Article 1: DEFINITIONS
1.1 These general conditions, available to the consumer for reproduction and storage pursuant to art. 12 Legislative Decree 70/2003, concern the purchase of products, made remotely through a telematic network via the website www.rialzi4x4evo.store.
1.2 An "online" sales contract means a distance contract, i.e. a legal transaction concerning movable goods and/or services stipulated between a supplier, RIALZI 4X4 EVO S.R.L. and a final consumer - client or other professional users, within a distance selling system organized by RIALZI 4X4 EVO S.R.L. which, for this contract, exclusively uses the remote communication technology called internet.
1.3 A consumer means a natural person who purchases goods and services for purposes not attributable, either directly or indirectly, to any professional activity carried out.
1.4 Professional users mean a natural or legal person who purchases goods and services for purposes directly or indirectly attributable to any professional activity carried out.
Article 2: ACCEPTANCE OF THE SALES CONDITIONS
2.1 These general conditions are valid from the date and may be updated, integrated or modified, with future effect, at any time by RIALZI 4X4 EVO S.R.L., which will notify them through the pages of the website; the conditions provided in the preamble are an integral and essential part of this contract.
2.2 All contracts will be concluded directly by the consumer, client or professional user accessing the website corresponding to the address www.rialzi4x4evo.store, where they can, in fact, conclude the contract for the purchase of the desired good and/or product by carefully following the instructions and procedures provided.
2.3 These general conditions of sale must be examined "online" before completing the purchase procedure. The submission of the order confirmation therefore implies full knowledge of them and their full acceptance.
2.4 The client or professional user, by electronically submitting the confirmation of their purchase order, unconditionally accepts and undertakes to observe, in their relations with RIALZI 4X4 EVO S.R.L., the general and payment conditions illustrated below, declaring to have read and accepted all the information provided by them pursuant to the aforementioned regulations, also acknowledging that RIALZI 4X4 EVO S.R.L. is not bound by different conditions unless previously agreed in writing.
2.5 Sales operations are regulated for the consumer by the provisions of Legislative Decree no. 185 of 22 May 1999, while privacy protection is subject to the provisions of Legislative Decree 30 June 2003, no. 196, and subsequent amendments and additions.
Article 3: SALE PRICES AND PURCHASE METHODS
3.1 The products, prices and sales conditions present on the website www.rialzi4x4evo.store - within the limits of their availability - constitute a public offer for the consumer and, therefore, require, for the conclusion of the contract, the acceptance of the same consumer, manifested by the exact completion of all sections and online adherence, following the instructions on the screen and, finally, selecting and, therefore, accepting the boxes with the words ACCEPTANCE OF SALES CONDITIONS and PRIVACY LAW.
3.3 In any case, the total cost of shipping to the customer's home is borne by the customer.
3.4 In the hypothesis sub 3.2, the irrevocable purchase proposal is perfected by the exact compilation and consent to the purchase manifested through "online" adhesion, following the instructions on the screen and, finally, selecting and, therefore, accepting the boxes with the words ACCEPTANCE OF SALES CONDITIONS and PRIVACY LAW.
3.5 All customers can pay for the ordered goods using the payment methods indicated "online" at the time of purchase.
3.6 The prices of the different types of transport refer to the volumetric weight, the delivery destination and/or any other requested services (insurance, delivery times, etc.).
3.7 In the case sub 3.2, the receipt of the order does not commit RIALZI 4X4 EVO S.R.L. until the latter has expressly accepted the order itself with a written act or with the shipment of the goods.
3.8 The buyer expressly grants RIALZI 4X4 EVO S.R.L. the right to accept even only partially the order placed, allowing it to directly ship the goods within the limits determined by the seller. In this case, the contract will be considered perfected in relation to the goods actually sold.
Article 4: DELIVERY METHODS
4.1 RIALZI 4X4 EVO S.R.L. will deliver the selected and ordered products to customers, at the address indicated by them, in the manner provided for in the previous article, by courier.
4.2 In the event that payment is made by credit card, delivery must necessarily take place at the cardholder's address, as declared to the issuer.
4.3 The purchased goods will be delivered within the terms provided for by art. 6 Legislative Decree 185/1999. No responsibility can be attributed to the supplier for delayed or non-delivery due to causes of force majeure or unforeseeable circumstances.
4.4 The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after this verification, and without prejudice to the right of withdrawal provided for in point no. 8, the customer must sign the delivery documents. The right of withdrawal is obviously excluded where the goods sold are "made to measure" for the customer.
4.5 RIALZI 4X4 EVO S.R.L. is not responsible for damages or delays in delivery caused by the carrier to the purchased products, remaining totally unrelated to the relationship between the carrier and the customer.
4.6 The customer may choose another carrier, it being understood that in this case the transport will take place at their exclusive risk, care and expense, and that payment cannot be made on delivery, but, in addition to the other methods indicated on the site, by advance payment.
Article 5: PRODUCT AVAILABILITY
5.1 The customer can purchase the products under the conditions indicated in the electronic catalog prepared by RIALZI 4X4 EVO S.R.L.
5.2 RIALZI 4X4 does not guarantee the continuous availability of the products under the offered conditions, committing itself, in case of unavailability and payment for the goods, to promptly inform the customer and to refund the price without additional charges, within 30 days.
5.3 In any case, RIALZI 4X4 EVO S.R.L. will have the right to confirm and/or modify the indicated price and in this case the consumer may withdraw before delivery if the final price is excessively high compared to the originally agreed price.
Article 6: LIABILITY
6.1 RIALZI 4X4 EVO S.R.L. assumes no responsibility for disruptions attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, the execution of the contract within the agreed times.
6.2 RIALZI 4X4 EVO S.R.L. will not be liable to any party or third parties for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, the consumer being entitled only to the refund of the price paid.
6.3 RIALZI 4X4 EVO S.R.L. is not responsible for any fraudulent and unlawful use that may be made by third parties, of credit cards, checks and other means of payment, at the time of payment for the purchased products. RIALZI 4X4 EVO S.R.L., in fact, at no time during the purchase procedure is able to know the buyer's credit card number which, by opening a secure connection, is transmitted directly to the manager of the banking service.
6.4 RIALZI 4X4 EVO S.R.L. is also unable to know the data provided to the financier, given that at the time of choosing this payment method, a secure connection is opened to the buyer, transmitted directly to the financier himself.
Article 7: WARRANTIES AND ASSISTANCE METHODS
7.1 At the time of the order and, in any case, before the conclusion of the contract, at the consumer's request, RIALZI 4X4 EVO S.R.L. will communicate the warranty conditions.
7.2 In the event that an intervention covered by the warranty is necessary, and the purchase was made by a consumer, the transport costs to RIALZI 4X4 EVO S.R.L. and those of return to the applicant's home will be borne by the customer, unless otherwise specified in the return form, which must be completed, signed and delivered together with the goods.
7.3 In case of lack of conformity, the rules set forth in articles 1519 - bis et seq. of the civil code will apply.
Article 8: OBLIGATIONS OF THE BUYER
8.1 The consumer undertakes and is obliged, once the "online" purchase procedure is completed, to print and store these general conditions, which, moreover, will have already been viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in articles 3 and 4 of Legislative Decree no. 185/1999.
8.2 These general conditions may be updated or modified at any time by RIALZI 4X4 EVO S.R.L., which will provide notice through its website. The consumer undertakes and is obliged, whenever there is a change to these general conditions, to print and store them.
8.3 The buyer is strictly forbidden to enter false, and/or invented, and/or fictitious data, in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; the personal data and email must be exclusively their own real personal data and not those of third parties, or fictitious.
8.4 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. RIALZI 4X4 EVO S.R.L. reserves the right to legally pursue every violation and abuse, in the interest and for the protection of all consumers.
8.5 The Customer indemnifies RIALZI 4X4 EVO S.R.L. from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the Customer, the Customer being solely responsible for the correct entry.
Article 9: RIGHT OF WITHDRAWAL
9.1 Pursuant to art. 5 of Legislative Decree 22 May 1999, no. 185, the consumer client can exercise the right of withdrawal, with the exception of "made to measure" goods, by returning the received goods in their original packaging, without tampering with any guarantee seal or simple opening and/or deterioration of the external packaging, and obtaining a refund of the price paid.
9.2 Unless it concerns personalized products (lift kits), or the other exclusions referred to in art. 59 of the Consumer Code, the consumer who for any reason is not satisfied with the purchase made has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 working days starting from the day of receipt of the purchased goods. The right of withdrawal must be exercised in compliance with the mandatory conditions established by the manufacturing companies and the right of withdrawal can be exercised provided that the goods have not been used. The right of withdrawal in question is applicable only to spare parts; therefore, all lift kits are to be considered excluded.
9.3 All costs of returning the products are borne by the customer who, directly or through other means, will arrange for their delivery to the seller's domicile; all items must arrive in the same condition as received, provided with the original packaging and any manuals and/or instruction booklets that are part of the package and the original packaging; the return of goods by other means is not allowed.
9.4 To exercise the right of withdrawal, the customer must, within the aforementioned period, send a registered letter with return receipt to the following address: RIALZI 4X4 EVO S.R.L. via Gove 12, 51010, Marliana. Within the same period, a telegram or fax may be sent, which must be followed within 48 hours by the aforementioned registered letter with acknowledgment of receipt to confirm the manifest withdrawal.
9.5 RIALZI 4X4 EVO S.R.L. will accept the returned goods, reserving the right to ascertain that the products have been returned in their original state; only in this case will it forward the amount paid by the consumer for the purchase of the products.
9.6 The transport costs incurred for the delivery of the product to the customer and for any redelivery to RIALZI 4X4 EVO S.R.L. are not refundable.
Article 10: AUTHORIZATIONS
10.1 By filling in the appropriate space on the website, the Customer authorizes RIALZI 4X4 EVO S.R.L. to use their credit card, or another card issued in its place, and to debit their current account in favor of RIALZI 4X4 EVO S.R.L. the total amount shown as the cost of the "online" purchase. The entire procedure is carried out via a protected connection directly connected to the bank that owns and manages the "online" payment service, which RIALZI 4X4 EVO S.R.L. cannot access.
10.2 If the consumer exercises the right of withdrawal, as set out in point 9 of these general conditions, or in any case where the payment does not result in the completion of the sale, the amount to be refunded will be credited to the same credit card.
Art.11: CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
11.1 RIALZI 4X4 EVO S.R.L. has the right to terminate the stipulated contract by simply notifying the customer and indicating the reason; in this case, the customer will only be entitled to the return of any sum already paid.
11.2 The obligations assumed by the customer as per art.8 (Buyer's Obligations), as well as the guarantee of successful payment, are essential, so that by express agreement, the customer's non-fulfilment of even one of these obligations will result in the legal termination of the contract ex art.1456 c.c., without the need for a judicial pronouncement, without prejudice to the right of RIALZI 4X4 EVO S.R.L. to take legal action for further damages.
Art. 12: PRIVACY
12.1 Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications; such data is processed electronically in compliance with current laws and can only be shown at the request of the judicial authority or other authorities authorized by law for this purpose.
12.2 Personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disseminated exclusively within the scope of this purpose.
12.3 The interested party enjoys the rights set out in art.13 of D.P.R. n.196 of June 30, 2003 and subsequent amendments and additions, namely: to request confirmation of the existence of their personal data at the RIALZI 4X4 EVO S.R.L. headquarters; to know their origin, logic and purpose of their processing; to obtain their updating, rectification and integration; to request their cancellation, transformation into anonymous form or blocking in case of unlawful processing; to oppose their processing for legitimate reasons or in the case of using the data for sending advertising material, commercial information, market research, direct sales and interactive commercial communication.
12.4 The rights deriving from privacy regulations and the information obligations arising from them for RIALZI 4X4 EVO SRL are examined "on line", before the completion of the purchase procedure. The submission of the order confirmation therefore implies full knowledge of the same. The customer or professional user, by electronically submitting the confirmation of their purchase order, declares to have been informed of all their rights under the aforementioned rules.
12.4 The owner and manager of the collection and processing of personal data is RIALZI 4X4 EVO SRL,
12.5 RIALZI 4X4 EVO S.R.L. informs customers that there is a particular risk of network security breach, a risk that may also arise, due to the particular nature of the means used, outside the scope of the minimum security measures that it is required to adopt in accordance with current legislation.
12.6 RIALZI 4X4 EVO S.R.L. disclaims all liability for damages to property or third parties on municipal, provincial, state roads, due to breakage of sold materials or lift kits due to incorrect use as they are for off-road use.
12.7 Disclaimer
The customer releases the company from any civil/criminal liability deriving from the use of non-approved products purchased here, at the same time affirming that the vehicle equipped with said products will be used only for competitive/sporting competitions or for use on a closed circuit not open to the public.
12.8 Integrity
These general conditions of sale are constituted by the totality of the clauses that compose them. If one or more provisions are deemed invalid by an authority having jurisdiction, the other clauses will continue to have full force and effect.
WARRANTY - RETURNS - CANCELLATIONS
The right of withdrawal is valid within and no later than 14 days from the receipt of the goods and used or tested products are not accepted.
The right of withdrawal is exercised by sending a written communication to our headquarters by registered letter with acknowledgment of receipt within ten days. It is possible to send the communication, within the same term, also by telegram or email, provided that it is confirmed by registered letter with acknowledgment of receipt within forty-eight hours.
The return shipment is at the expense of the buyer.
The warranty also immediately lapses when modifications to the product are made by the customer.
In case of a refund request, as these are handcrafted and custom-made products, Rialzi4x4Evo reserves the right to retain 50% of the order amount to cover handling costs.
Pro Raid Lift Kit Production Times
Please note that Pro Raid Lift Kits are made to order. Production times may take up to 4 months from the order date.
Due to the customized nature of this product, it is not possible to cancel or modify the order once confirmed. By making the purchase, the customer explicitly accepts these conditions.
The Buyer cannot exercise this right of withdrawal for contracts for the purchase of custom-made or clearly personalized products or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly.
The only costs due by the consumer for exercising the right of withdrawal according to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them. In case of a refund, Rialzi4x4Evo reserves the right to retain 40% of the order amount to cover production and handling costs (art. 59, letter c) of the Consumer Code.
All products purchased through our website are covered by the manufacturer's warranty. Defective products will be immediately replaced with new products. All this, of course, completely free of charge. The warranty is immediately voided when damage is caused by the Customer or modifications are made by the Customer.
Competent court
For civil disputes relating to the application of these general contract conditions, the court of the place of residence or domicile of the customer-consumer is competent; in all other cases (customers with a VAT number or who do not have residence or domicile in Italy) the court of Pistoia is elected as the competent court.
Privacy
The Customer authorizes the processing of their personal and sensitive data, exclusively for the purposes of the execution of these general contract conditions, which will be regulated and protected in accordance with legislative decree no. 196/2003.
Buyer's obligation
The Customer undertakes and obliges, upon completion of the purchase procedure on the Site, to print and store these general contract conditions.
The Customer declares herein to have viewed and accepted these general contract conditions before completing the purchase.
Exclusions
The Customer-consumer acknowledges that consumer protection regulations do not apply in the case of purchases with a value of less than € 50.00 (fifty euros/00)
