Terms of sale
1 - Characteristics of the service
The products on the site www.santilliteam.itthey are cataloged and published in the appropriate categories by the staff of Santilli Alvaro. Some products can be displayed in multiple categories as they are compatible for multiple models
The products displayed on the site are accompanied by a brief technical description and are always accompanied by their selling price including taxes and duties.
Shipping costs are calculated at the end of the order, at the time of payment.
The pages of the Santilli Alvaro website can be freely consulted by any single registered or unregistered user.
Santilli Alvaro remains entitled to expand or restrict the number of categories present in this e-commerce, enrich the description of the products with technical information, create promotional sales campaigns through discounts and special offers.
2 - Subject of the general conditions of online sale - identification of the seller
The general conditions of on-line sale have as their object only the products included in the site www.santilliteam.it.
These products are divided into three main categories
· Lotus Cars original parts
· Lotus Cars used parts
· Accessories and modifications for racing cars
· New spare parts and accessories for historic cars
· Used spare parts and accessories for historic cars
All the accessories in the “Upgrades” section (accessories and modifications for racing cars) deal exclusively with components for racing cars or for sporting purposes / track days, the use of which is prohibited in road circulation.
Santilli Alvaro relieves itself of any responsibility regarding the incorrect or unauthorized use of the spare parts sold.
The products purchased on http://www.santilliteam.it are sold directly by Santilli Alvaro, based in Via Giuseppe Sacconi 28- Perugia (PG) – C.A.P.06135 – Italia, P.I. e C.F 00324350545 – CF SNTLVR42T26G478E tel. 0755287502 – Fax 0755298462 – mail: firstname.lastname@example.org
Santilli Alvaro is able to supply new car spare parts for Lotus Cars as Lotus Service Perugia, a Lotus dealer in collaboration with Lotus Rome.
3 - Conclusion of the product sales contract
To propose the conclusion of the purchase contract for one or more products on the Site http://www.santilliteam.it, the User / Customer must follow the purchase procedure proposed by the Site, which will be sent by Santilli Alvaro confirmation of the successful acquisition of the order.
The User / Customer will subsequently receive the purchase order confirmation from Santilli Alvaro via e-mail: this communication will contain information relating to the essential characteristics of the product and a detailed indication of the price as well as a summary of the general conditions and those details applicable to the sales contract with particular reference to prices, means of payment, costs and terms of shipping and delivery as well as applicable taxes.
The contract is concluded, pursuant to art. 1327 cc, at the time when Santilli Alvaro supplies the products in accordance with the Incoterm 2010 EXW clause or that from time to time indicated to the User / Customer through the purchase order confirmation.
If the products presented on the Website http://www.santilliteam.it are no longer available or on sale at the time the order form is sent, it will be Santilli Alvaro's responsibility to notify the User / Customer, within thirty (30) days starting from the day following that in which the User / Customer will have sent his order to Santilli Alvaro, any unavailability of the products ordered, without this resulting in any liability for Santilli Alvaro. In the event that the User / Customer has made the advance payment, Santilli Alvaro will refund within days. 15 from the expiry of the 30-day term provided above for the notification of the unavailability of the ordered products.
4 - Acceptance of the general conditions
With the electronic transmission of the order form, the User / Customer declares to know and unconditionally accept and undertakes to observe, in relations with Santilli Alvaro, the general conditions of sale.
By submitting the order form, the User / Customer also confirms that he is aware of and unconditionally accepts the additional information contained in http://www.santilliteam.it, including the general conditions of use of the Site.
Once the purchase procedure has been completed, the User / Customer is required to print and keep a copy of the general conditions, the order form and the confirmation of the purchase order; the printing and copying of the aforementioned documents also assumes the function of making a future reference for further purchases, as well as having the User / Customer verify any subsequent changes.
The User / Customer is required not to enter false or invented data, pseudonyms, nicknames and the like; the personal and fiscal data as well as the e-mail box that you will provide when placing the order must be exclusively personal and in no case referring to third parties.
It is also expressly forbidden for minors to make purchases on the Site.
5 - Price of products on the Site
The sale price of the products is defined unilaterally and, with respect to what is indicated on the Site, without any obligation on Santilli Alvaro, which reserves the right to implement, whenever it deems it appropriate, the price changes at the time of completion. of the contract pursuant to art. 1327 cc.
The sales prices contained in the "new spare parts" section are to be considered exclusive for the online purchase of the spare part and do not in any way constitute a price reference for activities other than those purchased on the portal http://www.santilliteam.it , are aimed exclusively at private customers and do not constitute a reference for quotes for companies, workshops, body shops and insurance appraisals.
The quote is considered valid only after approval and signature of the applicant, the order is processed only after the payment of an advance fee or the total of the quote itself.
6 - Terms and means of payment of the price
The payment of the price must be made within the terms and with the means provided by the procedure included in the website.
In the absence of a different option allowed by the aforementioned procedure, the payment is immediate, upon order, and to be made through the payment system included in the site's purchase procedures.
Special agreements for payments with different terms and means can only be agreed with a separate agreement.
7 - Express termination clause - Penalty for non-payment or delayed payment of the price
In all cases in which the full payment of the price is not made in advance and the payment terms indicated in the order confirmation are not respected, Santilli Alvaro will have the right to: suspend the execution of the contract, consider it resolute, withhold products not yet delivered and transfer them to third parties by collecting the price, withholding - as a penalty, without prejudice to compensation for further damage - the amount already paid by the User / Customer.
8 - Shipping and delivery terms and limitation of liability
The sale of the products is carried out with the agreement of the Incoterm 2010 EXW condition.
The option of collection and delivery by courier is carried out at the choice, burden and risk borne by the User / Customer who constitutes Santilli Alvaro as agent for the mere delivery of the products to the courier.
The shipping and delivery terms indicated in the purchase order confirmation are purely indicative and not binding and do not constitute a source of liability for Santilli Alvaro.
In any case, Santilli Alvaro is not liable for any inefficiencies, delays or omissions in deliveries, attributable to unforeseeable circumstances or force majeure.
The hypothesis that Santilli Alvaro's suppliers do not deliver or deliver the products in time not useful to the latter falls within the cases of force majeure.
The aforementioned liability is also excluded in the event of fires, explosions, strikes, earthquakes, floods and other similar events that could prevent the execution of the contract in the ways and times provided for by these general conditions and by law.
If then, without prejudice to the hypothesis of willful misconduct or gross negligence, Santilli Alvaro's responsibility for the incorrect fulfillment of its contractual obligations should be ascertained, it is agreed from now on that it cannot in any case exceed the value of the products purchased by User / Customer, for whom the dispute arose.
9 - Time of transfer of ownership of the product - Returns
The right of ownership of the products purchased on this Site is transferred to the User / Customer at the time of the conclusion of the contract pursuant to art. 1327 cc.
The possibility of returns is not envisaged except for the cases, within the limits and under the conditions, referred to in the following art. 11.
If, other than the aforementioned cases, Santilli Alvaro authorizes returns, this must be done in writing under penalty of nullity and the return thus authorized will be accepted only on condition that the returned products are intact, free from damage and wear, complete with original packaging. intact and complete documentation. The costs of transport and shipping as well as the risks of perishing, theft, loss and damage of the products until they are returned to the Santilli Alvaro headquarters will be the sole responsibility of the User / Customer.
10 - Applicable law
The general conditions of use of the Site and the general conditions of sale contained in https://www.santilliteam.itare fully regulated by Italian law.
11 - Contracts concluded with consumers - Right of withdrawal
Exclusively to contracts concluded with Users falling within the definition of consumer pursuant to Legislative Decree n. 206 of 2005, the discipline referred to in Legislative Decree same. In particular, the consumer has the right of withdrawal governed by articles. 64- 67 of Legislative Decree. 206/2005.
The right of withdrawal may be exercised no later than 10 working days from the date of receipt of the products, by means of a communication to be sent to the Santilli Alvaro office by registered letter with acknowledgment of receipt. The communication can be sent, within the same term, also by telegram, telex, e-mail and fax, provided that it is confirmed by registered letter with acknowledgment of receipt within the following forty-eight hours; the registered letter is considered to have been sent in good time if delivered to the accepting post office within the terms provided by the code or by the contract, where different. The acknowledgment of receipt is not, however, an essential condition for proving the exercise of the right of withdrawal. With the receipt by Santilli Alvaro of the aforementioned withdrawal notice, the parties are released from their respective obligations deriving from the contract or from the contractual proposal, without prejudice to the hypothesis in which the obligations themselves have in the meantime been fully or partially fulfilled. , the following additional obligations:
- if the goods have been delivered, the consumer is required to return them to Santilli Alvaro, at the latter's headquarters, no later than ten working days from the date of receipt of the goods. For the purposes of the expiry of the term, the goods are considered returned when they are delivered to the accepting post office or to the forwarder.
- the products must be returned intact, free of wear and damage, complete with original intact packaging and attached documentation. This is an essential condition for exercising the right of withdrawal;
- the costs for exercising the right of withdrawal are borne by the consumer and among these, in particular, the direct costs of returning the goods to the sender.
12 - Contracts for the supply of special products
Any supplies of special products, being understood as such
- those not included among those included in the site;
- those inserted on the site but modified and / or adapted and / or made to measure on request and on the specifications of the User / Customer;
- those made on request and / or on specifications and / or tailored to the User / Customer,
will take place at the price and terms agreed from time to time.
The same, even if directed to a subject having the status of "consumer" pursuant to Legislative Decree 206/2005, will not be subject to the regulations provided for by the Legislative Decree in question, including, in particular, that relating to the right of withdrawal nor, consequently, the previous art. 11.
13 - Exclusive fora
For the definition of both the disputes concerning the existence, the forfeiture and the claim of the right of ownership of the Santilli Alvaro trademark and the disputes referred to in art. 134 of the Legislative Decree 10 February 2005, n. 30 and, therefore, with the express exclusion of the cases that do not interfere, even indirectly, with the exercise of industrial and intellectual property rights, which are governed, for the purpose of identifying the territorially competent court, in the following paragraph, is competent in via the exclusive court of Perugia, with express waiver of the competence of any other court, even if optional.
For any other dispute that may arise regarding the validity, interpretation, execution and application of this agreement and any related additional and / or amending and / or implementing agreements, including contractual claims for compensation and / or non-contractual as well as all cases that do not interfere, even indirectly, with the exercise of industrial and intellectual property rights, the Court of Perugia is exclusively competent, with express waiver of the competence of any other Court, even if optional.
Without prejudice to the provisions of the preceding paragraphs, for the definition of disputes that may arise due to passive disputes in which Santilli Alvaro was evoked in court by consumers, as identified by Legislative Decree 206 of 2005 and its subsequent amendments, with regard to the products sold through the Site, the Court of the place where Santilli Alvaro will be summoned is exclusively competent, with express waiver of the competence of any other Court, even if optional. , including the court referred to in the previous paragraph.