General conditions MISCO SRL
This contract is a distance contract pursuant to article 50 et seq. 6 of Legislative Decree 2005 September 206 (Consumer Code). The contract concerns the sale of goods between the company MISCO SRL - Via Nicola Fasano, 72 - 80078 Pozzuoli (NA) - VAT number 08682551216 and the consumer (The customer).
1. Contracting parties
MISCO SRL is a company based in via Fasano, 72 - 80078 Pozzuoli (NA) - Italy, which markets inboard marine engines, inboard and in-outboard spare parts, outfitting accessories and various equipment for boating including electronic instrumentation, from hereinafter referred to as "products".
These General Conditions apply in relation to the sale of products by MISCO SRL, hereinafter referred to as "MISCO", to the buyer, hereinafter referred to as "customer".
These General Conditions, offers, order confirmations and any attachments are the only reference documents that govern the relationship between MISCO and the customer for all purchases made through this website www.ricambimotorimarini.com and will be defined jointly. hereinafter "contract".
2. General rules
These General Conditions govern all relations deriving from the contract and being an integral part of it, they must be accepted and signed in its entirety without any modification, unless otherwise agreed and accepted in writing by both parties.
Any clause of addition and / or modification to the contract must be formulated and approved in writing by both parties in order to be considered valid and binding.
The contract will be considered concluded when the customer confirming the purchase order of one or more products, receives written acceptance from MISCO.
If MISCO, in the preparation of its offer, has set a term of validity, the customer must send the relative order within this term, the effectiveness of which, however, is always subject to the acceptance of MISCO.
The customer's order is a firm and irrevocable proposal until the date or period possibly indicated as expected delivery.
All the estimates presented by MISCO are subject to change without notice.
These general conditions apply whatever the nationality of the customer.
3. Object
With the order confirmation, the customer has the right to purchase the products chosen from the online store published by MISCO on the web space in question www.ricambimotorimarini.com against payment of the established amount.
These products are subject to modification or elimination at any time at MISCO's discretion, without this constituting a reason for withdrawal from the contract or a source of responsibility on the part of MISCO, which in any case undertakes to report in time the changes in the products present in the online store.
MISCO ensures the immediate processing and fulfillment of orders through the electronic system used and for this purpose it indicates in its on-line shop the estimated delivery times at destination, barring unforeseen events not attributable to MISCO.
MISCO's computer system will confirm in real time the registration of the order by sending the customer a confirmation via e-mail of correct acceptance of the order and of the relative payment.
Orders will be considered binding for MISCO only if the customer pays the amount established in the agreed manner and sends relative evidence to MISCO by e-mail in case of bank transfer; in case of payment with paypal the order will be considered binding for MISCO only when the economic transaction has been successful.
It is advisable for the customer to keep a print of the order confirmation and all subsequent notifications / communications that the website will send to the email address that the customer will have used when placing the order.
4. Sales prices and purchase conditions
All product prices displayed online, as indicated on the website, are already including VAT.
Each price will be confirmed upon order confirmation obviously with the addition of standard packaging and transport costs, which will be calculated automatically by the telematic system.
Standard packaging means packaging and the protection required exclusively under normal travel conditions for the prevention of damage and / or deterioration to the product before it reaches its destination as contractually established.
A specific packaging, prepared on request, it will involve an additional cost which will also be charged to the customer.
Any transport insurance costs, if explicitly requested in writing by the customer, will be charged to the same.
Before the final confirmation of the order, the customer can and is required to check the unit costs of the products and the transport costs in the final summary of the costs visible in the Check-out of the website.
At the end of the order confirmation process, the customer will receive an email with the details of the order, containing the code, name of the products ordered, details of costs and taxes, as well as the total amount of his order.
In case of payment by bank transfer, the customer will also receive precise instructions on how to execute the transaction in the order confirmation.
In case of unavailability of the chosen product, MISCO will undertake to communicate the expected delivery times to the customer and the customer will be entitled to accept or refuse by sending a written communication via e-mail to web@miscona.it or fax to +39 081 5267299.
In the event of a change in the price of the chosen product (s) over 5% of the value, MISCO undertakes to inform the customer, who will have the right to accept or refuse by canceling the order by sending written notice to the e-mail addresses. and / or faxes indicated above.
5. Other ways of purchasing
MISCO informs that, in addition to the purchase through the online shop of the website www.ricambimotorimarini.com with its shopping cart, under the conditions as described in the previous points, other purchase methods listed below are also possible and valid:
A) FAX: the customer must send a written request to no. by fax +39 081 5267299 complete with the following information:
a- Surname and name or company name (in the case of a company)
b- Tax code or VAT number (in the case of a company)
c- Head office address and shipping address, if different
d- Telephone and e-mail or fax
e- Code and name of the product (s) with relative quantities
f- Acceptance of the terms of the Privacy Policy, giving consent to the processing of personal data as required by Legislative Decree 196/2003.
Upon receipt of the fax MISCO will respond with its quote / offer indicating unit prices, availability, delivery times, as well as transport costs for delivery to the address indicated unless otherwise specified by the customer.
In case of acceptance, this quote / offer must be re-sent signed to MISCO by fax to +39 081 5267299.
B) EMAIL: the customer must send an e-mail letter (e.mail) to the address michele@miscona.it specifying the following information:
a- Surname and name or company name (in the case of a company)
b- Tax code or VAT number (in the case of a company)
c- Head office address and shipping address, if different
b- Telephone and e-mail or fax
c- Code and name of the product / s with relative quantities
d- Acceptance of the terms of the Privacy Policy, giving consent to the processing of personal data as required by Legislative Decree 196/2003.
Upon receipt of the e-mail MISCO will respond with its quote / offer indicating unit prices, availability, delivery times, as well as transport costs for delivery to the indicated address, unless otherwise specified by the customer.
In case of acceptance, this quote / offer must be re-sent signed to MISCO by e-mail to the address michele@miscona.it.
6. Payment methods
The payment of the purchased products and the relative shipping costs must be made by the customer at the time of sending the order confirmation through the use of the payment systems available and indicated below, or within three working days of sending. of the order confirmation in the case of choice of payment by bank transfer.
MISCO provides the following payment systems under the following conditions:
A) CASH ON DELIVERY: Cash on delivery (not for orders from abroad)
By paying by cash on delivery, you have the option of sending the goods to an address other than that of the order holder. This payment method includes:
a) Telephone number of the recipient of the order;
b) Payment in cash, directly into the hands of the courier in charge of delivery, of the exact sum corresponding to the total amount of the order, as the rest is not expected to be returned;
c) Checks of any type are not accepted unless explicitly stated on the courier's delivery note;
d) When choosing cash on delivery as a payment method, the customer will be charged the collection fee, equal to 3.5% of the total amount of the order.
B) BANK TRANSFER
By paying by bank transfer, you have the option of sending the goods to an address other than that of the order holder. This payment method includes:
a) Bank transfer within three working days from the final confirmation of the order. Beyond this date the order will be considered void;
b) The reason to be reported on the bank transfer must indicate: the No. and the date of the order, name and surname of the sender.
c) The bank transfer must be made in favor of:
Account holder: MISCO SRL
Bank: Banca Popolare dell'Emilia Romagna
Address: Via Fasano 36/38 - 80078 Pozzuoli (NA)
IBAN: IT44Q0538740100000001422858
d) The order will be operational only upon receipt, via e-mail at web@miscona.it or fax at +39 0815267299, of the bank receipt certifying the transfer, which must also indicate the number of order reported in the confirmation email.
C) PAYPAL
PayPal is an online credit card payment service based on an e-mail identifier active in 55 countries and territories around the world.
The service provides for the customer to charge the collection fee, equal to 2.0% of the total amount of the order.
Just check the PayPal payment system and complete the order, then follow the instructions on the screen, if you are a customer you can enter and make the payment in your control panel. PayPal will never disclose users' financial information to sellers.
PayPal is a company of the "Ebay Group" which provides an international credit card payment system via e-mail. Almost all credit cards are accepted (including prepaid cards such as PostePay).
MISCO will never be aware of the users' credit card numbers, they will be stored on the MISCO website as the data reside directly and exclusively in the PayPal circuit, for more information visit the website www.paypal.it or www. paypal.com.
7. Terms of delivery
Except as established by point 9 of these General Conditions of Sale in the case of deferred price payments, always established in writing, the ownership of the products supplied will be transferred to the customer, with all consequences, upon delivery.
The operations of loading and transport of the products are in any case at the expense and risk of the customer even in the event that the transport is carried out and / or organized by MISCO, which is not liable in any case for the total and / or partial deterioration and / or damage of the goods occurred during and / or after the transfer of risks.
The customer is in no case released from the obligation to pay the sum due when the deterioration and / or damage of the goods occurs during and / or after the transfer of risks.
Unless otherwise stated, the risk of deterioration of the products will pass to the customer upon delivery.
In any case, the delivery terms run from the date on which all the documents, materials and details of execution have been provided by the customer, who is obliged to put in place all the preliminary conditions.
The delivery times indicated in the orders are considered as merely indicative and only in the interest of MISCO regardless of the expressions used, such as urgent, mandatory, etc.
The goods are sold ex-works MISCO SRL, namely in Via Fasano 72 - 80078 Pozzuoli (NA) - Italy.
MISCO reserves the right to choose the means of transport, the type of shipment and the courier it deems most appropriate.
Any shipments with a destination other than the customer's headquarters will be carried out only and exclusively upon notice and obviously any additional transport costs will be charged to the customer.
The transport organized by MISCO is excluded from the price of the product, and remains the responsibility of the customer.
MISCO is authorized to make partial deliveries.
Delivery will be deemed to have taken place on the date of departure of the products from MISCO's warehouse regardless of the type of shipment used.
In case of delay in delivery for reasons attributable to the customer, the delivery of the products will be deemed to have taken place on the date on which the customer will receive the communication declaring that the products are ready for delivery.
The proof of delivery will consist of the customer's official stamp and / or the signature of another person authorized by the customer placed on the transport document, which clearly and in detail specifies the products and the quantity delivered.
If the products are not collected on the agreed delivery date, MISCO may terminate the contract, withholding any down payments received, without prejudice to compensation for greater damage.
In the event that the customer requests and is granted an extension on the delivery terms, an irreducible penalty equal to 0,5% of the agreed price for each week of delay will be applied, starting from the beginning of the third week.
If the customer does not collect the goods within fifteen days from the scheduled date, MISCO has the right to update the prices based on any new price list, without prejudice to the application of the penalty and the right of withdrawal by MISCO.
The deliveries will be considered compliant with the orders if the customer does not make a formal complaint to the carrier and for information to MISCO immediately upon delivery or within 24 hours following the delivery of the goods.
Each transport document that accompanies the delivery, signed or stamped by or on behalf of the customer, represents a mere acknowledgment of the delivery and does not constitute a declaration of conformity of the products with these General Conditions of Sale.
The products will be considered accepted by the customer only after a suitable deadline for checking has elapsed, in any case no later than five days from delivery.
Returns are not accepted unless after written consent from MISCO, or returns if ten days have elapsed from receipt of the goods.
The return of the goods to the premises is in any case at risk and at the expense of the sender, and is accepted only if sent to our warehouse carriage paid and after having ascertained that the defect is not due to misuse.
By way of reimbursement of expenses, 15% + VAT of the value will be charged, with a minimum of € 15,00 + VAT, without prejudice to the higher costs of any restoration which will be shown at cost.
The reasons for the return must in any case be specified in writing in the package containing the goods.
MISCO will not be held responsible for any delay and / or non-delivery of the products if this is due to facts beyond its control, including strikes, provided that it promptly informs the customer if he is aware of them.
In any case, the overcoming of the delivery terms cannot be a cause for the resolution of orders in progress, the blocking of payments, the refusal to collect the shipment and does not give the right to claims for damages.
8. Drawings, illustrative documents and technical sheets
The weights, dimensions, capacities, prices, performances and other data contained in the catalogs, prospectuses, circulars, advertisements, illustrations, price lists and website for online sales are purely indicative.
These data are binding insofar as they are expressly provided for in the contract.
Any drawing, document, technical information, relating to the manufacture and / or assembly of the product, as well as those relating to parts thereof, and any other drawing, document, technical information, sent to the customer through the website before and / or after the stipulation of the contract are not binding and subject to change by the manufacturer, as well as the images that are indicative and non-binding, product names and brands are used for the sole purpose of identifying the product.
9. Testing
The testing of the products and their mechanical parts, where required, will be carried out by and responsibility of the manufacturer.
MISCO undertakes to provide any useful documentation received from the manufacturer itself capable of demonstrating the successful testing and / or operational test with a positive result of the product in question.
10. Retention of title
Pursuant to articles 1523 and following of the Italian Civil Code, in the event of deferred payments, the delivered products remain the property of MISCO until the full payment of the price, in addition to costs and expenses.
In case of non-fulfillment and / or insolvency of the customer, MISCO will have the right to obtain the return of any products that it may have already delivered to the customer and of which it has never ceased to be the owner.
11. Guarantees
The customer who purchases the products, with the order confirmation, fully and exclusively accepts the warranty conditions of the manufacturer of the purchased goods.
The customer is aware that the purchased goods will be guaranteed by the manufacturer and under the conditions provided for it, also accepts all the methods of providing the manufacturer's warranty, also with reference, by way of example, to the person delegated by the manufacturer as the manager of the warranty (company other than the manufacturer that carries out repairs / replacements of the goods).
The installation of the goods remains the responsibility of the customer, furthermore MISCO is not subject to any obligation for maintenance and / or technical assistance.
MISCO guarantees the conformity of the products supplied to the agreed characteristics.
The customer, under penalty of forfeiture, must report any malfunction to MISCO within seven days and no later than after delivery or within ten days of discovery, or from when he could have discovered it through an accurate examination and testing of the products, in the case of hidden defects.
The customer will be entitled to take advantage of this guarantee only if he fulfills all payments and obligations towards MISCO.
MISCO is not responsible for damage and breakages caused by transport and / or caused by non-observance of the rules set out in the instruction manual and in any case by improper use and / or treatment of the product.
Furthermore, it is not liable for failures and breakages caused by incorrect installation of the products by the customer or by having himself carried out modifications or repairs.
MISCO is not liable for product defects and defects due to normal wear of those parts which, by their nature, are subject to rapid and continuous wear.
In no case MISCO is responsible for defects and faults that have their cause in a fact attributable to the customer following the passage of the risks.
When the customer requests the supply of products with variations of any type and entity with respect to the products listed in the MISCO catalog and / or online store, or in any case requests a customized product, he must communicate the drawings, documents to MISCO in writing. technical data, data and any other instructions, it being understood that MISCO will be required to deliver a product conforming to these variations only if they have been confirmed in writing.
The warranty services are limited, subject to acknowledgment of the defect / defect, to the repair of defective products, not including in any case the complete replacement, the labor required for the restoration and / or repair, travel and transport.
No reimbursement is allowed for incidental expenses incurred and / or for immobilizing the boat and for hauling and launching.
In order to have feedback from the carrier about any damage due to transport, the receipt of shipments, with packages totally and / or partially missing and / or damaged and / or open, must be done by the customer "with reserve".
For all products purchased through sub-suppliers, MISCO will be liable only within the limits of any guarantee obtained from the sub-supplier itself.
12. Major force
The delivery term will be extended by a period equal to that of the duration of the impediment, upon the occurrence of causes not dependent on MISCO's will, such as fires, wars (even if not declared), general mobilizations, insurrections, kidnappings, restrictions in the use of energy, disturbances in transport, strikes of any kind, lockouts, production stops and defects or delays in deliveries by suppliers and other impediments independent of the will of the parties that make delivery temporarily impossible and / or excessively burdensome.
MISCO, having become aware of the impediment, will communicate to the customer the existence of the impediment and the probable effects on the delivery obligation within a reasonable time and similarly will also notify the customer of the cessation of the impediment.
In no case, upon the occurrence of the present circumstances that delay or make delivery definitively impossible, the customer may demand compensation, indemnities and / or damages of any kind from MISCO.
13. Responsibility for delayed delivery
If MISCO delivers the goods late with respect to the agreed term, nothing can be requested as compensation by the customer as this date must be understood as merely indicative and only in the interest of MISCO as indicated in the previous points.
14. Notification of Defects and Limitation of Liability
The customer, under penalty of forfeiture, must report the defect and / or defect of the product to MISCO within seven days of delivery, or within ten days of discovery, or from when he could have discovered it through an accurate examination and test of the products if traits of hidden defects specifying in each case their nature in detail in writing.
In no case can the complaint of the defect or defect be validly made after the expiry date of the warranty terms indicated in point 10 or those otherwise agreed between the parties.
The guarantee referred to in this article absorbs and replaces the guarantees or liabilities provided for by law and excludes any other liability of MISCO in any case originating from the goods supplied; in particular, the customer will not be able to make other claims for compensation for damage, price reduction or termination of the contract, thus relieving MISCO from any liability for indirect damages.
Once the warranty period has expired, no claim can be made against MISCO.
MISCO's liability is limited to cases of gross negligence and / or willful misconduct and concerns only damage to the products delivered or the service provided, with the exclusion of any damage due to accidents to persons, damage to products not forming the subject of the contract, loss of earnings and / or any other consequential damage in any way caused.
15. Withdrawal and contractual termination
MISCO may, at its absolute discretion and without providing any justification, with simple written communication and with seven days' notice, withdraw from the contract and / or the single order or suspend its execution without any obligation for compensation and / or compensation.
This contract may be terminated by the customer only in the event of a serious breach attributable to MISCO.
The customer will communicate the non-fulfillment to MISCO by e-mail to the address web@miscona.it or registered letter with acknowledgment of receipt and his intention to terminate the contract, specifying the subject of the violation and, in the event that such violation is not remedied within the next thirty days, the customer will have the right to terminate the contract upon further communication sent to MISCO by further e-mail or registered letter with return receipt.
16. Language
If the contract is drawn up in several languages, the text in Italian will prevail.
17. Applicable law
The contract, as well as all existing relationships between the parties, are governed exclusively by Italian law.
18. Dispute Resolution
Any and every dispute that may arise regarding the validity, interpretation and / or execution of the contract will be submitted, at the request of one of the parties, to a conciliation committee, composed of a representative of each party, endowed with the powers of resolve the dispute in the name and on behalf of the parties and with the intention of amicably settling such disputes.
If the committee fails to resolve the dispute amicably within thirty days from the date on which all the representatives have been appointed, a report will be drawn up specifying the reasons for the lack of conciliation and communicated to the parties.
The Court of Naples (Italy) will have exclusive jurisdiction over any dispute arising from this contract and / or in relation to it.
Despite the provision referred to in the previous paragraph, MISCO will have the right to take legal action, even as a precautionary or urgent measure, before the competent judicial authority of the place where the customer has its registered office and / or its actual operational headquarters.
19. Miscellaneous
The possible nullity of one or more clauses of the contract will not extend its effects to the other contractual provisions, nor to the entire contract.
The parties will replace, if possible, the null clauses with other valid agreements having an equivalent or similar content.
The contract cannot be transferred by the customer without the written consent of MISCO.
Conditions of withdrawal
The firm MISCO SRL guarantees the right of withdrawal for any reason from the purchase contract. To exercise this right, you must send a registered letter with return receipt and preferably also a fax. to the number +39 0815267299 specifying the order number and which products are subject to return. The whole within 7 days from receipt of goods.
The right of withdrawal is subject to the following conditions:
1) the purchased good must be returned unused and intact, in its original packaging complete in all its parts (including packaging and documentation and accessory equipment), better to avoid labels or adhesive tapes on the original product packaging;
2) by law, the costs will be borne by the customer;
3) the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer. We are not responsible in any way for damage or theft / loss of goods returned by uninsured or untracked shipments (eg priority mail);
4) in case of damage to the goods during transport, we will promptly notify the customer of the incident (within 5 working days of receipt of the goods) to allow him to file a complaint against the courier he has chosen and obtain a refund of the value of the asset (if insured); in this case, the product will be made available to the customer for its return, at the same time canceling the request for withdrawal;
5) if, on the other hand, the return is returned intact in all the aforementioned points, we will reimburse the cost of the goods alone (not the shipping costs) by bank transfer after 10 days from receipt of the returned item. For any dispute between the parties in this regard, the Court of the place of execution of the contract is competent.