B2B sales terms

General Conditions of Sale, effective from 10/08/2022.

PREMISE

This information is provided for the site https://e-powertrain.guru/ (Site).

Seller details: Privé Srl Strada del Colle 1 / a - 06132 Perugia (PG) PI: 02452580422 - Perugia Chamber of Commerce REA number PG-267720 - Share capital 10.000 € IV - privesrl@pec-mail.it - ​​( Seller ) .

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 The sale on the Site is reserved to those who hold the qualification of "Professional", pursuant to art. 3, paragraph I, lett. c) of the Consumer Code. The natural or legal person acting in the exercise of his / her business, commercial, craft or professional activity, or an intermediary, plays the role of Professional.

1.3 The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are intended as purely indicative. The colors may differ from the real ones due to the settings of the computer systems or computers used for their display.

1.4 The General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site. The Buyer is therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

1.5 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.6 These General Conditions of Sale do not regulate the sale of products and / or services by parties other than the Seller who may be present on the Site through links, banners or other hyper-textual links.

1.7 Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale.

1.8 The Seller is not responsible for the provision of services and / or for the sale of products by such subjects.

1.9 The Seller does not carry out any checks and / or monitoring on the websites accessible through these links. The Seller is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.

1.10 The Buyer is required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, even during the purchase procedure.

1.11 Orders can also be placed by email on the Site. As far as compatible, the clauses indicated in these General Conditions of Sale also apply to these types of orders. The Seller reserves the right to send you by email the different and separate General Conditions of Sale, effective only for purchases by email. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

1.12 The entirety of any element of the Site is the property of the Seller or third parties. Except for the specific written consent of the Seller, it is forbidden to reproduce, in whole or in part and by any procedure, distribute, publish, transmit, modify or sell all or part of the content of the Site.

1.13 The Seller may in no case be held liable to you or to third parties for any indirect, incidental, special or consequential damage. This includes, but is not limited to, any loss of income or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or affirm: (i) that the Site is free from viruses or programs that may damage the data; (ii) that the information contained on the Site is accurate, complete and up-to-date.

Art. 2 Purchases on the Site

2.1 To make purchases on the Site it is necessary to follow the procedure 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 The Buyer undertakes to immediately inform the Seller in the event that he suspects or becomes aware of an improper use or undue disclosure of any information entered on the Site.

2.3 The Buyer guarantees that the information provided is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation of this commitment. The Buyer undertakes to immediately inform the Seller in the event that he suspects or becomes aware of an improper use or undue disclosure of the access credentials to the Site.

2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.

2.5 To place orders on the Site, it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.

2.6 On the Site: (i) no alcoholic Products are sold; (ii) no adult products are sold; (iii) no food products are sold.

2.7 After the purchase, 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 that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.

3.2 Information on the availability of the Products is available on the Site.

3.3 The Buyer will be informed in case of unavailability of the ordered Product. In this case, the Buyer will be entitled to terminate the purchase contract. In any case, please consider that before asking for the termination of the contract, the Seller reserves the right to implement these measures:

• If a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery deadline.
• If a restocking is not possible, the Seller will supply a different product, of equivalent or greater value, upon payment, in the latter case, of the difference, and upon the express acceptance of the user.

3.4 If a refund is requested for the amount paid for the purchase of Products which later proved to be unavailable, the Seller will make the refund within a maximum period of 10 days.

3.5 In the event that the Buyer makes use of the right of termination, the contract is terminated. In the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order ( Total Amount Due ) has already taken place, the Seller will reimburse the Total Amount Due pursuant to the provisions of the article "Methods of payment" infra .

Art. 4 Prices

4.1 On the Site, prices do not include VAT.

4.2 Furthermore, the prices on the Site also include the WEEE contribution, where applicable. You are invited to contact the Seller at the addresses indicated in the introduction to find out how to manage the product you own and equivalent to the Product you have purchased free of charge.

4.3 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged will be the one indicated on the Site at the time the order is placed and that any changes will not be taken into account (in increase or decrease) subsequent to the transmission of the same.

4.4 The shipping costs of the Products are at your expense, unless otherwise established.

4.5 The Seller will ship the Products only after having received confirmation of the payment authorization or after having credited the Total Amount Due. Ownership of the Products will be transferred at the time of payment.

4.6 The purchase contract is conditional on the non-payment of the Total Amount Due. Unless otherwise agreed in writing between the Parties, the order will consequently be canceled.

Art. 5 Methods of payment

5.1 This article describes the payment methods available on the Site. The Total Amount due by you must be paid to the Seller in the manner and timing agreed with it and / or according to the contractual relations in force between you and the Seller.

5.2 On the Site you can purchase by means of 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 company issuing the payment card you used has issued the debit authorization. In application of Directive 2015/2366 / (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site during the purchase operation) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may imply the impossibility of finalizing the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the manager of the payments without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products. The footer of the Site indicates the symbols of the payment cards that can be used on the Site.

5.3 On the Site it is possible to pay by bank transfer.

5.4 On the Site it is not possible to purchase by cash on delivery, unless otherwise agreed with the Seller.

5.5 If the value of the discount code is lower than that of the order, the remaining sum can be completed according to the payment methods provided on the Site. Each discount code can be used for one purchase only. In no case can discount vouchers be redeemed for cash.

5.6 Any alternative methods other than those indicated above are or will be described in this article.

• On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.

Art. 6 Delivery of the Products

6.1 The delivery of the Products is foreseen in: Europe.

6.2 The delivery obligation is fulfilled by transferring to the Purchaser the material availability or in any case the control of the Product.

6.3 Delivery time of the Products from the sending of the order: 180 days.

6.4 The term indicated in art. 6.3 is to be understood as indicative and not peremptory. It is up to the Buyer to check the conditions of the delivered Product. The Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and we invite you, in your interest, to indicate on the carrier's transport document , any anomalies, accepting the package with reserve. In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller.

6.5 With reference to the possibility of requesting the delivery of the Products to a "collection point", the Seller informs you that you have the possibility to collect the Product from a collection point, based on the options and methods available on the Site and / or during the purchase process, provided that this mode is available for the Product you have selected. You will be promptly notified when the Product is ready to be collected at the collection point of your choice. Unless otherwise agreed, if you do not fulfill the obligation to collect the Product, the purchase contract will be considered terminated by law. As a result of the termination, the order will be canceled and the Seller will reimburse the Total Amount Due paid by you, minus the shipping costs. The mere failure to collect the Product cannot be understood as exercising the right of withdrawal, if provided, and will not give the right to a full refund of the sums paid for the purchase of the Product.

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 acts as a Professional, for which the law does not provide for the right of withdrawal.

Art. 8 Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is governed by the provisions of art. 1490 of the civil code. Therefore, the Seller is required to ensure that the thing sold is free from defects that make it unsuitable for the use for which it is intended or appreciably decrease its value.

8.2 The guarantee is not due if at the time of the contract the Buyer was aware of the defects of the thing; likewise it is not due, if the defects were easily recognizable, except, in this case, that the Seller declared that the thing was free from defects.

8.3 In the presence of defects, the Purchaser may request the termination of the contract or the reduction of the price at his choice, unless, for certain defects, the uses exclude the termination. The choice is irrevocable when it is made with the judicial request. If the delivered item has perished as a result of defects, the Buyer has the right to terminate the contract; if, on the other hand, it perishes by chance or through the fault of the Buyer, or if he has alienated or transformed it, he can only ask for a reduction in the price.

8.4 The Purchaser loses the right to the guarantee, if he does not report the defects to the Seller within eight days of discovery, unless otherwise established by the parties or by law. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it. The action is prescribed, in any case, in one year from delivery; but the Purchaser, who is agreed for the execution of the contract, can always assert the guarantee, provided that the defect in the thing has been reported within eight days of discovery and before the expiry of the year from delivery.

8.5 The Seller is not liable in the event of damage, of any nature whatsoever, deriving from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.

Art. 9 Manufacturer's Warranty

The Manufacturer's Warranty is an additional guarantee with respect to the Legal Warranty of Conformity possibly provided by the Seller on the Products. The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can only enforce this guarantee against the manufacturer. The duration, the extension, even territorial, the conditions and methods of use, the types of damage / defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.

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 For any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent, pursuant to the provisions of the Introduction.

Art. 11 Customer service

11.1 You can request information, send communications, request assistance or submit complaints by contacting the Seller at the addresses indicated in the Introduction, or using the contact form that may be present on the Site.

11.2 The Seller responds within an indicative time of 5 days.

Art. 12 Miscellaneous

12.1 This document fully governs the relationship between the Buyer and the Seller. In any case, the rights and obligations provided for by the law applicable from time to time are reserved.