Terms and conditions
General Terms and Conditions of Sale
This document contains and represents the general terms and conditions of sale (the "General Conditions") of the company Officina Gandolfi Srl, with headquarters in Via Marino Serenari 33 / E, 40013, Castel Maggiore Bologna, Tax Code and VAT number 03833241205 (the "Company").
1. Scope of application
All sales of products by the Company are governed and regulated, as well as by the particular conditions from time to time contained in the single purchase order placed by the Customer through the Site (the "Order"), by these General Conditions. In the event of discrepancies or conflicting provisions between the General Conditions and the Orders and/or any document referred to by the latter, the General Conditions will prevail.
The terms and expressions listed below have, in the context of these General Conditions, the meaning indicated below for each of them, providing that the terms defined in the plural are also intended in the singular, and vice versa:
- "Costumer": means any purchaser of the Products, regardless of whether such buyer is a Consumer Costumer (Consumatore) or a Professional Costumer.
- "Consumer Costumer" (Consumatore): means the purchaser of Products defined as "consumer" (consumatore) pursuant to Article 3 of Legislative Decree 206/2005 (so called "Consumer Code") and that is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisan, or professional activity carried out.
- "Professional Costumer" means the purchaser of the Products defined as a "professional" pursuant to Article 3 of Legislative Decree 206/2005 (so called "Consumer Code"), namely the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisan, or professional activity, or an intermediary.
- "Order Confirmation": indicates the acceptance by the Company of the Order placed by the Customer, according to the methods specified in detail in the following article 4.3.
- "Instructions": indicates the set of instructions for use and/or technical specifications and the description of each Product, present and available on the Site in relation to the Products.
- "Order": indicates the set of conditions contained in the single purchase order issued by the Customer.
- "Party" or "Parties": means, depending on the context, the Company or the Costumer.
- "Price": indicates the price of the Products on the Site and indicated in the Order and in the Order Confirmation.
- "Product": indicates any good available on the Site (including, therefore, spare parts, gadgets, and accessories) subject to an Order.
- "Website": indicates the Company’s website accessible at the link www.performancetechnology.it, through which the Customer, after registering, can place an Order or more Orders for Products, consult the information and the relative prices and codes.
3. Instructions. Representation of the Products on the Site
All Products supplied by the Company will (i) comply exclusively with the description of each relevant Product on the Site and (ii) must be used in accordance with any relevant Instructions explicitly indicated on the Site. No other specifications, descriptive material, written and/or oral comments, correspondence, illustrative and/or promotional publications will form part or be considered included in the Order and/or referable to the Products.
It is expressly specified that the images, illustrations, and drawings of the Products present on the Website have an exclusively descriptive purpose in order to facilitate the choice for the Customer and the Products may therefore present differences with respect to these, and the Company assumes no responsibility for the exact correspondence of the Products with respect to such images, illustrations or drawings, including in relation to the shape, size, and color of the same.
The Customer who purchases the Products and wishes to use them on the public road must first go to the office of the competent authority of his country to request the homologation or the new registration of the vehicle, for otherwise he/she is aware of infringing what are the regulations in force in the country in which he/she is located, thus taking all the resulting responsibilities. The Company assumes no responsibility in the event of penalties or damages that may arise and has no responsibility for the compliance and/or usability of a Product pursuant to the applicable legislation in the Customer's country.
4. Registration. Orders and confirmation
4.1 Before placing an Order on the Site, the Customer can register (by entering his username and password). Registration consists in the insertion, by the Customer, of the following data (the "Registration"):
- (i) name and surname, if Consumer Costumer; denomination and company name, if a Professional Costumer;
- (ii) residence and domicile, if Customer Costumer; registered office, if Professional Costumer;
- (iii) Tax Code, if Consumer Costumer, Tax Code and VAT number, if Professional Costumer;
- (iv) data of the recipient, if different from the data referred to in letters (i) and (ii) above;
- (v) email address;
- (vi) delivery address;
- (vii) billing address.
4.2 The Costumer has the possibility to place the Order even without registering, however indicating the data relating to payment, billing, and shipping.
4.3 Once the Registration is complete, the Costumer can proceed with the choice of the Products and their addition to the cart through the "Add to cart" section.
Each Order issued by a Costumer must specify the type and quantity of the Products.
At this point, the Costumer can check the summary of the Order.
Once the contents of the cart and the Products covered by the Order have been checked, in terms of type, quantity, and price, the Costumer can proceed with the Order.
The total price of the Order will include the relative shipping costs.
At this point, the Costumer must indicate and select the payment method for the Order in accordance with the provisions of article 5 below ("Payment methods").
4.4 Orders are considered accepted and binding for the Company only and exclusively upon receipt by the Customer of the acceptance of the Order by the Company (the "Order Confirmation"). If the content of the Order Confirmation is not entirely compliant with the Order, this Order Confirmation must be understood as a new offer.
The Order Confirmation will be sent by email to the Costumer at the e-mail address communicated by the same at the time of Registration and will contain the summary of the Order, namely:
- (i) serial number;
- (ii) list of ordered products;
- (iii) Price of each Product;
- (iv) Total price (including shipping costs);
- (v) [expected delivery date].
4.5 The Order Confirmation does not constitute a commitment on the part of the Company to fulfill the Order; the Company will start the fulfillment of the Order object of the Order Confirmation only upon receipt of the payment of the total Price of the related Order.
5. Prices. Payment methods
5.1 The Price of the Products is that indicated on the Website at the time of Order; The prices of the Products on the Website do not include standard packaging costs; the prices on the Website are indicated with VAT excluded. The Price does not include shipping costs, which are calculated and indicated in the cart. The Website does not report any costs, duties, taxes that the legislation of a particular country may require; to this end, we invite you to carefully check the following articles 6.5, 6.6, and 6.7.
5.2 The Costumer must pay the total price referred to in the Order Confirmation, as follows:
- (i) If the Consumer Costumer is residence and domiciled in the Italian Republic or in the Republic of San Marino, by (i) bank transfer or (ii) credit card, VISA, and Mastercard circuits;
- (ii) If the Professional Costumer has its registered office in the Italian Republic or in the Republic of San Marino, by (i) bank transfer or (ii) credit card, VISA and Mastercard circuits;
- (iii) If the Costumer is resident/domiciled or has its registered office, outside the Italian Republic or the Republic of San Marino, by (i) bank transfer or (ii) credit card, VISA, and Mastercard circuits.
- (iv) If the payment is made by credit card, the Costumer will be transferred to a protected website, generally Nexi, and the credit card data will be communicated directly to the operator/circuit (usually Nexi circuit) which manages credit card payments on behalf of the Company.
6. Options, terms, and costs of shipping and delivery of the Products. Taxes. Invoicing
6.1 The Company entrusts the management and execution of its shipments - in Italy and abroad - to express couriers, such as UPS/FedEx/DHL/GLS.
6.2 Unless otherwise indicated on the Order Confirmation, the Products will be delivered by the Company to the address indicated by the Costumer at the time of Registration, therefore the Company's responsibility ceases at the time of delivery to the Costumer or to his/her representative (if performed directly by the Company), or to the shipper (even if the latter is chosen by the Company). Shipping and delivery times in Italy are approximately 24-48 hours, as the Company has the Products in its warehouses, ready for delivery (except of course in the case of Orders of particular quantities). This timing represents a mere estimate and, therefore, the above delivery times must be understood as indicative and indicated in good faith by the Company.
In the event of significant delays, the Company undertakes to promptly notify the Customer.
6.3 The shipping costs for Orders to be delivered in Italy are Euro 8,50 plus VAT and are included in the total price indicated in the cart; regardless of the number of Products covered by the Order, therefore, the shipping cost will remain unchanged.
If two separate Orders are placed, the shipping costs are charged for each of them.
The costs and shipping costs for Orders to be delivered outside Italy are Euro 16,00 plus VAT for shipments within the European Union, and Euro 29,00 for shipments outside the European Union.
Unless otherwise indicated in the Order Confirmation or with subsequent communications, the carrier delivers the Orders from Monday to Friday, by 6:00 pm. If the Costumer (or another person indicated by the same) is not available at the address communicated during the Registration and Order phase, the carrier will leave a notice of attempted delivery, and then will try to deliver the Order two more times. The customer can contact the carrier using the information contained in the notice of attempted delivery.
To facilitate the delivery procedures, the Company invites the Costumer to indicate a workplace or, in any case, a place where there is always someone who can take receive the Order.
6.4 The Company entrusts the shipment and delivery of Orders to third parties and, therefore, cannot in any way interact with the carrier in order to agree on delivery times and methods other than those referred to in the Order Confirmation.
The Company takes no responsibility for delays or damage that may occur during transport.
6.5 Citizens of the European Union are subject to VAT applied by the State in which they make purchases; if the Costumer makes purchases towards a destination in the European Union, the Price to be considered will be the VAT included; conversely, if the Costumer makes purchases towards a destination in a non-EU State, the Price to be considered is VAT excluded.
If the Products must be delivered in a non-EU country, the total price confirmed in the Order Confirmation, including indirect taxes (where applicable), is net of any customs duties and any other sales tax, and the Costumer undertakes as of now to pay said taxes, when due and in addition to the price specified in the Order Confirmation, in accordance with the legal provisions of the country in which the products will be delivered. The Costumer is requested to inquire with the competent bodies of his country of residence or destination of the goods, in order to obtain information on any duties or taxes applied in his country of residence or destination.
6.6 The Costumer is exclusively responsible for any possible additional costs, charges, taxes and/or duties that a particular country should apply in any capacity to the Products ordered on the basis of these general conditions of sale.
The Costumer declares that not being aware of the costs, charges, duties and/or taxes referred to in the previous article 6.5, will not be considered as a reason for termination of the Order, and therefore will not be able to charge such costs to the Company in any way.
6.7 For each Order placed, the Company will issue a regular invoice, attaching it to the Order's packaging, pursuant to Article 14 of Presidential Decree 445/2000 and Legislative Decree 52/2004. For the issuance of the invoice, the information provided by the Costumer at the Registration and/or in the Order is valid. No change in the invoice will be possible after the issuance thereof.
It is not possible to obtain separate invoices for individual Products within the same Order.
7.1 Pursuant to and for the purposes of Legislative Decree no. 24 which transposed the European Directive 44/19999/EC and the Legislative Decree n. 206/2005 (Consumer Code), the Company guarantees only to Consumer Costumers that the Products are free from defects in design, material or workmanship, as long as they are used in normal conditions of use, for a period of 24 (twenty-four) months (+ further two months for the complaint) from the date of delivery of the Products to the Consumer Costumer.
The warranty cannot, in any case, be suspended or extended as a result of the non-use of the Products, even if due to repairs under warranty. The Consumer Costumer shall lose the right to warranty if he does not report the defect to the Company within 2 (two) months of its discovery.
To use the guarantee, the Consumer Costumer must show documentation proving the purchase of the Product of which he/she complains of the defect/flaw (e.g. invoice).
7.2 The Company guarantees Professional Costumers the following conventional warranty and, therefore, that the Products are free from defects in design, material, or workmanship, as long as they are used in normal conditions of use, for a period of 12 (twelve) months (+ further two months for complaint) from the date of delivery of the Products to the Consumer Costumer. The warranty cannot, in any case, be suspended or extended as a result of the non-use of the Products, even if due to repairs under warranty. The Professional Costumer shall lose the right to warranty if he/she does not report the defect to the Company within 2 (two) months of its discovery.
To use the warranty, the Consumer Costumer must show documentation proving the purchase of the Product of which he/she complains of the defect/flaw (e.g. invoice).
7.3 The Company is not liable to Costumers (either Consumers or Professionals) for lack of conformity and defects in the Products or parts of them:
- (i) deriving from, or connected to, normal deterioration due to wear;
- (ii) resulting from the incorrect use of the Product as well as from improper installation and maintenance and/or, in any case, in the event of improper use of the Product that does not comply with that indicated in the Instructions;
- (iii) resulting from the failure or incorrect storage of the Products by the Costumer or from modifications, repairs and/or replacements carried out by the same without the written consent of the Company;
- (iv) if the Product has been assembled with a non-original product;
- (v) if the Product has been repaired or modified in such a way as to compromise, at the sole discretion of the Company, its reliability;
- (vi) not deriving from defects in design and/or engineering, workmanship and/or materials.
7.4 In case of dispute and/or complaint by the Costumer against the terms and conditions referred to in the previous articles 7.1, 7.2, and 7.3, the Costumer must contact the Company at INFO@PERFORMANCETECHNOLOGY.IT explaining the nature and characteristics of the defect/flaw and must send a copy of the documentation attesting the purchase (e.g. invoice).
7.5 The Company will have the right to examine at its absolute discretion the Products whose defect and/or flaw is complained of through personnel appointed by it.
The person in charge of the Company will evaluate the possibility of verifying and solving the problem without the need to recall the Products (this situation may occur for example in the event of incorrect configuration or lack of an accessory).
If, on the other hand, the personnel in charge of the Company, after having confirmed the existence of the defect/flaw, deems it necessary to recall the Product, the Company will request the return of the Product, at the expense of the Costumer, for the purpose of any repair or replacement.
Following a regular complaint by the Costumer made pursuant to this article, the Company, after having ascertained the existence of the defect or flaw through its personnel in charge, after carefully testing the actual imperfection, will repair (where possible) or replace the Product, free of charge.
7.6 Without prejudice to the foregoing, the Costumer expressly accepts that, in no case, the liability of the Company:
- (i) for any cost, expense, loss, direct, indirect, incidental or consequential damage, which may derive to the Customer from the defectiveness and/or non-conformity of the Products; And
- (ii) for any damage, cost, or loss to persons and/or things deriving from the operation and use of the Products;
may exceed the total amount corresponding to the Price of the defective Product.
No other legal or conventional guarantee, whether implied or expressed, is provided by the Company to the Costumer.
7.7 The Company will not be liable to the Customer for direct or indirect or consequential damages deriving from the defectiveness and/or non-conformity of the Products and/or from the violation of the obligations established under these General Conditions, including, by way of example and not limited to, loss of profit or revenues, loss of production, loss of use or chance, labor costs incurred and expenses in any case incurred in relation to the replacement of the defective Product, and this regardless of whether the Customer has been challenged or in any case the existence of such damages has been communicated, constituting the guarantee referred to in this article 7 the only remedy in favor of the Customer. Any liability of the Company for any direct, indirect or consequential damage, cost, or loss to persons and/or things deriving from the functioning and use of the Products is also excluded.
7.8 This warranty ends with the replacement or repair of the Product.
8. Consumer Costumer's right of withdrawal
8.1 Purchases made by the Consumer Costumer through the Website are subject to Legislative Decree n. 185 of 22/05/1999 and, therefore, the Consumer Costumer has the right to withdraw from any Order concluded pursuant to these General Conditions - except for the provisions of the following article 8.2 - without incurring any penalty, within 14 (fourteen) days starting from (i) the day on which the Product is delivered or (ii) if several Products contained in the same Order are delivered separately, starting from the date of receipt of the last Product.
8.2 It is expressly agreed that the right of withdrawal:
- (i) applies to products not used and packaged as the original (i.e. as received in delivery by the Customer);
- (ii) does not apply, and is therefore excluded pursuant to Article 59 of the Consumer Code, to Products made to measure and/or clearly personalized and/or which by their nature cannot be returned, sent back, or which risk deteriorating or altering in a short time.
8.3 The right of withdrawal is excluded in any case for Products subject to Orders placed by Professional Costumers.
8.4 In case of exercising the right of withdrawal, the Consumer Costumer is requested to communicate his/her intention to the Company by sending a written communication to the email INFO@PERFORMANCETECHNOLOGY.IT in order to speed up the return and refund procedures. The Company will then send the Consumer Costumer the RMA (Return Merchandise Authorized) code. Then the Consumer Costumer must send the Products subject to the exercise of the right of withdrawal, in their original packaging and affixing the RMA code communicated to him/her by the Company on the package, to the following address: Via Serenari 33 / E, 40013, Castel Maggiore (Bologna), c/o Officina Gandolfi Srl.
The Consumer Costumer must send an email and together with the package sent containing the Products subject to withdrawal: (i) copy of the invoice relating to the Products subject to withdrawal; (ii) express communication of the exercise of the right of withdrawal with a clear indication of the Products and the relative quantities on which the withdrawal is exercised. The Consumer Costumer is required to send the Products to the Company within 14 (fourteen) days from the day of the communication of his/her exercise of the right of withdrawal in the manner described above. The Price will be reimbursed by the Company in the same manner in which this Price was paid by the Costumer (by way of example, if the payment of the Price was made by credit card, the refund will be made by credit card).
8.5 Upon completion of the correct procedure indicated above, the Company will proceed as soon as possible (maximum 30 working days from receipt of the Product / Products) to reimburse the Consumer Costumer, excluding shipping costs (Article 5, paragraph 6, Legislative Decree no. 185 of 22/05/1999); in case of shipments returning from non-EU foreign countries, any customs duties and taxes due for the return will be the sole responsibility of the Consumer Costumer.
The Company may withhold the refund until it has received the returned Products.
8.6 For the purposes of maximum collaboration and assistance of Consumer Customers, it is specified that: return shipments without the information referred to in Article 8.4 (i), (ii) and (iii) above, and/or without the indication of the RMA number on the parcel will not be accepted. Products that are not intact and/or do not conform to how shipped by the Company will not be accepted, as well as shipments on delivery or in any case with costs or expenses borne by the Company. Products shipped pursuant to withdrawal will be delivered at the risk and responsibility of the Consumer Costumer.
9. Force majeure
Neither the Company nor the Customer will be responsible for non-fulfillment or delays in the execution of the Order and/or in the delivery of the Products to the extent that such non-fulfillment or delay is attributable to acts or facts beyond its control, such as, by way of example, fires, floods, strikes, lockouts and other impediments to the normal performance of work (hereinafter, "Force Majeure").
If one of the Parties is unable to execute, or to execute on schedule, its obligations due to Force Majeure, that Party will promptly communicate in writing to the other Party an estimate of the extent and duration of such Force Majeure.
10. Confidentiality. Privacy
10.1 Both the Company and the Costumer will keep confidential and will not disclose to third parties, without the prior written consent of the other Party, information of a technical and/or commercial nature, which a Party has become aware of in relation to the Products and the Order.
10.2 In order to proceed with the Registration and execution of the Order, some personal data from the Costumer are requested through the Website. The Costumer acknowledges that personal data will be recorded and used by the Company, in accordance with and in compliance with the Italian law referred to in Legislative Decree 196/2003 and subsequent amendments. ("Privacy Code") and, where applicable, to EU Regulation 679/2016, for the execution of these General Conditions.
10.3 The Costumer declares and guarantees that the data provided to the Company during the Registration process are true and correct.
10.4 The Customer may at any time update and/or modify their personal data provided to the Company through the appropriate section on the Website "My Account".
Except as otherwise provided in other articles of these General Conditions, any communication by the Costumer to the Company in relation to the General Conditions must be made in writing by registered letter with return receipt, by email to the following address or to the different addresses indicated in the Confirmation of Order. INFO@PERFORMANCETECHNOLOGY.IT
Communications sent by email will take effect immediately if sent on working days. Communications sent by registered letter will take effect on receipt unless the registered letter reproduces the text of a prior communication via email. Any communication from the Company to the Costumer in relation to the General Conditions must be made by email (or by mobile phone if provided by the Costumer) to the address indicated by the Costumer during registration.
12. Partial invalidity
In the event that any provision or part of any provision of these General Conditions is deemed invalid because it is inconsistent or contrary to law, all the other provisions of these General Conditions or any part of the same clause will remain fully valid and effective.
Neither party may assign the rights and obligations deriving from these General Conditions without the prior written consent of the other Party.
14. Applicable law and jurisdiction
14.1 These General Conditions and the Orders executed pursuant to them will be regulated and interpreted in accordance with the Italian law in force and, in particular, where applicable, by the Consumer Code and by Legislative Decree no. 70 of 9 April 2003, on some aspects relating to electronic commerce. These General Conditions do not affect the rights conferred by Italian law on the Consumer Costumer.
14.2 The Consumer Costumer (thus excluding the Professional Costumer) also has the right (to access the European online dispute resolution platform (European ODR Platform) to resolve any disputes between the Company and the Consumer Costumer. For more information on the European ODR platform, or to file a complaint and initiate alternative resolution procedures relating to the dispute relating to this contract, use the following link: http://ec.europa.eu/odr. Via the ODR platform, consumer Costumers can examine the list of ADR bodies, find the link to the website of each of them and start an online settlement of their dispute.
14.3 If no attempt is made to resolve it pursuant to Article 15.2 by the Consumer Costumer, or if an amicable settlement is not possible, any dispute in any way connected with these General Conditions and/or the Orders and with what provided for in them that it should arise between the Parties, will be governed by Italian law and will be devolved to the exclusive jurisdiction of the Court of Bologna [the application of the Vienna Convention on International Sale being is expressly excluded], provided that, in compliance with the Consumer Code, if the dispute takes place between the Company and a Consumer Costumer, the Court of the place where the Consumer Costumer is resident or domiciled shall be competent.
In compliance with the provisions of articles 1341 and 1342 of the Civil Code, the Costumer declares to expressly approve the provisions contained in the following paragraphs of these General Conditions: 1 (Scope of application); 2 (Definitions); 3 (Instructions. Representation of the Products on the Site); 4. (Registration. Orders and Confirmations); 5 (Prices and Payment Methods); 6 (Options, Terms, and Costs of Shipping and Delivery of the Products. Taxes. Invoicing); 7 (Warranty); 8 (Consumer Costumer's Right Of Withdrawal); 9 (Force Majeure); 10 (Confidentiality. Privacy); 11 (Further Provisions); 12 (Notices); 13 (Partial Invalidity); 14 (Transfer); (Applicabile Law and Jurisdiction).