYUS S.R.L. - Cap.Soc. 10.000€ - Registered Office: Via Giorgio Caselli, 11/2 44124 FERRARA (FE) - R.E.A. FE250953 - C.F. and VAT 02140800380 - Tel. 05321914386 - email: shop@neryuscarparts.com (Vendor).
Art. 1. Scope of application
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 Sales on the Site are reserved for those who hold the status of "professional". This qualification is held by the natural or legal person acting in the exercise of his entrepreneurial, commercial, craft or professional activity, or by his intermediary.
1.3 The time slots indicated refer to working days, so Saturdays, Sundays and national holidays are excluded. The images and descriptions on the Site correspond to the actual Product available. Colors may differ from the actual colors due to the configuration of computer systems or computers used to display them.
1.4 The General Conditions of Sale may be changed at any time. Any changes and/or new conditions will be in force as soon as they are posted on the Site. The Buyer is therefore encouraged to regularly access the Site and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
1.5 The applicable General Terms and Conditions of Sale are those in effect on the date the order is shipped.
1.6 These Terms and Conditions do not govern the sale of products and/or services by third parties other than Seller that may be present on the Site through links, banners or other hyperlinks.
1.7 Before entering into business transactions with such parties, you should check their terms and conditions of sale.
1.8 Seller shall not be responsible for the provision of services and/or sale of products by such parties.
1.9 On the websites that can be consulted through such links, the Seller does not carry out any kind of control and/or monitoring. Therefore, the Seller is not responsible for the content of such sites nor for any errors and/or omissions and/or violations of law by such sites.
1.10 The Buyer should carefully read these Terms and Conditions, as well as other information provided by the Seller on the Site, including during the purchase process.
1.11 In no event shall Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, without limitation, any loss of profit or other indirect loss arising out of your use of the Site or inability to use the Site. Seller does not warrant (i) that the Site is free of viruses or programs that may corrupt data; (ii) that the information contained on the Site is accurate, complete and current.
1.12 Unless otherwise agreed upon with the Seller, orders cannot be placed on the Site by email. The Seller also accepts orders by telephone only if problems have occurred in the purchase process on the Site. In this case, these General Terms and Conditions of Sale shall apply to the extent compatible.
1.13 All elements of the Site are the property of Seller or third parties. Unless expressly authorized in writing by the Seller, reproduction, in whole or in part and by any process, distribution, publication, transmission, modification or sale of all or part of the content of the Site is prohibited.
1.14 In no event shall Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, without limitation, any loss of profit or other indirect loss arising out of your use of the Site or inability to use the Site. Seller does not warrant (i) that the Site is free of viruses or programs that may corrupt data; (ii) that the information contained on the Site is accurate, complete and current.
Art. 2. Purchases on the Site
2.1 To make purchases on the Site, you must follow the procedure indicated on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.
2.2 Buyer agrees to notify Seller immediately if it suspects or becomes aware of any misuse or disclosure of any information posted on the Site.
2.3 Buyer warrants that the information provided is complete and truthful and agrees to indemnify and hold Seller harmless from any damages, indemnification obligations and/or penalties arising out of and/or in any way connected with the breach of this undertaking. Buyer agrees to notify Seller immediately if it suspects or becomes aware of any misuse or improper disclosure of Site access credentials.
2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms and Conditions of Sale or any regulatory provisions.
2.5 To place purchase orders on the Site, you must read and approve these General Terms and Conditions of Sale by checking the appropriate box on the purchase process pages. Failure to accept these Terms and Conditions will result in your inability to make purchases on the Site.
2.6 In addition, the Buyer will receive an order confirmation email.
Art. 3. Availability of Products
3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility of several users purchasing the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
3.2 Information on Product availability is available on the Site.
3.3 The Buyer will be informed if the Product ordered is unavailable. In such a case, the Buyer shall have the right to cancel the purchase contract. However, please note that before requesting cancellation of the contract, the Seller reserves the right to apply the following measures:
If reassignment is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and upon express acceptance by the user.
Where reassortment is possible, an extension of the delivery period, offered by the Seller, stating the new delivery period.
3.4 If a refund is requested for the purchase of Products that are subsequently found to be unavailable, the Seller will issue a refund within 10 days.
3.5 In the event that the Buyer exercises the right of withdrawal, the contract will be terminated. In the event that the payment of the total amount due, consisting of the price of the Product, any shipping charges and any other additional costs, as stated in the order (Total Amount Due), has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the article "Payment Method".
Art. 4. Prices
4.1 On the Site, prices include VAT.
4.2 In addition, prices on the Site also include the WEEE fee, where applicable. You are encouraged to contact the Vendor at the contact information listed in the foreword to find out how the product you own and equivalent to the Product you purchased can be handled free of charge.
4.3 The Seller reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price applied will be the one indicated on the Site at the time of placing the order and that no account will be taken of changes (upward or downward) subsequent to the transmission of the order.
4.4 Whether or not the shipping costs of the Products are free of charge is indicated from time to time (in the purchase process, in the product sheet or otherwise on the Site itself).
4.5 Seller will ship the Products only after receiving confirmation of payment authorization or payment of the Total Amount Due. Ownership of the Products will be transferred upon payment.
4.6 The purchase contract is terminably conditioned upon non-payment of the Total Amount Due. Unless otherwise agreed in writing between the Parties, the order will be cancelled accordingly.
Art. 5. Payment conditions
5.1 This article describes the payment methods available on the Site. The Total Amount due from you shall be paid to the Seller in accordance with the terms and timing agreed with it and/or in accordance with the existing contractual relationship between you and the Seller.
5.2 On the Site You may purchase through payment cards. The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued a debit authorization. Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (in order to meet this criterion, the user must be registered to the Site at the time of the purchase transaction) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above process may mean that it is impossible to finalize the purchase on the Site. Confidential payment card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without transiting the servers the Seller uses. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
Visa.
MasterCard.
American Express.
5.3 On the Site it is possible to pay by bank transfer.
5.4 It is not possible to purchase by cash on delivery on the Site, unless otherwise agreed upon with the Seller.
5.5 On the Site it is possible to purchase by discount code. If the value of the discount code is less than the value of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. Under no circumstances can discount coupons be converted into money.
5.6 Any alternative provisions to those described above are or will be described in this article.
You can also make purchases on the Site using the PayPal payment solution. Should you choose PayPal as the means of payment, you will be redirected to the site www.paypal.it where it will make the payment according to the procedure provided for and governed by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. Therefore, the Seller is not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected with such account.
Art. 6. Delivery of Products
6.1 Delivery of the Products is expected in: Italy, Austria, Germany, Belgium, Luxembourg, Netherlands, France, Denmark, Slovenia, Hungary, Spain, Poland, Czech Rep., Sweden, Portugal, Romania, Croatia, Bulgaria, Estonia, Latvia, Lithuania.
6.2 The delivery obligation is fulfilled by the transfer to Buyer of physical availability or otherwise control of the Product.
6.3 Product delivery time from order submission: 3 days.
6.4 The time limit stated in Article 6.3 is intended as indicative and not peremptory. It is the Buyer's responsibility to verify the condition of the delivered Product. The Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, you should promptly notify the Seller.
6.5 With reference to the option of requesting delivery of the Products to a "pick-up point", the Seller informs you that The Site does not offer the option of picking up the Product at a "pick-up point" other than the address you provided during the purchase process. You are, however, encouraged to access the Site regularly to check whether this delivery option is subsequently made available on the Site.
6.6 You have the option to choose In-Store Pickup as your delivery method. In the event that you choose In-Store Pickup, you will be able to pick up the Product you purchased at the point of sale ("Store") selected by you from any that may be listed on the Site as available for pickup. As soon as the Product is ready for pickup, you will be notified to that effect by the Seller. You may pick up the Product during the hours and days that the Store is open. In order to pick up the Product, you or your proxy must provide the Store staff with appropriate documentation proving your purchase.
Art. 7. Right of withdrawal
7.1 There is no right of withdrawal for the purchase of Products on the Site. In fact, the Buyer is acting as a Professional, for whom the law does not provide a right of withdrawal.
7.2 The Seller allows the Professional the right to withdraw from the Product purchase contract within a period of thirty calendar days (Return Period). The Return Period expires after 30 days:
- in the case of an order for a single Product, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
- in the case of a Multiple Order with separate deliveries, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
- in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
7.3 You have properly requested a return within the Return Period if the notice regarding the return request is sent by You before the expiration of the Return Period. Unless otherwise agreed, the direct costs of returning the Products shall be borne by the Seller. The Seller will, unless the Parties agree otherwise, instruct a courier to collect the returned Products from the address you have provided.
7.4 To request a return, you must inform the Seller, before the expiration of the Return Period, of your decision to return the Products. To do so, you may follow the following procedure:
- Enter your Profile in the "Authorized Goods Return" section and press on the "ADD A NEW REQUEST" button;
- Select the order containing the Product(s) you intend to return; you will need to use the reference code (i.e., the 9-character alphanumeric string associated with the order) to locate the order;
- Choose the Product you intend to return and fill out the request form specifying:
1. the reason for the request to return the Product.
2. add annotations and notes in support of the return request. Optionally attach one or more images of the Product to support the reasons for return.
3. indicate how he wants to be reimbursed, the possible options are:
- refund of the price paid for the Product; or
- refund of the price paid for the Product by means of a SPENDING VOUCHER that you may use for future orders on the Site; or
- replacement of the product, upon agreement between the Parties.
- Indicate the address where the Product will be picked up from;
- Press on the "SEND RMA" button.
7.5 In the event that your return request is taken care of by the Seller, you will be notified by e-mail, to the e-mail address you have provided. The e-mail of taking charge of the return request will contain the indication of the day and time of passage of the courier to the address indicated for the collection of the Product. You may therefore proceed as follows:
- carefully placing the Products you wish to return, in the box in which your order arrived (otherwise you may use any envelope or box suitable for shipping). The Product(s) must arrive in the same condition as when you left. You are responsible for any decrease in the value of the Products resulting from unsuitable packaging of the Products for shipment
- deliver the Product to the courier contracted by the Seller for collection.
You will then be updated by email of the status of your return file.
7.6 If the return is accepted, Seller shall proceed to refund the Total Amount Due, excluding delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day the courier delivered the returned Product at Seller's warehouse.
7.7 The Seller reserves the right to refuse your return in cases where:
- You have submitted a duplicate return request for the same Product;
- You have not requested a return within the Return Period;
- You have not delivered the returned Product to the courier assigned to pick it up by the Seller or shipped the returned Product to the address provided by the Seller;
- The returned Product shall not arrive, at Seller's warehouse, in the same condition in which it was shipped by Seller. The Product must be stored, handled and inspected with normal diligence and returned undamaged, complete in all its parts, fully functional, accompanied by all accessories and instruction sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and untampered with, as well as perfectly fit for its intended use and free of signs of wear or dirt. You are only liable for any diminution in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics and operation of the Product.
- The Product being returned is not the Product purchased through the Site.
In the event that the Seller rejects your return in accordance with this Article, it will not result in the termination of the contract and, consequently, will not entitle you to any refund.
Art. 8. Legal Warranty of Conformity
8.1 The Legal Guarantee of Conformity is governed by the provisions of Articles 1490 of the Civil Code. Therefore, The Seller is obligated to ensure that the thing sold is free from defects that render it unfit for its intended use or appreciably diminish its value.
8.2 A warranty is not due if at the time of the contract the Buyer knew of the defects in the thing; likewise, it is not due if the defects were easily recognizable, unless, in this case, the Seller has declared that the thing was free from defects.
8.3 If there are defects, the Buyer may, at his or her option, demand termination of the contract or reduction of the price, unless, for certain defects, custom excludes termination. The choice is irrevocable when it is made by judicial demand. If the thing delivered has perished as a result of the defects, the Buyer is entitled to termination of the contract; if, on the other hand, it has perished as a result of fortuitous circumstances or the Buyer's fault, or if the Buyer has alienated or transformed it, the Buyer can only claim reduction of the price.
8.4 The Buyer forfeits his right to the warranty if he fails to report the defects to the Seller within eight days of discovery, unless the parties or the law stipulate otherwise. Reporting is not necessary if the Seller has acknowledged the existence of the defect or concealed it. The action is prescribed, in any case, in one year from delivery; but the Buyer, who is agreed to perform the contract, may always enforce the warranty, provided the defect in the thing has been reported within eight days of discovery and before the lapse of one year from delivery.
8.5 The Seller shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from unforeseeable circumstances or force majeure.
Art. 9. Manufacturer's Warranty
The Manufacturer's Warranty is an additional warranty to the Legal Warranty of Conformity, if any, given by the Seller on the Products. Except as may be indicated on the Site, Products sold on the Site are not covered by the Manufacturer's Warranty. You may, however, enforce your rights under the Legal Warranty of Conformity governed by the preceding article.
Art. 10. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
10.1 Purchase contracts concluded through the Site are governed by Italian law.
10.2 Instead, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is located shall have jurisdiction pursuant to the provisions of the Foreword.
Art. 11. Customer service
11.1 You may request information, send communications, request assistance, or file complaints by contacting the Vendor at the contact information listed in the Foreword, or by using any contact form on the Site.
11.2 The Seller shall respond in an approximate time of 3 days.
Art. 12. Miscellaneous
12.1 This document governs in its entirety the relationship between Buyer and Seller. In any event, the rights and obligations provided for by the law applicable from time to time shall not be affected.
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