Distance purchase agreement between ENG-CUSTOM and the customer:
ENG-CUSTOM assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, the execution of the 'sales agreement within the agreed time. ENG-CUSTOM will not be liable to any party for damages, losses and costs incurred as a result of the failure to execute the sales agreement for the reasons mentioned above, or for damages, losses and costs incurred as a result of the 'use or the impossibility to use the products purchased from ENG-CUSTOM having the customer the right only to the eventual refund of the price paid, excluding any shipping costs. Likewise, ENG-CUSTOM is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products. ENG-CUSTOM, in fact, is not able to know the buyer's credit card number at any time during the purchase procedure; at the same time ENG-CUSTOM is unable to check the correct and lawful origin of the credit note that is delivered by the customer upon receipt of the goods.
2. BUYER'S OBLIGATIONS
The customer undertakes, once the `` online '' purchase procedure has been completed, to print and / or keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. , as well as the printing of the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05.
The buyer is strictly forbidden to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and related further communications for him; the personal data and the e-mail address must be exclusively their own personal data and not those of third parties.
3. TERMINATION OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE
The obligations assumed by the customer in art. 2 above (Obligations of the buyer), as well as the guarantee of the successful completion of the payment that the customer must make, are essential, so that by express agreement, the failure by the Customer, of only one of these obligations, will determine the termination by law of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision, without prejudice to the right of ENG-CUSTOM to take legal action for compensation for further damage.
Any dispute relating to the application, execution, interpretation and violation of the '' online '' purchase and sale agreements obtained through the website www.eng-custom.com is subject to Italian jurisdiction; these general conditions are reported, although not expressly provided therein, in conjunction with Legislative Decree 50/92 and Legislative Decree 206/05.
5. RIGHT TO EXERCISE THE RIGHT OF WITHDRAWAL PURSUANT TO D.LGS. 206/05
Those who cannot be classified as consumers are excluded from the legislative decree, i.e. those who act for purposes related to their professional activity, that is, those who place an order indicating the VAT number for the invoice.
The return of the goods must in any case take place at the latest within 14 (fourteen) days from the date on which the Purchaser communicated his decision to withdraw from the contract. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned sealed and completely intact, in the same condition in which it was sent, at the sole discretion of the Supplier. Therefore, you will not be entitled to a refund if the product has been used and / or installed by the purchaser or by third parties, effectively compromising its integrity; by way of example and not exhaustive, the integrity of the product is considered to be compromised if the buyer has not returned the complete item in all its parts (including any documentation and accessory equipment: manuals, cables, etc.).
(navigation maps, diagnostic activators / dongle activators and similar products) have been opened and are not returned sealed. Furthermore, customized products are excluded from the right of withdrawal, i.e. all products ordered through the specific mandatory request for the vehicle chassis number.
6. WITHDRAWAL OF THE SUPPLIER
ENG-CUSTOM, if it is unable to fulfill the requested order due to the unavailability, even temporary, of the ordered product, has the right to withdraw from the sales agreement within 30 days from the date of the order by providing the customer with a simple
ce motivated communication, pursuant to art. 54, paragraph 2 of Legislative Decree 206/05. In this case, the customer will only be entitled to a refund of any sum already paid.
7. CONSUMER'S RIGHT OF WITHDRAWAL
Pursuant to art. 5 of the Law Decree n. 185 of 22.05.1999 the customer - consumer (i.e. the customer - natural person - who purchases for purposes not directly related to the professional activity carried out) has the right to withdraw from the purchase contract, for any reason, within 14 working days from the date of receipt of the goods, in the manner indicated below.
To exercise the withdrawal, the customer must send ENG-CUSTOM a written communication no later than 14 working days from the date of receipt of the goods. This communication must be sent by registered letter with acknowledgment of receipt to ENG-CUSTOM. The communication may also be sent by telegram or fax sent, always within the aforementioned term of 14 days, provided that it is confirmed by registered letter with acknowledgment of receipt, sent within the following 48 hours. If the goods have already been delivered, the consumer must return it to ENG-CUSTOM, by express courier, no later than ten working days from the date of receipt of the goods. The only costs payable by the consumer who exercises the right of withdrawal are those of shipping for the return of the goods to the sender. The purchased good must be returned in the original packaging, complete in all its parts, including documentation and accessories provided. As soon as it is aware of the right of withdrawal, ENG-CUSTOM will indicate the RMA number (return authorization code) to the customer via e-mail to be attached externally to the package being returned. In any case, the original packaging must not be damaged or bear writings or the application of adhesive tape. It is advisable to put the original packaging in a second box and to insure the packaging for shipping, as any damage or theft is the responsibility of the customer. The right of withdrawal will not be accepted if the returned goods or the original packaging are damaged or missing of its integral or accessory parts. In this case the goods will be returned to the sender with a charge of the shipping costs. If the withdrawal is exercised in accordance with the provisions of Law Decree no. 185 of 22.05.1999 and reported in these general conditions, ENG-CUSTOM will refund free of charge the sums already paid by the consumer in the shortest possible time and in any case within thirty days from the date of knowledge of the withdrawal, by transferring the amount charged to the card. Credit or by bank transfer if the customer provides the relative bank details.
The right of withdrawal cannot be exercised for contracts of:
. supply of services whose execution has begun, with the consumer's agreement, before the expiry of the ten-day deadline for exercising the withdrawal;
. supply of goods or services whose price is linked to fluctuations in financial market rates that the supplier is unable to control;
. supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly;
. supply of audiovisual products or sealed computer software, opened by the consumer;
. supply of newspapers, periodicals and magazines;
. betting and lottery services.