Terms of sale

1 - Characteristics of the service

The products are placed on the GIEFFE Srl website and cataloged in special departments. Products can also be displayed in different departments to improve visibility.
The products displayed on the Site are accompanied by a brief technical description of their essential characteristics and accompanied by an indication of the relative selling price (including taxes and duties).
The pages of the Website of GIEFFE Srl are freely and freely available to every single registered User / Customer.
The right of GIEFFE Srl to:
a) expand at any time the number of departments in which the products are represented;
b) reclassify products in a different sector than the one to which they belong;
c) enrich the description of the products with technical information;
d) propose product promotional campaigns and implement specific discount policies for the same.

2 - Subject of the general online sales conditions - identification of the seller

The general online sales conditions refer to the products included in the Site. The latter are in large part designed and approved for the exclusive use on racing / racing cars. Unless otherwise indicated in writing by Gieffe Racing, they must not be used on cars that are not racing / racing.
Products purchased on http://www.giefferacing.com are sold directly by Gieffe Racing, based in Via San Giuliano Nuovo 39 / A - Castelceriolo, Alessandria (AL) - C.A.P. - Italy, P.I. and tax code 01762490066

3 - Conclusion of the product sales contract

To propose the conclusion of the purchase contract of one or more products on the Website http://www.giefferacing.com, the User / Customer must complete the order form in electronic format following the procedure proposed by the Site, which will be followed by the the sending by Gieffe Racing of the confirmation of the acquisition of the order.
The User / Customer will subsequently receive the confirmation of the purchase order by e-mail from Gieffe Racing: this communication will contain information on 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, shipping and delivery costs and terms and applicable taxes.
The contract is concluded, pursuant to art. 1327 cc, at the time when Gieffe Racing supplies the products in accordance with the Incoterm 2010 EXW clause or that from time to time indicated to the User / Customer through the confirmation of the purchase order.
If the products presented on the Website http://www.giefferacing.com are no longer available or for sale at the time the order form is sent, it will be Gieffe Racing's responsibility to notify the User / Customer within thirty (30) days from the day following the day on which the User / Customer has sent his order to Gieffe Racing, the unavailability of the ordered products, without any liability arising from Gieffe Racing. In the event that the User / Customer has made the advance payment, GIEFFE will reimburse it within days. 15 from the expiry of the 30-day deadline set forth above for the communication of 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 accept unconditionally and undertakes to observe, in relations with Gieffe Racing, the general sales conditions.
By submitting the order form, the User / Customer also confirms that he knows and unconditionally accepts the additional information contained in http://www.giefferacing.com, including the general conditions of use of the Site.
The User / Customer is obliged, once the purchase procedure is completed, 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 future reference for further purchases, as well as making the User / Customer verify their possible subsequent changes.
The User / Customer is obliged not to enter false or invented data, pseudonyms, nicknames and the like; the personal and fiscal data as well as the e-mail address provided at the time of order placement must be exclusively personal and in no case refer to third parties.
It is also expressly forbidden for minors to make purchases on the Site.

5 - Price of products on the Site

The selling price of the products is defined unilaterally and, with respect to what is indicated on the Site, without any constraint on Gieffe Racing, which reserves the right to implement, whenever it deems it appropriate, price changes at the time of completion of the contract pursuant to art. 1327 cc. The selling prices of the products indicated in the price list present on the site do not therefore constitute a public offer nor do they include the cost of modifications / adaptations and made-to-measure requested by the User / Customer or even shipping / transport costs and costs, conformity certifications VAT etc ... Payments made in advance by the User / Customer are considered as a down payment and will be charged to the final price only from the moment of completion of the contract.

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 for by the procedure included in the website.
In the absence of a different option allowed by the aforementioned procedure, the payment is intended as immediate, to the order, and to be made by credit card.
Special agreements for payments with different terms and means may be agreed only with a separate agreement.

7 - Express termination clause - Penalty for failure or late payment of the price

In all cases where the full payment of the price is not made in advance and the payment terms indicated in the order confirmation are not respected, Gieffe will have the right to: suspend the execution of the contract, hold it to be firm, retain the products not yet delivered and assign them to third parties, collecting the price, retaining what penalty, except for the compensation of the 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 pick-up and delivery by courier is carried out by choice, charge and risk borne by the User / Customer who constitutes Gieffe as agent for the mere delivery of the products to the courier.
The shipping and delivery terms indicated in the confirmation of the purchase order are merely indicative and are not binding and do not constitute a source of responsibility for Gieffe Racing.
Any liability of Gieffe Racing for any inefficiencies, delays or omissions in deliveries due to unforeseeable circumstances or force majeure is excluded.
Cases of force majeure include the assumption that Gieffe suppliers do not deliver or deliver products to the latter in time.
The aforementioned liability in the event of fires, explosions, strikes, earthquakes, floods and other similar events that prevent the execution of the contract in the ways and times envisaged by these general conditions and by the law is also excluded.
If, subject to the hypothesis of willful misconduct or gross negligence, the responsibility of Gieffe Racing for the non-fulfillment of its contractual obligations should be ascertained, it is agreed that it cannot exceed the value of the products purchased from the User / Customer, for which 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 conclusion of the contract pursuant to art. 1327 cc.
There is no possibility of returns outside of the cases, within the limits and conditions, as per the following art. 11.
If, apart from the aforementioned cases, Gieffe Racing authorizes returns, this must be done in writing, under penalty of nullity and the return so authorized will be accepted only on condition that the returned products are intact, free from damage and wear, complete with original packaging of complete and complete documentation. The costs of transport and shipment as well as the risks of loss, theft, loss and damage of the products up to the return at the Gieffe Racing 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 http://www.giefferacing.com are entirely governed 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 regulation referred to in Legislative Decree no. 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 Gieffe s.r.l. 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 time if delivered to the accepting post office within the terms set by the code or by the contract, if different. The acknowledgment of receipt is not, however, an essential condition to prove the exercise of the right of withdrawal. With receipt by Gieffe s.r.l. of the aforementioned withdrawal notice, the parties are released from the respective obligations deriving from the contract or from the contract proposal, except, in the event that the obligations themselves have in the meantime been fully or partially executed, the following additional obligations:
- if delivery of the goods has taken place, the consumer is required to return it to Gieffe s.r.l. , at the headquarters of the latter, no later than ten working days from the date of receipt of the goods. For the purposes of expiry of the term the goods are considered returned when they are delivered to the accepting post office or to the shipper.
- the products must be returned intact, free of wear and damage, complete with original intact packaging and documentation attached. This is an essential condition for exercising the right of withdrawal;
- the consumer is responsible for the costs of exercising the right of withdrawal and, in particular, the direct costs of returning the goods to the sender.

12 - Contracts for the supply of special products

Possible supplies of special products, having to be understood as such
- those not included among those included in the site;
- those inserted in the site but modified and / or adapted and / or made to measure on request and according to the User's / Customer specifications;
- those made on request and / or on specifications and / or to the extent of the User / Customer,
will be at the price and in the 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 provisions of the Legislative Decree in question, including, in particular, that relating to the right of withdrawal nor, consequently, the previous art. 11.

13 - Exclusive forums

For the definition of both the disputes concerning the existence, the forfeiture and the claim of ownership of the Gieffe Racing brand and of the disputes referred to in art. 134 of Legislative Decree 10 February 2005, n. 30 and, therefore, with express exclusion of the cases that do not interfere, not even indirectly, with the exercise of industrial and intellectual property rights, which are regulated, for the purpose of identifying the territorially competent Forum, in the following paragraph, is competent in via the exclusive court of Turin, expressly renouncing the jurisdiction of any other court, even if optional.
For any other controversy that may arise regarding the validity, interpretation, execution and application of this deed and any additional agreements and / or amending and / or implementing agreements, including contractual claims for damages and / or non-contractual as well as all the cases that do not interfere, not even indirectly, with the exercise of industrial and intellectual property rights, the Court of Alessandria has exclusive jurisdiction, expressly renouncing the jurisdiction of any other court, even if optional.
Without prejudice to the provisions in the preceding paragraphs, for the settlement of disputes that may arise due to passive disputes in which Gieffe Racing was evoked by consumers, as identified by the law. n.206 of 2005 and its subsequent modifications, in relation to the products sold through the Site, the Court of the place where Gieffe Racing will be sued, with express renunciation of the competence of any other court, even if optional , including the Forum referred to in the previous paragraph.