General Conditions of Sale
Art. 1 - General provisions
1. The user browsing this area accesses Marino Car Service, accessible through the url: www.marinocarservice.com. The navigation and transmission of a purchase order on the site imply acceptance of the Conditions and Data Protection Policies adopted by the site itself indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by
Company Marino Car Service srl
Headquarters: Via Appia km 11400 Zona ASI Carinaro (CE)
VAT number: 01673150619
3. The user is required, before accessing the products provided by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and these General Conditions of Sale whose terms Marino Car Service reserves the right to modify unilaterally and without notice.
Art. 2 - Object
1. These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on Marino Car Service and do not regulate, however, the provision of services or the sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from different parties, we suggest checking their conditions of sale.
Art. 3 - Conclusion of the contract
1. To conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relevant instructions.
2. It contains the reference to the General Conditions of Sale, the images of each product and its price, the means of payment that can be used, the methods of delivery of the products purchased and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; methods and times of return of the products purchased.
3. Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form completed by the user, after verifying the correctness of the data contained therein.
5. The user will be obliged to pay the price from the moment the procedure for placing the online order is concluded. This will be done by clicking on the "Proceed to Checkout" button at the end of the wizard.
6. Once the contract is concluded, the seller takes charge of the order for its fulfillment.
Art. 4 - Registered users
1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.
2. Once registered, the user will receive a confirmation email in the email provided by him. The confirmation must be communicated no later than 5. After this period, in the absence of confirmation, Marino Car Service will be released from any commitment to the user.
3. The confirmation will in any case exempt Marino Car Service from any responsibility for the data provided by the user. The user undertakes to promptly inform Marino Car Service of any change in their data at any time communicated.
4. If the user then communicates inaccurate or incomplete data or even in the event that there is a dispute by the interested parties about the payments made, Marino Car Service will have the right not to activate or suspend the service until the relative deficiencies are remedied.
5. On the occasion of the first request for activation of a profile by the user, Marino Car Service will attribute to the same username and a password. The latter acknowledges that these identifiers constitute the system for validating the user's access to the Services and the only system suitable for identifying the user that the acts performed through such access will be attributed to him and will have binding effect on him.
6. The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them even temporarily to third parties.
Art. 5 - Availability of products
1. The availability of the products refers to the actual availability at the time the user places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of several users, the products could be sold to other customers before confirming the order.
2. Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified with the elimination of the unavailable product and the user will be immediately informed by e-mail.
3. If the user requests the cancellation of the order, terminating the contract, Marino Car Service will refund the amount paid within 2 days from the moment Marino Car Service became aware of the buyer's decision to terminate the contract.
Art. 6 - Products offered
1. Marino Car Service sells: New and used car parts
2. The offer is detailed on our website at the link: www.marinocarservice.com
Art. 7 - Payment methods and prices
1. The price of the products will be the one indicated from time to time on the site, except where there is a clear error.
2. In case of error Marino Car Service will notify the buyer as soon as possible allowing the confirmation of the order at the right amount or cancellation. In any case, Marino Car Service will not be obliged to provide what is sold at the lower price incorrectly indicated.
3. The prices of the site are inclusive of VAT and include shipping costs. Prices are subject to change at any time. Changes do not affect orders for which order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the cart. Simply follow the purchase instructions, entering or verifying the required information at each step of the process. The details of the order can be changed before payment.
5. Payment may be made by:
Bank Transfer
Cash on delivery
Payment by credit or prepaid card (visa, mastercard, American Express)
PayPal
Art. 8 - Delivery
1. Marino Car Service carries out shipments throughout the Italian territory, excluding the Vatican City State and the Republic of San Marino.
2. Marino Car Service will make its deliveries both at the home provided by the user, and at the collection points indicated at the time of purchase.
3. Delivery is made, for the Italian territory, generally within a maximum of 48/72 hours, or, if no delivery date is specified, within the estimated term at the time of selection of the delivery method and, in any case, within the maximum term of thirty days from the date of confirmation.
4. As far as the countries of the European Union are concerned, delivery will be made in 3-11 working days, and in any case, within a maximum period of thirty days.
5. In non-EU territories delivery will take place approximately in 5-11 working days.
6. If it is not possible to make the delivery, the order will be sent to the depot. In this case, a notice will specify the place where the order is located and how to agree on a new delivery.
7. If you are unable to be present at the place of delivery at the agreed time, we ask you to contact us again to agree on a new delivery date.
8. If the delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that you intend to terminate the contract.
9. As a result of the termination the amounts will be returned, including delivery costs with the exclusion of any additional costs arising from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 2 days from the date of termination of the contract. The transport resulting from the termination of the contract may have additional costs that will be borne by the buyer.
10. Shipping costs are charged to the buyer and are explicitly highlighted at the time of placing the order.
Art. 9 - Transfer of risk
1. The risks related to the products will pass to the buyer from the moment of delivery. The ownership of the products is considered acquired as soon as full payment of all amounts due in relation to them has been received, including shipping costs, or at the time of delivery, if this occurs at a later time.
Art. 10 - Guarantee and commercial conformity
1. The seller is responsible for any defect of the products offered on the site, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian law.
2. If the buyer has concluded the contract as a consumer or any natural person acting on the site for purposes unrelated to any business or professional activity carried out, this warranty is valid provided that the defect manifests itself within 24 months from the date of delivery of the products; that the buyer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the online return form is completed correctly.
3. In case of non-conformity, the user who has entered into the contract as a consumer will have the right to obtain the restoration of the conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract in relation to the disputed goods and the consequent return of the price.
4. All return costs for defective products will be borne by the seller.
Art. 11 - Withdrawal
1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
2. Marino Car Service extends this term from 14 to 30 days, it will therefore be possible for the user to withdraw from the purchase contract until the expiry of this term starting from the day following the day of receipt of the products purchased online. More information about returns can be viewed at the link https://marinocarservice.com/content/3-returns
3. In the case of multiple purchases made by the buyer with a single order and delivered separately, the term of 30 days starts from the date of receipt of the last product.
4. The user who intends to exercise the right of withdrawal of the purchase can do so by accessing the section: "HISTORY AND DETAILS OF ORDERS" on the Marino Car Service website with the creation of a practice.
The user can also send an email, indicating the order number and his name, to the following email address:
luca@marinocarservice.it
5. The buyer must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively send the withdrawal form that you can download HERE!
6. The goods can be returned to any point of sale on the Italian territory, as indicated on our web page, as well as sent to:
Marino Car Service Srl
Via Appia km 11400 Zone ASI
Carinaro (CE) 81032
+39 3713136139
7. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 2 working days, including any shipping costs.
8. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the refund until receipt of the goods or until the buyer has demonstrated that he has returned the goods.
9. The right of withdrawal will not apply in the event that the services and products of Marino Car Service are included in the categories of art. 59 of Legislative Decree 206/2005.
10. The site will perform the refund using the same means of payment chosen by the buyer at the time of purchase. In the case of payment made by bank transfer, and if the user intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for making the refund.
Art. 12 - Data processing
1. By using the site the user authorizes the processing of his personal data. This information is also valid for the purposes of Article 13 of EU Regulation no. 2016/679, relating to the protection of individuals with regard to the processing of personal data and the free movement of such data.
2. The data controller is Raffaele Marino.
3. The data processor, appointed by the owner, is Raffaele Marino.
4. The data will be processed at Via Appia km 11400 Zona ASI Carinaro (CE) 81032.
5. The processing of data takes place exclusively electronically, through tools and IT supports to ensure the security and confidentiality of the data. The information stored is protected from unauthorized access.
6. We proceed to the processing of data provided by users in relation to purchase orders, payments (which may contain name, address, contact details), IP address, all other data communicated.
7. The purpose of the use of such data is the execution of the purchase order and payments, the communication of the data to third party payment service providers, shipping as well as contacts of an informative nature about the activities and services of the site, offers of a commercial nature of affiliated companies and commercial partners.
8. The provision of data and consent to the processing for the purposes referred to in the purpose of the contract or the fulfillment of the order and the related payment is necessary for the conclusion itself as well as for the execution of the contract therefore the refusal to provide such data or to give consent to the related processing has as a consequence the impossibility for the user to purchase the products and the services offered.
9. The provision of data and consent to the processing for the purposes of commercial communications is optional. However, any refusal to provide such data or to give consent to the related processing may as a consequence make it impossible for the user to receive such additional services.
10. The user, in always has the right to have his data updated, rectified or integrated, the cancellation, transformation into anonymous form or blocking of data processed in violation of the law including those whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed, the attestation that the operations have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right.
11. The user has the right to object, in whole or in part, to the processing of personal data concerning him for legitimate reasons, even if pertinent to the purpose of the collection and processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
12. The user can also revoke at any time the consent to the processing of their data previously given to Marino Car Service.
13. All the rights provided for by EU Regulation 2016/679 can be exercised by the user, by writing to the following email: luca@marinocarservice.it
14. At the first visit the user will be invited to choose his language and will offer the possibility to save the preferred language. To this end, the user authorizes the use of identification codes c.d. cookies, i.e. small files sent by his internet server and recordable on the hard disk of the user's computer.
15. The hard drive collects information about the user's language preference and stores the pages of the site visited. Cookies are used in order to prevent the user from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the type of user's browser.
Art. 13 - Safeguard clause
1. In the event that one of the clauses of these General Conditions of Sale is null and void for any reason, this will not compromise in any case the validity and compliance with the other provisions contained in these General Conditions of Sale.
Art. 14 - Contacts
1. Any request for information may be sent by e-mail to the following address luca@marinocarservice.it, by telephone to the following telephone number: +393713136139, and by post to the following address:
Marino Car Service Srl
Via Appia km 11400 Zone ASI
Carinaro (CE) 81032
Art. 15 - Applicable law and jurisdiction
1. These General Conditions of Sale are governed by Italian law and interpreted according to it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the buyer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent and / or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the user qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.
These conditions were drawn up on 23/10/2021.