General terms and conditions of sale for online purchases on the Out-Rack website
Out-Rack Snc di Massimiliano Berta e Carmine Tarquinio – Registered office in Via Marco Visconti, 14 – 20088 Rosate (MI) – C.F./ P.IVA: IT 11572600960 – registration in the Milan Companies Register -n. MI – 2107722 – https://www.out-rack.com (di seguito “Sito”) e-mail: email@example.com
Offer to the public
The products and their prices presented on the Site constitute an offer to the public in accordance with the terms specified in the General Terms and Conditions and on the Site itself. The conditions of this offer apply exclusively to purchases made on the Site. Purchase contracts concluded on the Site are concluded with Out-Rack.
The prices in the online catalogue are subject to change at Out-Rack’s discretion; the final price of the products will be confirmed in the quotation or order confirmation. Shipping costs and any other incidental costs are explained before the purchase and will also be indicated in the order confirmation.
The photos of the items for sale are to be considered indicative. Out-Rack guarantees the correspondence of the products sold by means of their identification code. Products on promotion or offer: the special conditions and discounted prices indicated in promotions and offers are only valid until the warehouse stocks of these products are exhausted or the time validity of the offer itself expires. Customers are therefore kindly requested to ask for confirmation before ordering.
The Customer correctly concludes the order procedure if the Site does not show any error message.
Out-Rack shall acknowledge receipt of the order by sending an order confirmation e-mail to the e-mail address communicated by the Customer. This confirmation summarises the articles chosen, their prices (including delivery charges), the delivery address and the Sales Conditions and particulars applicable to the order. The customer undertakes to verify the correctness of the data and to notify Out-Rack immediately of any corrections. Possible additional expenses caused by data errors not reported in time shall be borne by the Customer. The contract shall be deemed concluded upon final confirmation sent by the customer to Out-Rack. It is possible that there may be non-availability of the products offered, in which case, if the products chosen by the customer are not, in whole or in part, available, Out-Rack will promptly notify the customer, who will be informed of the time required to process the order. Out-Rack issues an invoice for the purchased products, sending it by e-mail to the order holder. For the issuance of the invoice, the information provided by the Customer shall prevail. No changes to the data will be possible after the invoice has been issued.
Out-Rack will propose the most suitable and cost-effective system among several couriers. The Customer may also request a retainer with the forwarding agent.
Out-Rack will dispatch the goods to the address indicated by the Customer when placing the order; deliveries are made from Monday to Friday -but never on public holidays- during normal business hours; for this reason, the Company suggests the Customer to indicate an address that is manned during such hours.
Costs generated by non-deliveries for reasons attributable to the customer will be charged to the customer.
The transferred goods remain the property of Out-Rack until full payment has been made.
Customers can choose between different payment methods:
- Bank transfer:
Out-Rack Snc di Massimiliano Berta e Carmine Tarquinio
In the case of payment by bank transfer, the order will be shipped when the amount paid is credited to the account indicated.
Products sold, whether online or by direct order, are covered by warranty in accordance with the laws in force, unless other conditions are communicated at the time of delivery. The guarantee does not cover damage to other parts or the labour required to replace the defective part, but only the defective or damaged product (before sale). The defective part must be returned clean, undamaged and with adequate packaging. Out-Rack will verify the claim, but must submit the allegedly defective part to the manufacturer or supplier before a refund or replacement can be granted. The products manufactured by Out-Rack are designed for off-road use only. Out-Rack disclaims all liability for careless use of the product and outside of delimited areas specifically intended for the circulation of tuned cars. For other products, manufactured by other suppliers and marketed by Out-Rack, the limitations of use stated by the respective manufacturers apply. Warranty Exclusion: The warranty does not cover: damage caused by neglect, negligence, improper use, tampering or unauthorised modifications;
It is important to check the condition of receipt of the goods because in the event of transport damage, it must be reported to the carrier upon delivery. In the event of receipt of a damaged part, but with undamaged packaging, please contact us immediately and return the part to us for inspection within eight days of receipt; the product must be returned in its original packaging and never mounted on the vehicle. After these checks, a replacement or credit note will be issued.
Right of withdrawal
An unsatisfied customer may exercise the right of withdrawal (Legislative Decree No. 185/1999 – protection of consumers in contracts concluded at a distance and Legislative Decree No. 206/2005 – consumer code as amended by Legislative Decree 21/2014) within ten working days from receipt of the goods, by sending us a communication by registered letter with acknowledgement of receipt to the following address “Out-Rack Snc di Massimiliano Berta e Carmine Tarquinio – Via Marco Visconti, 14- 20088 Rosate (MI)”. Withdrawal may also be sent within the same period by telegram, e-mail (firstname.lastname@example.org) provided it is confirmed by registered letter with acknowledgement of receipt within the following 48 hours. To obtain a refund, the consumer must also return the purchased items to Out-Rack (Via Marco Visconti, 14- 20088 Rosate (MI)) within 10 days. The Customer has the right of withdrawal without penalty and the only costs to be borne by the Customer are those of returning the product.
The Customer undertakes to store and keep with the utmost care and diligence the products received and for which he intends to exercise the right of withdrawal, keeping them intact in perfect condition together with the original packaging. The costs and risks of transport for the return shall be borne entirely by the Customer. The return of products that are not intact, deteriorated or lacking in accessories or original equipment will not be accepted by Out-Rack and will be returned to the sender with additional transport costs. Once Out-Rack has received the goods in accordance with the above and carried out the necessary checks, it will proceed to refund the Customer. Out-Rack undertakes to process refunds for exercising the right of withdrawal, by bank transfer, within 30 (days) working days of receiving the communication by which the consumer intends to withdraw. It is specified that Out-Rack will not accept the return of products ordered specifically for the customer and not kept in stock, a condition that will be communicated to the customer upon confirmation of receipt of the order.
Nature of the relationship and cases of non-applicability of consumer protection rules
In accordance with the provisions of the national and EU laws currently in force, the economic relationship between Out-Rack and the customer is governed by consumer protection legislation only in the event that the customer purchases for personal purposes unrelated to his or her business. Therefore, consumer protection laws do not apply to the relationship between Out-Rack and the customer who purchases for business purposes by providing his VAT number, including in particular the Legislative Decree. No. 185 of 1999 (distance contracts) and the Legislative Decree no. 206 of 2005 (so-called Consumer Code).
Guarantees given by the Client
The Customer warrants, assumes all liability and holds harmless Out-Rack from any prejudicial consequences, that his data, provided upon acceptance of these general terms and conditions, are true and enable the true identity of the Customer to be identified, who also undertakes to immediately inform Out-Rack in writing, including by e-mail, of any change in the data provided.
The Customer is also informed of the need to provide Out-Rack with a valid e-mail address in order to allow Out-Rack to forward order confirmations and any communication.
Limitations of liability
Out-Rack disclaims all liability for malfunctions, service interruptions, degradation of performance, whether or not due to force majeure or fortuitous events, when these are not directly attributable to Out-Rack itself due to its wilful misconduct or gross negligence.
Ogni comunicazione potrà essere indirizzata a Out-Rack, ai recapiti sopra indicati.
The Customer accepts that notification and communications relating to all on-line services (including those relating to purchase orders) will be made by Out-Rack in electronic form by e-mail (mail) and via web service, acknowledges its full validity and expressly renounces as of now to disavow the content of declarations sent and/or received in electronic form.
Applicable law and dispute resolution
The General Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree No. 6 September 2005. 206, on the Consumer Code, with specific reference to the regulation of distance contracts Legislative Decree no. 185/1999) and by Legislative Decree 9 April 2003 no. 70 on certain aspects of electronic commerce.
Any disputes will be settled before the competent judicial authority in accordance with applicable law.
The Customer is invited to print or store the Conditions of Sale in the manner preferred.
For anything not specified, the laws in force will apply.