General Conditions of Sale
General Terms and Conditions of Sale
Introduction
These general conditions of sale govern the relationship between:
- Neryus, i.e. Neryus s.r.l, with registered offices at Via Giorgio Caselli, 11/2 – 44124, Ferrara, R.E.A. FE250953 – Tax Code and VAT number 02140800380, Share Capital €10,000;
- the Customer, i.e. the person purchasing a product on the website www.neryuscarparts.com (“the Site”).
The Customer may be:
- a “professional”, meaning a natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or their intermediary;
- a “consumer”, meaning a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity that may be carried out (art. 3 of the Consumer Code).
Within these conditions of sale, it will be specified if certain clauses apply only to professionals or only to consumers.
The conditions of sale may change over time. It is the Customer’s responsibility to check the applicable terms and conditions at the time of purchase.
1. Purchases on the Site
1.1 Purchase Procedure
- The Customer selects the products and adds them to the cart.
- Proceeds to a summary page with the selected products, their prices, delivery times, and shipping costs.
- Submits the order.
1.2 Contractual Offer
The order placed by the Customer constitutes a contractual offer.
1.3 Conclusion of the Contract
The sales contract is considered concluded when Neryus sends the Customer an order confirmation email.
The email contains:
- Customer details
- Order number
- Price of the purchased goods
- Shipping costs
- Delivery address
- Link to print and save a copy of these terms and conditions
Note: The Customer must check the accuracy of their personal data contained in the order confirmation email and immediately notify Neryus of any corrections.
1.4 Order Refusal
Neryus reserves the right to refuse orders from Customers who have previously violated these General Terms and Conditions of Sale.
1.5 Improper Use of Data
The Customer undertakes to inform Neryus if they suspect or become aware of any improper use of their data required to process purchases on the Site.
1.6 Accuracy and Updating of Data
The Customer is required to provide true, accurate, and complete data and must promptly notify Neryus of any changes.
1.7 Indemnity
The Customer agrees to hold Neryus harmless from any compensation obligation and/or penalty relating to failure to comply with these data provision and update rules, except in case of willful misconduct or gross negligence by Neryus.
2. Product Availability
2.1 Indications on the Site
The Site displays information about product availability.
2.2 Limited Quantities and Unavailability
Products are available in limited quantities. It may happen that multiple people purchase the same product at the same time and the ordered product is no longer available after the order is sent. Neryus will notify the Customer of any unavailability via email.
2.3 Proposal of Alternative Products
Neryus may offer an alternative product of equal or higher value; the contract is concluded if the Customer accepts and pays any price difference due.
2.4 Restocking and Delivery Extensions
If restocking is possible, Neryus may propose an extension of the delivery period. The contract will be concluded if the Customer accepts the new delivery date.
2.5 Refunds
If the Customer requests a refund for a product that is unavailable, Neryus will issue the refund within 10 days of the request.
3. Product Information
3.1 Description and Images
Neryus describes and illustrates items as accurately as possible. However, it cannot guarantee that the images will correspond 100% to the actual product.
In the event of any difference between the image and the written description, the written description shall always prevail.
3.2 Careful Reading
Neryus encourages Customers to carefully read the information provided for each product.
4. Product Characteristics
4.1 Used Products
The products available on the Site are used and may be sold without their original packaging, instructions, or supplementary information.
4.2 Product Condition
The Customer must be aware of the condition of the products purchased, or verify this before installation.
5. Prices
5.1 Prices Including VAT
All prices shown on the site are inclusive of VAT.
5.2 Price Changes
Neryus reserves the right to change the prices at any time, but the price applied will be the one shown at the time the order is placed, except in specific cases.
5.3 Pricing Errors
Despite every effort, pricing errors can occur.
5.4 Lower Website Price than Actual Price
If the price shown is lower than the correct price, Neryus will contact the Customer to confirm whether they wish to proceed; if not, the order will not be processed.
5.5 Actual Price is Lower
If the actual price is lower than indicated, Neryus will charge only the lower price.
6. Payment Conditions
6.1 Available Methods
- Paypal
- Stripe
- Payment cards
- Bank transfer
6.2 Immediate Charge
For Paypal, Stripe, or payment cards: the amount is charged at the time the order is confirmed.
6.3 Bank Transfer
Orders are processed only after actual crediting of the amount; the credit must be received within 2 business days, otherwise the order will be canceled.
6.4 Secure Payment
Payment card data (number, holder, expiry date, security code) are encrypted and sent directly to the payment processor. Neryus does not store or have access to this data.
6.5 Paypal/Stripe Data Management
Payment data are managed directly by Paypal/Stripe; Neryus does not access or store such information.
6.6 Discount Codes
Discount codes:
- Can be used for one purchase only
- Are not cumulative
- Cannot be converted into cash
7. Product Delivery
7.1 Countries Serviced
Italy, Austria, Germany, Belgium, Luxembourg, Netherlands, France, Denmark, Slovenia, Hungary, Spain, Poland, Czech Republic, Sweden, Portugal, Romania, Croatia, Bulgaria, Estonia, Latvia, Lithuania.
7.2 Delivery
Products are delivered by courier to the address provided, within the time period communicated in the order confirmation email.
7.3 Delivery Times
- 3 working days from order placement
- Shipment within 48 hours from order
- Saturdays and holidays excluded
7.4 Maximum Delivery Time for Consumers
Delivery is always guaranteed within 30 days from order confirmation for consumers.
7.5 Shipping Costs
Shipping costs are borne by the Customer; they are indicated before the conclusion of the contract and in the order confirmation.
7.6 Delivery Check
The Customer should:
- Check the condition of the products and packaging upon delivery
- Note any anomalies on the delivery slip, accepting the package with reservations
- Notify Neryus immediately of any problems, including sending photos if the package appears damaged
8. Right of Withdrawal
8.1 Withdrawal Periods
- The Customer has the right to withdraw from the sales contract within 30 days from receiving the product.
- If the order included several products delivered at different times, the 30 days start from the delivery of the last product.
8.2 Withdrawal Procedure
8.2.1 Submitting the Request
- Access the customer area on the Site and submit the request via the "Authorized Merchandise Return" section by clicking “ADD A NEW REQUEST”.
- Select the order using the reference code (alphanumeric string of 9 characters associated with the order).
- Select the product(s) to return and complete the form, specifying:
- the reason for the return (optional for consumers)
- any additional notes or comments (optional for consumers)
- possibility to attach one or more product images to support the request
- refund method: refund of the amount paid or product replacement (subject to agreement)
- address for product pick-up
- Click “SUBMIT RMA”.
8.2.2 Confirmation of Receipt
- After submitting the request, the Customer will receive an email confirmation indicating the date and time the courier will collect the product at the provided address.
8.2.3 Return Costs
- Return costs are borne by the Customer unless otherwise agreed.
- If the product is non-functional, defective, or does not correspond to the description/photo and this has been reported to Neryus, costs are borne by Neryus.
8.2.4 Deadline for Return
- After notifying Neryus of the return request, the Customer must return the product within 14 days.
8.3 How to Return the Product
8.3.1 Handover to the Courier
- The Customer must hand over the product to the courier appointed by Neryus.
8.3.2 Condition of the Returned Product
- The product must be returned in the same condition as sent by Neryus: handled and inspected with due care, intact, complete with all accessories, functional, with identification tags, labels, and single-use seals (if any) still attached and intact, fit for its intended use, and free from signs of wear or dirt.
8.3.3 Customer's Responsibility
- The Customer is only responsible for any decrease in value resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the product.
- If a decrease in value has occurred, Neryus may deduct the corresponding amount from the refund; if already refunded, the Customer must repay the difference.
8.3.4 Scope of Withdrawal
- The right of withdrawal applies to the whole product; it cannot be exercised on parts and/or accessories.
8.4 Refunds if the Customer is a Consumer
8.4.1 Timeframe and Methods
- Within 14 days of becoming aware of the Customer's decision to withdraw, Neryus will refund the paid amount, including any shipping costs paid at purchase (excluding extra delivery costs).
8.4.2 Refund Method
- The refund will be issued using the same payment method as the purchase, unless otherwise requested by the Customer.
8.4.3 Refund Suspension
- Neryus can suspend the refund until it receives the product or until the Customer proves (with proper documentation) that the product has been sent back.
8.5 Refunds if the Customer is a Professional
- If the return request is accepted, Neryus will refund the total amount due, excluding shipping costs (if applicable), without delay and in any case no later than 14 calendar days from the day the courier delivered the returned product to Neryus’s warehouse.
8.6 When Neryus May Refuse the Return Request
8.6.1 Grounds for Refusal
Neryus reserves the right to refuse the return request if:
- The Customer has submitted a double return request for the same product;
- The return is requested after the allowed period;
- The Customer has not delivered the product to the courier appointed by Neryus or has not shipped it to the address provided by Neryus;
- The product is not returned in the same condition as sent by Neryus;
- The returned product is not the same as that purchased through the Site.
8.6.2 Exclusion from Refund
- In such cases, the Customer will not be entitled to any refund.
9. Legal Warranty of Conformity
9.1 If the Customer is a Consumer
9.1.1 Period of Responsibility
- Neryus is liable to the consumer Customer for any lack of conformity of the Product that becomes apparent within one year from delivery.
- The action to enforce defects not fraudulently concealed by Neryus must be brought within twenty-six months from delivery.
9.1.2 Presumption of Defects
- It is presumed that any lack of conformity appearing within twelve months from delivery already existed at that date, unless incompatible with the nature of the product or the nature of the defect, unless proved otherwise.
- From the twelfth month after delivery, it is the consumer Customer’s responsibility to prove that the defect already existed at the time of delivery.
9.1.3 Customer Rights
- In case of lack of conformity, the consumer Customer has the right to have conformity restored, to receive a proportional reduction of the price, or to terminate the contract, in accordance with Articles 135-bis and following of the Consumer Code.
9.2 If the Customer is a Professional
9.2.1 Applicable Law
- The legal warranty of conformity is regulated by Articles 1490 and following of the Civil Code. Neryus must guarantee that the sold goods are free of defects that make them unsuitable for their intended use or that significantly diminish their value.
9.2.2 Exclusion of Warranty
- The warranty does not apply if, at the time of purchase, the professional Customer was aware of the defects; nor if the defects were easily recognizable, unless Neryus declared that the goods were free from defects.
9.2.3 Remedies
- In the presence of defects, the professional Customer may ask, at their choice, for contract termination or price reduction, unless, for certain defects, usage excludes termination. The choice is irrevocable when made in legal proceedings.
- If the goods have perished due to defects, the Customer is entitled to contract termination; if they have perished due to chance or customer’s fault, or if they have been alienated or transformed, only the price reduction can be claimed.
9.2.4 Notification Period and Limitation
- The professional Customer loses the warranty right if they do not notify Neryus of the defects within eight days of discovery. Notification is not necessary if Neryus has acknowledged or concealed the defect.
- In any case, the right expires one year after delivery.
- However, the professional Customer summoned for contract performance may always enforce the warranty, provided the defect has been notified within eight days of discovery and before the year from delivery.
10. Manufacturer's Warranty
- The products sold on the Site are not covered by the manufacturer’s warranty, unless otherwise specified on the Site.
11. Liability
11.1 Force Majeure
- Neryus is not liable for disruptions resulting from force majeure or unforeseeable circumstances, including internet network malfunctions, when it fails to execute the order within the contractually agreed period.
11.2 Improper Use
- Neryus is not liable for any damages of any kind arising from improper use of the product by the Customer.
11.3 Limitation of Liability
- Except for willful misconduct or gross negligence, Neryus shall only be liable for damage that is a direct and immediate consequence of its failure to comply with these terms and conditions and that was foreseeable at the time of contracting.
11.4 Safety-Related Components
- The consumer Customer is required to have any safety-related products purchased properly installed by a qualified professional.
12. Sale of Vehicle Safety-Related Spare Parts
- Safety-related spare parts obtained from end-of-life vehicle treatment are sold only to businesses engaged in vehicle repair activities for re-use (art. 15, paras. 6 and 7, Italian Legislative Decree 24.06.2003, no. 209).
- When purchasing these spare parts, the Customer declares to be engaged in vehicle repair activities and releases Neryus from responsibility regarding these declarations and any misuse or illegal reuse of the spare parts.
13. Applicable Law, Jurisdiction, and Out-of-Court Dispute Resolution
13.1 Applicable Law
- These general terms and conditions are governed by Italian law.
13.2 If the Customer is a Consumer
- The Customer who qualifies as a consumer may attempt to resolve any dispute relating to their purchase on the Site through the EU Online Dispute Resolution (ODR) platform:
http://ec.europa.eu/consumers/odr - Any dispute concerning these general terms and conditions of sale, if not resolved amicably, shall be subject to the exclusive jurisdiction of the court of the Customer’s place of residence or domicile.
13.3 If the Customer is a Professional
- In the event of a dispute relating to these general terms and conditions of sale that is not resolved amicably, the competent court shall be that of Ferrara.