The interpretation of the following Terms of the General Conditions of Sale are:
a) Seller: Picone s.r.l.;
b) Buyer: the purchaser of the Product;
c) Parties: the Seller and the Buyer jointly considered;
d) Product: the goods specified in the catalog / price list, subject of the Sales Agreements between the Buyer and the Seller;
e) Order (s): the model which the Buyer declares to the Seller that he / she wishes to purchase the Products;
f) Contract of sale: any agreement or subsequent document or change between the Seller and the Buyer concerning the purchase and sale of the Products;
g) General Conditions: these General Conditions;
h) Special Conditions: any additional conditions stated in the sales contract.
2.1 These General Conditions apply to any Sales Contract concerning the Products in which the Seller is a supplier. These General Conditions will prevail over any General Purchasing Conditions of the Buyer, even in the absence of specific objection to the application of the same.
2.2 No modification or amendment to these General Conditions will be valid and effective between the Parties, except in case of a written agreement and signed by authorized representative of the Seller.
The description of the Products and of each of their specifications will be as indicated in the catalog / price list.
4.1 Any Order constitutes an irrevocable proposal by the Purchaser and is subject to acceptance by the Seller, which is denied if the Seller has not executed, even partially the order.
4.2 The Contracts, the Orders and any additions or modifications relating thereto shall be in written form, be prepared according to the Seller's forms, and be sent by electronic means or by any other means or instrument (eg courier, post, telex, telefax , etc.).
5.1 The delivery will take place EXW - Incoterms ICC Paris 2010. The risks related to the Products will pass to the Buyer once it is shipped.
5.2 Any date or time specified by the Seller for shipping or delivery of the Products must be considered as indicative and not essential and binding for the Seller. In any case, the Seller will not be liable for delays in delivery or for non-delivery due to events of major force or, in any case, to unpredictable events. If no date or time limit has been indicated, delivery must be made within a reasonable time.
5.3 In the event that the Buyer is in advance aware of the impossibility to receive the goods, the latter must inform the Seller of the reason and a reasonable deadline by which he expects to receive the goods.
5.4 In the event that the non-receipt of the goods is attributable to the Buyer, the risk related to the Products will be transferred to the Buyer from the moment the Seller has notified in writing to the Buyer that the Products are ready for delivery. The Buyer will have to pay the costs related to the delay in delivery as well as any further consequential damages.
5.5 Partial deliveries are permitted if not agreed otherwise.
6.1 The Products must be packed by the Seller in a suitable and appropriate manner to the type of product delivered.
6.2 Unless otherwise agreed in writing between the Parties, the Products will be delivered with the Seller's packaging, labels and brands.
6.3 If the Buyer requests packaging and / or special packaging and / or different from those used by the Seller, the additional costs for the completion of such request will be exclusively borne by the Buyer.
7.1 The invoices must be issued by the Seller in compliance with the provisions of the Confirmed Order.
7.2 Payments in execution of the Purchase Contracts stipulated through the Site may be made, in advance, exclusively by credit card, PAY PAL, or cash to collect the products (at the Picone Pneumatici headquarters). The Customer is required to choose, at the time of conclusion of the Purchase Contract, the chosen payment method. Once the Purchase Contract has been finalized through the acceptance of Picone Pneumatici, the latter can no longer be modified. Notwithstanding the foregoing, if Picone Pneumatici finds problems with regard to the payment, it will promptly notify the Customer of the criticality found regarding the execution of the payment, proposing to use another means of payment among those accepted by Picone Pneumatici.
7.3 Payments by credit card. If the Customer proceeds to purchase the products with payment of the price by credit card, the reference bank will immediately check the validity of the credit card and will charge the total amount corresponding to each Purchase Contract. , with reference to the Customer's order. The information relating to the buyer's credit card is transmitted via secure connection directly to the website of the bank that manages the transaction. Picone Pneumatici reserves the right to request at any time the Customer additional information (eg the landline number) necessary for the execution of the Purchase Contract or sending a copy of documents proving the ownership of the credit card used for the completion of the Purchase Contract. In the absence of the Customer's sending of the information or additional documentation requested, Picone Pneumatici reserves the right not to accept the order or to withdraw from the completed Purchase Contract in the event that failure to send the requested information does not allows the execution of the order or the Contract, giving contextual motivated communication to the Customer to the e-mail address indicated by him.
7.4 The provisions of articles 7.2, 7.3 of this section apply, where compatible, also to the payment methods through PAYPAL.
7.5 Cash on delivery of the products. The payment of products purchased with the contextual withdrawal is a method of payment provided whether for withdrawals made by the customer at the headquarters of Picone and for deliveries by the courier. Bank checks, bank drafts or other means of payment will not be accepted under any circumstances.
7.6 Nothing more than what is agreed in the Purchase Contract will be due by the Customer to the courier when delivering the products.
7.7 In case of non-payment by the Customer of the price agreed for any reason or cause, Picone Pneumatici will invite the Customer in writing to provide the balance and will have the right to charge the Client a default interest in accordance with the law ; in this case, up to the moment in which the Customer has not settled his debit position with Picone Pneumatici, the latter reserves the right to cancel any subsequent deliveries of products, to resolve any existing Purchase Contracts as well as block the purchasing functions through the Site, without prejudice to the compensation for any further damage.
8.1 The price of the Products will be the one indicated by the price list of the Seller, in force at the time of conclusion of the Contract of Sale, except in case of a written agreement, reported in the order confirmation, between the Parties.
8.2 Any increase in price related to changes in the costs of duties, taxes or rights after the order has been issued and the related order confirmation, must be agreed in writing and approved specifically by both parties.
9.1 Generality. Taking into account the specificity and the high technical content of the Products sold by the Company, the Customer is required to strictly comply with the requirements and recommendations regarding safety and reliability related to use (vehicle, inflation, pressure and so on), at the assembly and storage of tires. The Picone Pneumatici is in no case responsible for the incorrect storage or assembly of the Product(s) or its use in abnormal conditions.
9.2 Warranty. The Products are covered by the manufacturer's warranty of 5 years from the production date. Picone Pnuematici guarantees a legal guarantee of 24 months from the date of the invoice. In case of defect of a Product during the warranty period, repairs and / or replacements of the Products are insured for free by the manufacturer concerned. The costs of sending the product to the manufacturer are charged to the Customer. If the transport is organized by Picone Pneumatici, the Customer will forward a bank transfer for the amount of the return costs prior to the withdrawal of the Products. The bank transfer will not be returned in case of rejection of the manufacturer's warranty following the execution of an appraisal.
9.3 Warranty for hidden defects. Exclusively the Products in which a hidden defect is actually found may be returned to Picone Pneumatici with this motivation. If the Customer declares that the Product delivered by the Company has a hidden defect, he must provide proof thereof.
Any return of tires will be the subject of an assessment by the manufacturer to determine if the Product is actually faulty.
Picone Pneumatici is committed to change any product found to be faulty if:
- the defect is established on delivery, the Customer must inform the Company within a period of 7 working days starting from the delivery date;
- the defect is ascertained during assembly, on condition that this occurs at the latest within 7 days from the delivery date;
- the manufacturing defect found after assembly must be indicated in writing, dated and signed by a professional in the automotive sector.
No claims regarding deformation caused by incorrect storage of tires delivered for more than 7 working days will be taken into consideration.
Hernias (small swellings on the side) found on tires fitted and used are not covered by the manufacturer's warranty or by the Company.
10.1 The Buyer must inspect the Products immediately upon delivery and verify their correspondence and quality.
10.2 Any defects must be reported in writing by the Buyer to the Seller within 8 (eight) days of delivery, after which no claims will be accepted except for defects that the Buyer proves to be hidden. In any case, the complaint must be formulated in writing no later than 8 (eight) days from the discovery of the defects, pursuant to art. 1495 c.c ..
10.3 The communication referred to in the preceding paragraph must contain a detailed description of the defect.
10.4 The Seller undertakes to carry out the appropriate checks in order to assess the validity of the complaint. In the event that the complaint is deemed to be founded, the Seller undertakes to carry out, the intervention deemed necessary for the purpose of providing for the resolution of the question to be reported. The Seller's obligations are limited to the repair or free replacement of those Products that are found not to comply with the Seller's descriptions and any other specifications provided in writing by the Seller regarding the Products and do not provide for the complete replacement of all delivered Products.
10.5 In the event that the Buyer has notified the defects within the prescribed deadlines, but after verification has no basis in the advanced disputes, the Seller will be entitled to compensation for the expenses which he had to face due to the notification of the defects.
11. Right of withdrawal
In compliance with the provisions of Legislative Decree 6 September 2005 n. 206 (and subsequent amendments and additions), the Consumer Customer, if not satisfied with the products or the content of the services purchased from the Seller, can return the same products or waive the right to provide services and obtain the reimbursement of the price already paid in prepayment place.
How to exercise: To this end, the Customer must contact the Seller within 14 days of delivery of the products or within 14 days after the purchase of the services, by sending a communication via registered letter A.R. (at the address c.da puglisi 84060 Prignano Cilento (Sa)), containing all the information necessary and useful for a correct processing of the practice of restitution and reimbursement. This communication must necessarily contain all of the following:
a. the express wish of the Customer to want to withdraw in whole or in part from the purchase contract;
b. the number and copy of the document (invoice - transport document) proving the purchase of the order with respect to which it intends to exercise the right of withdrawal;
c. the description and the codes of the Products with respect to which the right of withdrawal is exercised.
The re-credit, including shipping costs, will be made by the Seller within 14 days of receiving the communication by registered letter A.R. above mentioned.
Following receipt of the communication with which the Customer communicates his desire to exercise the right of withdrawal, the Seller, having checked the correspondence to the above requirements, will agree, also via e-mail, with the Customer the modalities with which to perform the return of products.
The right of withdrawal can not be exercised when the goods are in the NOT AVAILABLE status and therefore to be ordered on the specific request of the customer.
12.1 The Seller is not considered responsible for the delay in deliveries or for his own default caused directly or indirectly by:
- events of major force (to the effects of this clause and without the list being considered exhaustive an event of major force includes legal prohibitions, wars, revolts, revolutions, strikes or other labor disputes, fires, floods, sabotage, nuclear accidents, earthquakes, storms, epidemics);
- circumstances, independent of the Seller's control, such as to prevent the finding of labor, materials, components, plants in general, energy, fuel, means of transport, authorizations or government provisions.
12.2 The Seller will notify in writing, without delay, the termination of the major force case.
13.1 The Buyer shall not use the name, trademark and other rights related to the intellectual property in advertising without the prior written consent of the Seller.
The Buyer and the Seller acknowledge that each of the parties may reveal to the other confidential information relating to their business. Each Party undertakes to keep this information confidential and not to disclose its contents to any third party, to use such information only for the purposes of the sales contract and to return, upon request of the other party, the documents received containing information confidential.
Pursuant to Legislative Decree 679/2016, the Vendor informs that: a) the Buyer's data are processed and / or communicated to third parties (eg banks, external consultants, etc.) in compliance with the aforementioned regulations, execution of contracts;
b) the Seller is the Data Controller;
c) the Buyer has the right to exercise the rights referred to in art. 7 of the legislative decree itself.
16.1 These Terms and Conditions, and the sales contracts related to them, are governed by Italian law, and for any dispute concerning the application and interpretation of this document will be the jurisdiction of the defendant.
16.2 The prevailing regulatory language, in the event of any controversy regarding the interpretation of this text is Italian, despite the translation in any other language.
16.3 The application of the United Nations Convention on the International Sale of Goods (Vienna - 1980 - CISG) is expressly excluded.