Terms and conditions

TERMS AND CONDITIONS

 

PART A

  • GENERAL CONDITIONS OF SALE FOR PROFESSIONALS AND COMPANIES
    • Object and conclusion of the contract
    • Applicable legislation
    • Warranty for professionals and enterprises
  • GENERAL CONDITIONS OF SALE FOR PRIVATE CONSUMERS
    • Object and conclusion of the contract
    • Warranty for private consumers

PART B

  • AREA KART WARRANTY, GENERAL OBLIGATIONS DUE TO INHERENT DEFECTS

PART C

  • OTHER GENERAL INFORMATION
    • DATA PROCESSING
    • CUSTOMER’S OBLIGATIONS
    • ORDER DEFINITION
    • METHOD OF PURCHASE
    • PAYMENT
    • PRODUCT DELIVERY
    • RIGHT OF WITHDRAWAL
    • METHODS TO EXERCISE THE RIGHT OF WITHDRAWAL
    • EXPRESS TERMINATION CLAUSE
    • COMPLAINTS
    • APPLICABLE LAW AND JURISDICTION
    • REFERENCES

 

 

 

Part A

 

GENERAL CONDITIONS OF SALE FOR PROFESSIONALS AND ENTERPRISES

 

  • Object and conclusion of the contract

These conditions regulate the direct sale of goods by RGMTECH S.r.l. through the application available on the company’s web site.

 

The conclusion of the contract is subject to the subscription and registration of the customer by electronic means in the company’s database, the provision of all the useful data of the same for the billing and delivery of the goods and the acceptance of these conditions. Following registration, the buyer will be able to identify the good or goods he intends to purchase and forward the request to RGMTECH S.r.l. which reserves the right to suspend or terminate at any time the publication and updating of the catalogue of goods for sale, as well as the right to modify it in whole or in part at its sole discretion and without any prior notice. The trademarks and other distinctive signs included in the online catalogue are the property of their respective owners or of RGMTECH S.r.l. which prohibits all reproduction, including partial reproduction. The conclusion of the contract is in any case subject to the final and unquestionable approval of RGMTECH S.r.l. which, in case of non-acceptance, must notify the buyer, in the forms it deems most appropriate, within 20 days of sending the order; in the absence of communications within the aforementioned term, the contract is deemed concluded. RGMTECH S.r.l. is free not to accept orders at its sole discretion, and excludes any contractual or extra-contractual liability for direct or indirect damages possibly caused by the non-acceptance, even partial, of an order. RGMTECH S.r.l. assumes the supply obligations exclusively for the goods indicated in the order. Any changes requested by the buyer after sending the request must be submitted in writing and will be subject to a new acceptance by the seller, who may, due to the requested changes, vary delivery dates and prices with respect to the original order. It should be noted that any clause or condition added by the customer in the order, in the mailed documents or elsewhere is invalid and ineffective unless specifically accepted in writing by RGMTECH S.r.l.

 

The order confirmation cannot in any way be interpreted as an implicit acceptance of conditions or clauses contained in the order or elsewhere, unless expressly specified in the confirmation itself along with the willingness of RGMTECH S.r.l. to accept them. The sales contract is concluded only after the order confirmation received from RGMTECH S.r.l. under the terms indicated above to the specified e-mail address or, failing that, to the address of residence and/or domicile or by fax. The sales contract is governed by these general conditions, which are an integral and substantial part of the sales contract, even if not expressly referred to in the order and/or order confirmation.

 

 

  • Applicable legislation

 

These General Conditions govern the sale of products marketed by RGMTECH S.r.l. exclusively to customers who act in the context of their own entrepreneurial, commercial, craft or professional activity. The Customer, by accepting these General Conditions, therefore declares and acknowledges that the purchase of the products is inherent in the entrepreneurial, commercial, craft or professional activity carried out, with consequent inapplicability to the sales contract of the provisions of the law of the Italian Legislative Decree n. 206/2005, of the Italian Legislative Decree. n. 185/1999 and other legal provisions related to consumer protection

 

  • Warranty for professionals and enterprises

 

The buyer is required to immediately check the condition of the delivered goods and their packaging, as well as its actual correspondence to the goods ordered, by sending, if necessary, immediate written notification on the Transport Document under the item: “NOTES” and accepting the goods “WITH RESERVATION”, placing this wording on the courier's receipt when signing for acceptance. Even if the packaging is intact, the goods must be diligently checked by the customer, and any visible defects and non-conformities (and therefore reasonably recognizable) of the goods must, under penalty of forfeiture of the warranty, be notified in writing to the RGMTECH Srl, no later than 8 (eight) calendar days from the date of delivery.

 

The buyer acknowledges that in the case of consumables, the goods sold are subject to wear as a result of their use.

 

The warranty is valid for a maximum period of 12 months.

 

The parties agree that the supply of the material is guaranteed in compliance with the general warranty conditions provided for by the civil code. The warranty on the goods loses validity if the buyer, without the prior written authorization of RGMTECH S.r.l., has tampered with the same directly and/or has requested to third parties or assembly and/or disassembly the goods and/or to replace parts of them.

 

If the warranty is valid, the Customer will have the right to receive a replacement of the damaged products only and exclusively upon the return of the same in the same conditions in which they were shipped; the Customer's right to compensation for any further damage is excluded. If the goods are returned by the buyer to the seller company, the former must guarantee perfect packaging, assuming all responsibility in case of damaging the goods during transport. The warranty does not provide for any type of reimbursement for labour and consumable costs and/or any other ancillary expenses.

 

Any compensation for any damage to the buyer may not in any case exceed the value of the defective product sold.

 

Except in the case of wilful misconduct or gross negligence of the seller, the latter will not be liable towards the buyer for any damage or loss suffered by the buyer as a result or as a consequence of any action of warranty by a final consumer of the Products or of a compensation claim by a different intermediary in the distribution contract chain or any other intermediary. For this purpose, the buyer waives any action or right of recourse against the seller (ref. art. 131 Consumer code).

 

The warranty offered for defects is not effective when:  the documents attached to the proof of purchase from RGMTECH S.r.l. are altered or illegible; the request will be processed only if the returned package includes the invoice (or the advice note) and the order confirmation form;  the codes or serial numbers of the product are altered, removed or illegible;  the product was not installed by professional, specific and authorized operators;  the product was repaired or tampered with by unauthorized personnel before RGMTECH S.r.l. having the chance to make the technical verification;  the result of the technical verification shows that the product’s default is caused by the negligence or carelessness during installation and/or use and/or maintenance;  the product, considered defective by the buyer and returned to RGMTECH S.r.l., arrives at the RGMTECH S.r.l. office without suitable packaging;  in any case in which the defects are not related to defects in production, manufacturing, packaging or storage of the product.

 

 

GENERAL CONDITIONS OF SALE FOR PRIVATE CONSUMERS

 

  • Object and conclusion of the contract

 

The trademarks and other distinctive signs included in the online catalogue are the property of their respective owners or of RGMTECH S.r.l. which prohibits all reproduction, including partial.

 

The conclusion of the contract is in any case subject to the final and unquestionable approval of RGMTECH S.r.l. which, in case of non-acceptance, must notify the buyer, in the forms it deems most appropriate, within 20 days of sending the order; in the absence of communications within the aforementioned term, the contract is deemed concluded.

 

RGMTECH S.r.l. is free not to accept orders at its sole discretion, and excludes any contractual or extra-contractual liability for direct or indirect damages possibly caused by the non-acceptance, even partial, of an order.

 

RGMTECH S.r.l. assumes the supply obligations exclusively for the goods indicated in the order. Any changes requested by the buyer after sending the request must be submitted in writing and will be subject to a new acceptance by the seller, who may, due to the requested changes, vary delivery dates and prices with respect to the original order.

 

It should be noted that any clause or condition added by the customer in the order, in the mailed documents or elsewhere is invalid and ineffective unless specifically accepted in writing by RGMTECH S.r.l.

 

The order confirmation cannot in any way be interpreted as an implicit acceptance of conditions or clauses contained in the order or elsewhere, unless expressly specified in the confirmation itself along with the willingness of RGMTECH S.r.l. to accept them.

 

The sales contract is concluded only after the order confirmation received from RGMTECH S.r.l. under the terms indicated above to the specified e-mail address or, failing that, to the address of residence and/or domicile or by fax.

 

The sales contract is governed by these general conditions, which are an integral and substantial part of this sales contract, even if not expressly referred to in the order and/or order confirmation.

 

  • Warranty for private consumers

 

The signing by the Customer of the transport document of the carrier implies the full acceptance of the goods delivered as regards, for example, the packaging, the number of packages received, the correspondence between products ordered and delivered products, the integrity and external characteristics of products.

 

The buyer is required to immediately check the condition of the delivered goods and their packaging, as well as its actual correspondence to the goods ordered, by sending, if necessary, immediate written notification on the Transport Document under the item: “NOTES” and accepting the goods “WITH RESERVATION”, placing this wording on the courier's receipt when signing for acceptance. Even if the packaging is intact, the goods must be diligently checked by the customer, and any noticeable defects and non-conformities (and therefore reasonably recognizable) of the goods must, under penalty of forfeiture of the warranty, be notified in writing to the RGMTECH Srl, no later than 8 (eight) calendar days from the date of delivery.

 

The parties agree that the warranty for the supply of the material is in any case limited to 12 months.

The warranty on the goods loses validity if the buyer, without the prior written authorization of RGMTECH S.r.l., has tampered with the same directly and/or has requested to third parties or assembly and/or disassembly the goods and/or to replace parts of them.

 

If the warranty is valid, the Customer will have the right to receive a replacement of the damaged products upon the return of said products; the Customer's right to compensation for any further damage is excluded. If the goods are returned by the buyer to the seller company, the former must guarantee perfect packaging, assuming all responsibility in case of damaging the goods during transport. The warranty does not provide for any type of reimbursement for labour and consumable costs and/or any other ancillary expenses.

 

 

The warranty for defects is not effective when:

  • the documents attached to the proof of purchase from RGMTECH S.r.l. are altered or illegible; the request will be processed only if the returned package includes the invoice (or the advice note) and the order confirmation form;
  • the codes or serial numbers of the product are altered, removed or illegible;
  • the product was repaired or tampered with by unauthorized personnel before RGMTECH S.r.l. having the chance to make the technical verification;
  • the result of the technical verification shows that the product’s default is caused by the negligence or carelessness during use;
  • the product, considered defective by the buyer and returned to RGMTECH S.r.l., arrives at the RGMTECH S.r.l. office without suitable packaging;
  • in any case in which the defects are not related to defects in production, manufacturing, packaging or storage of the product.

 

Part B

 

AREA KART WARRANTY, GENERAL OBLIGATIONS DUE INHERENT DEFECTS

 

  1. RGMTECH S.r.l. is responsible for any potential inherent defect and/or production flaw which is detected within 15 days of delivery of the goods, excluding the goods for the Kart Racing area as specified in paragraph 2.

 

For the purposes of this contract it is assumed that these consumer goods comply with the contract if the following circumstances coexist, where applicable:

 

  1. a) they are suitable for the use for which goods of the same type are normally used;

 

  1. b) they reflect the description made by the seller;

 

  1. c) they provide the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, in particular in advertising or on labels;

 

  1. d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has also accepted for conclusive facts.

 

The consumer loses all rights if he fails to report the inherent defect to the seller within 3 days from delivery. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.

 

 In the event of an inherent defect, the consumer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to be fulfilled or is excessively burdensome for RGMTECH Srl pursuant to art. 130, paragraph 4, of the Italian Consumer Code. The request must be sent in writing, by registered mail with acknowledgement of receipt or by certified e-mail to rgmtech@pec.rgmtech.it , which will express its willingness to process the request, or the reasons that prevent it from doing it, within 7 working days of receipt.

 

In the same communication, if RGMTECH S.r.l. has accepted the consumer's request, RGMTECH S.r.l. must indicate the method of shipping or returning the goods as well as the deadline for the return or replacement of the defective goods. If the repair and replacement are impossible or excessively expensive, or RGMTECH S.r.l. has not repaired or replaced the goods within the term referred to in the previous section or, finally, if the replacement or repair previously carried out has caused significant inconvenience to the consumer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract.

 

In this case, the consumer will have to send his request to RGMTECH S.r.l., which will indicate his willingness to proceed with it, or the reasons that prevent them from doing so, within seven working days of receipt. In the same communication, if RGMTECH S.r.l. has accepted the consumer's request, RGMTECH S.r.l. must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the consumer's responsibility to indicate the methods for reimbursing the amounts previously paid to RGMTECH S.r.l..

 

  1. For all the products of the Kart Racing area used during a competition, once they are mounted the warranty becomes void automatically, as they are subject to artisanal assembly and extreme use (by nature of the term COMPETITION).

 

Should any flaws and/or defects of the product appear, the buyer is required to notify rgmtech@rgmtech.it within 7 days from the event and, in any case, before assembly/use.

 

Furthermore, RGMTECH S.r.L. declines all responsibility for any changes made to the original technical characteristics. 

 

The seller is not liable for the inherent flaws of the goods supplied and for the defects deriving, even indirectly, from drawings, projects, information, software, documentation, indications, instructions, materials, semi-finished products, components, other material goods and anything else supplied, indicated or requested by the buyer or by third parties acting, in any capacity, on their behalf; the seller is also not liable for the inherent flaws and defects in materials, software, semi-finished products, components and any other product incorporated or not in the supply of the goods, supplied, indicated or requested by the buyer or by third parties acting, for any reason, on their behalf.

 

 Furthermore, the seller is not liable for inherent flaws of the goods supplied and for defects due to normal wear which, by their nature, are subject to rapid and continuous wear (e.g. gaskets, belts, brushes, fuses, etc.).

 

Likewise, the seller is not liable for flaws and defects caused by the non-compliance with the rules set out in the instruction manual and in any case by misuse or incorrect treatment of the goods. Neither is the seller liable for inherent flaws and defects resulting from the incorrect use of the goods by the buyer or from having made changes or repairs without the prior written consent of the seller.

 

Part C

OTHER GENERAL INFORMATION

 

DATA PROCESSING

 

RGMTECH S.R.L., pursuant to Art. 13 of the Italian Legislative Decree 196/2003, informs that the personal and fiscal data acquired also verbally in reference to the commercial relationships established, provided directly by the interested parties, or otherwise acquired in the context of the company's activity, will be processed in compliance with the aforementioned legislation, including the confidentiality obligations envisaged by these. In relation to the aforementioned, the rights referred to in Article 7 of the Italian Legislative Decree no. 196/2003 can be exercised.

 

CUSTOMER’S OBLIGATIONS

 

The Customer is required, before submitting their purchase order, to carefully read these general conditions of sale. The submission of the purchase order implies the full knowledge and acceptance of the above. Finally, the Customer is required, once the online purchase procedure has been completed, to print and keep these general conditions of sale, already acknowledged and accepted during the contract conclusion phase.

 

ORDER DEFINITION

 

By submitting the order online, the Customer sends RGMTECH S.R.L. a proposal to purchase the product and/or products included in the shopping cart. When the Customer submits an online order for the products placed in the shopping cart, he agrees to purchase them at the price and terms indicated in these General Conditions of Sale.

 

RGMTECH S.R.L. will notify the customer of the acceptance, order confirmation and payment.

 

 METHOD OF PURCHASE

 

The customer purchases the product, the characteristics of which are described online in the relative descriptive and technical sheets, at the price indicated therein, to which the delivery costs specified on the site are added. Before submitting the purchase order, the unit price of each selected product is summarized, together with the total cost in the event of the purchase of multiple products and the related shipping costs. Once the purchase order has been submitted, the customer will receive from RGMTECH S.R.L. an e-mail confirming the receipt of the purchase order and containing a reference to the general conditions of the contract and information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site. Following the approval of the Italian Law Decree of 4 July 2006 no. 223 “manovra bis” Art. 37 paragraphs 8 and 9, amended with the Italian Law 248 of 4 August 2006, which came into force on 12 August 2006, which reinstates the obligation to communicate the list of customers and suppliers when issuing an invoice, and of the Italian Law Decree 78 of 31 May 2010 converted in the Italian Law 122 of 30 July 2010, customers are required to communicate their VAT NUMBER and TAX CODE in the appropriate fields on the website.

 

PAYMENT

 

The customer can make the payment by one of the following methods listed below.

  • Payment by credit card: In the event that the consumer intends to pay by credit card, he can use the payment procedure with STRIPE, suitable for ensuring the confidentiality of the data provided by customers. For any information and further Legal Agreements the Customer can visit the web page stripe.com.
  • Payment by bank transfer: the payment by bank transfer can be made using the following bank details:

Bank IBAN code: IT 22 V 02008 23000 000106135227 – holder RGMTECH S.r.L.

 

In the event that the payment is made by bank transfer, the purchased goods will be shipped in the manner indicated in the following paragraph “Product Delivery”, to the address indicated by the customer, upon receipt of the payment, i.e. on average within two to five days after the transfer is completed (the timing varies according to the credit institution).To facilitate the process, the proof of payment together with your order number can be sent by e-mail to: rgmtech@rgmtech.it

 

PRODUCT DELIVERY

 

The purchased goods, along with the relevant invoice, are delivered by courier to the address specified by the Customer at the time of the online order. Any specific requirements must be notified by the customer to RGMTECH S.R.L.. In the event of non-delivery due to the absence of the recipient at the address indicated in the order, the courier will leave a notice and try again a second time; if the recipient is still absent, the goods will be returned to the sender.

 

 RIGHT OF WITHDRAWAL

 

In any case, the Buyer has the right to withdraw from this contract without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased goods.

In the event that the professional has not met the notification obligations regarding the existence, methods and times of return or withdrawal of the asset in case of exercising the right of withdrawal pursuant to art 52 of the Italian Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and runs from the day of receipt of the goods by the consumer.
If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt to the address: RGMTECH srl corso Pavia 49, 27029 VIGEVANO, ITALY or by electronic mail at rgmtech@rgmtech.it , provided that such communications are confirmed by sending a registered letter with return receipt to RGMTECH SRL, corso Pavia 49, 27029 VIGEVANO, ITALY within 48 (forty-eight) hours or by certified e-mail to rgmtech@pec.rgmtech.it.


For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that it is within the same terms. The delivery date to the post office or carrier will be valid between the parties.
The return of the goods must in any case take place no later than 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal conditions.

 

The Buyer cannot exercise this right of withdrawal for sales contracts regarding sealed audiovisual products or computer software, which have been opened by the same, as well as tailor made or clearly customized goods, or goods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, supply of newspapers, journals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional is unable to control and in any other case as provided for by Art. 55 of the Italian Consumer code.

The only expenses payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller.

The Seller will refund the full amount paid by the Buyer free of charge within 30 (thirty) days of receiving the notice of withdrawal.

After the receipt of the notice of withdrawal from the Buyer, the contracting parties are released from their mutual obligations, except as provided for in the previous paragraphs of this article.

 

 METHODS TO EXERCISE THE RIGHT OF WITHDRAWAL

 

The right of withdrawal is exercised by sending, within the aforementioned period, a written communication to the address of RGMTECH S.R.L. by registered letter with acknowledgment of receipt to the following address:  RGMTECH S.R.L. corso Pavia 49, 27029 VIGEVANO, ITALY or by certified e-mail to rgmtech@pec.rgmtech.it

 

If the goods have been delivered, the customer is required to return it to RGMTECH S.R.L. within 15 (fifteen) working days of delivery of the goods. The goods must be returned to RGMTECH S.R.L. complete with every part and any accessory or instruction manual and everything originally delivered to the customer, as well as in its original packaging. The returned product must be accompanied by a copy of the electronic receipt of the order. The costs of returning the goods to RGMTECH S.R.L. will be paid by the customer. If the right of withdrawal is exercised by the customer in accordance with the provisions contained in this clause, RGMTECH S.R.L. is required to reimburse the sums paid by the customer. In particular, RGMTECH S.R.L. will proceed free of charge to the transmission of the reimbursement order relating to the cost of the shipped goods including shipping costs within 30 (thirty) days from the date on which it became aware of the customer's exercise of the right of withdrawal. This operation will be carried out via Stripe refund where possible or by transferring the amount to the bank account indicated by the customer. RGMTECH S.r.l. has the right to reject any product returned by any means other than those specified above, as well as products for which the return costs have not been fully paid by the customer, or if the customer failed to comply with methods and times indicated for the notification of the exercise of the right of withdrawal.

 

EXPRESS TERMINATION CLAUSE

 

In the event of total or partial non-payment of the purchase price of the asset, RGMTECH S.R.L. reserves the right to terminate this contract pursuant to and for the purposes of Art. 1456 of the Italian Civil Code by sending a written notification to the customer's e-mail address.

 

COMPLAINTS

 

For any potential complaint or clarification the customer must write at rgmtech@rgmtech.it

 

The customer will be contacted within 3 (three) working days of the request.

 

APPLICABLE LAW AND JURISDICTION

 

All disputes arising from this contract will be deferred to the Mediation Body of the Pavia Chamber of Commerce for a conciliation attempt, and settled according to the Conciliation Regulations adopted by the same.


If the Parties intend to appeal to the ordinary Judicial Authority, the competent court is the court of the consumer's place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, letter u) of the Italian Consumer Code.

 

REFERENCES

 

This contract is governed by the Italian law.

19.2. Any other matter not specifically provided in this contract shall be regulated by the laws applicable to the relationships and cases provided for in this contract, and in particular art 5 of the Rome Convention of 1980.

19.3 Pursuant to Art. 60 of the Italian Consumer Code, this refers to the rules contained in Part III, Title III, Chapter I of the Italian Consumer Code.