Terms and conditions of sale · Car System F.P.

Terms and conditions of the carsystemfp.com online shop

GENERAL TERMS AND CONDITIONS OF SALE FOR:

PROFESSIONALS
TRADE OPERATORS
VAT-REGISTERED PROFESSIONAL TESTERS
TRADE TRAINING CENTRES.

1 SUBJECT MATTER AND CONCLUSION OF THE CONTRACT

These terms govern the direct sale of goods by Car System F.P., with registered office at Via della Liberazione 71/F, 20068 – Peschiera Borromeo (MI), VAT no. 11668780965 – telephone 02/89694410 – e-mail: info@carsystemfp.com, through the application contained in the website www.carsystemfp.com.

In order to conclude the contract, the contracting party must sign up and register in electronic form in the company database, provide all the details needed for invoicing and for delivery of the goods, and accept these terms. After registering, the buyer may identify the item or items they intend to purchase and send the request to Car System F.P., which reserves the right to suspend or discontinue at any time the publication and updating of the catalogue of goods for sale, and to alter it in whole or in part at its own unquestionable discretion and with no obligation to give notice.

The trade marks and other distinctive signs reproduced in the online Catalogue belong to their respective owners or to Car System F.P., which prohibits any reproduction of them, even in part.

Conclusion of the contract is in every case subject to the final and unquestionable approval of Car System F.P., which, if it does not accept, must inform the buyer, in whatever form it considers most appropriate, within 20 days of the order being sent; if no communication is made within that period the contract is deemed concluded.

Car System F.P. is free not to accept orders at its own unquestionable discretion, and excludes any contractual or non-contractual liability for direct or indirect damage arising from the non-acceptance, even partial, of an order.

Car System F.P. undertakes supply obligations solely for the goods stated in the order. Any changes requested by the buyer after the request has been sent must be submitted in writing and are subject to fresh acceptance by the seller, which may, in view of the changes requested, alter delivery dates and prices compared with the original order.

The order confirmation may in no way be interpreted as implied acceptance of conditions or clauses contained in the order or elsewhere, unless they are expressly mentioned in the confirmation itself and Car System F.P. has unequivocally expressed its intention to accept them.

The contract of sale is completed only at the moment when Car System F.P. has given confirmation of purchase in the terms indicated above, electronically to the e-mail address given or, failing that, to the address of residence and/or domicile given.

The contract of sale is governed by these general terms, which form an integral and substantial part of the contract of sale, even if they are not expressly referred to in the order and/or in the order confirmation.

The order confirmation sent by Car System F.P. will contain a summary of the features of the item ordered and its price, as well as of the means of payment, the means of delivery and the costs of dispatch and delivery.

Car System F.P. is in no way liable where the customer communicates the order details incorrectly (by way of example and not exhaustively: the name and address given for dispatch of the product purchased, the features and quantity of the products covered by the order). On signing this contract the buyer is aware that the goods being sold are sold in the state in which they are, with the performance limits and the functional and/or structural defects connected with the previous use of the product itself, and in any case in good general condition, and it is for that reason that the sale price is markedly lower than an item of the same model, make and type bought new. Constant care and maintenance by the buyer are therefore necessary. The buyer is also aware that fitting the item is at their own expense and that no installation instructions are provided.

Each Contract of Sale concluded between Car System F.P. and the Customer is a separate and independent transaction. The General Terms in force at the time the Order is sent apply to each Contract of Sale.

2 PAYMENT

The buyer is required to pay for the goods by the means indicated on the order form and may not for any reason or on any ground defer or suspend the agreed payments, even if disputes have arisen over the performance or interpretation of this contract. Should delivery be deferred for any reason, the payment schedule remains unchanged. Invoices not disputed within eight days of the date of issue are deemed definitively accepted. Since no Agent or Representative has the power to collect money on behalf of Car System F.P., the effectiveness of any payments made to such persons is subject to the prior and explicit authorisation of Car System F.P. If payments are suspended or interrupted the buyer will be regarded, for all legal purposes, as in default, without prejudice to the right to terminate the contract and to claim damages at the same time. In any event, where payment in instalments has been agreed, failure to pay the agreed amount or even a single agreed instalment means the buyer loses the benefit of the term, and Car System F.P. will be entitled to demand payment of the balance in a single sum.

In the event of late payment, default interest under D.lgs. no. 231/2002 will apply.

Car System F.P. offers its customers several means of payment:

credit card or PayPal
bank transfer
cash on delivery

In every case payment must be made by the buyer at the same time as the order.

3 EXPRESS TERMINATION CLAUSE

In the event of late or missing payments in the agreed terms and forms, Car System F.P. reserves the right to take immediate legal action to recover the debt, together with the default interest set out above and legal costs. Failure to pay on the stated due dates, or of even a single agreed instalment, will entitle Car System F.P. to terminate this contract under art. 1456 of the Italian Civil Code. Termination takes effect by operation of law when Car System F.P. gives notice, electronically to the e-mail address stated on the order form or, failing that, to the address of residence/domicile, that it intends to rely on this clause

Even where the withdrawal provided for by law does not take place in the manner indicated, the rules of art. 1453 et seq. of the Italian Civil Code will apply, which impose on the buyer the obligation to pay the agreed price for the item supplied, without prejudice to the right to terminate the contract, and in any event to compensate Car System F.P. for the loss suffered.

4 DISPATCH AND DELIVERY

Car System F.P. will pack the item so as to guarantee that it arrives intact and will send it solely to the address given by the buyer.

If the item is returned for reasons still to be established, it must be sent back to the sender exactly as it was sent out. Failing that, “a charge will be set after the item has been inspected and tested.”

The Customer’s signature on the carrier’s delivery note amounts to full acceptance of the goods delivered as regards, for example, the packaging, the number of parcels received, the match between the products ordered and the products delivered, and the integrity and external features of the products.

The buyer must immediately check the condition of the goods delivered and of their packaging, and that they actually correspond to the goods requested, where appropriate writing an immediate note on the Delivery Note under the heading “ANNOTAZIONI” and accepting the goods “CON RISERVA” (with reservation), writing that wording on the courier’s receipt at the same time as signing for acceptance.

Even where the packaging is intact, the goods must be checked carefully by the customer, and any apparent defects and non-conformities (that is, objectively recognisable with ordinary care) must, on pain of losing the warranty, be reported in writing to Car System F.P. within and no later than 8 (eight) calendar days from the date of delivery.

Dispatch times are to be regarded as merely indicative and not binding. They start to run from the day on which Car System F.P. has received all the information needed to carry out the supply, and in any case after the electronic acceptance form has been sent.

Car System F.P. is not liable for any delays caused by force majeure such as, by way of example and not exhaustively, accidents, fires, explosions, strikes, lock-outs, earthquakes, disasters, floods, riots, laws, regulations and orders issued by state authorities, and other events that are difficult or impossible to foresee and that prevent it, in whole or in part, from performing within the agreed times or in the agreed manner, and any other case of delay not attributable to its wilful misconduct or gross negligence. Dispatch times are suspended in the period from 1 to 31 August and from 15 December to 6 January of the following year. The buyer may not in any case claim damages or advance other claims for delay in delivery, nor ask for the contract to be terminated. In any event, should the buyer not wish to receive what has been purchased, Car System F.P. reserves the right to claim the amount paid for the dispatch costs incurred.

5 WARRANTY AND SUPPORT

The buyer acknowledges that the goods sold (in the case of used goods) may have the performance limits and the functional and/or structural defects connected with their previous use. The parties agree that the contractual warranty lasts 1 year from the date of delivery, provided that any lack of conformity is reported in writing within 8 days of its discovery and the item has been returned to the seller for the appropriate checks. The buyer immediately loses the warranty on the item if, without the prior written authorisation of Car System F.P., they have worked on it themselves and/or asked third parties to fit and/or remove and/or replace parts. The request must also be accompanied by documents showing that the item was worked on by qualified, specialist and authorised operators.

Where the warranty applies, the Customer will be entitled solely to the replacement of the damaged products, and only on return of those products in the same condition in which they were dispatched, the Customer’s right to compensation for any damage, including consequential damage, being excluded. Should the item be returned by the buyer to the selling company, the buyer must ensure that it is perfectly packed and takes on all liability if the item is broken in transit. The warranty does not provide for any reimbursement of labour costs, consumables and/or any other incidental expense.

The warranty against defects offered does not apply where:

the documents enclosed to prove the purchase from Car System F.P. appear altered or illegible; the request will only be dealt with if the returned parcel contains the invoice (or delivery note) and the order confirmation form;
the product’s codes or serial numbers appear altered, deleted, removed or made illegible;
the product has not been installed by qualified, specialist and authorised operators;
the product has been repaired or modified by unauthorised personnel before Car System F.P. has been able to carry out the technical inspection;
the technical inspection finds that the defect in the product stems from negligence or carelessness in installation and/or use and/or maintenance;
the product, considered faulty by the buyer and returned to Car System F.P., reaches the premises of Car System F.P. without its original packaging;
in every case where the defect cannot be traced back to faults in the production, manufacture, packaging or storage of the product

6 RETENTION OF TITLE

Car System F.P. retains ownership of the goods delivered until they are paid for in full, under art. 1523 et seq. of the Italian Civil Code. If the contract is terminated because of the buyer’s default, the amounts paid remain with Car System F.P. as consideration for the use enjoyed and as an indemnity, without prejudice to compensation for any greater loss.

Car System F.P. remains released from every risk, burden and liability relating to the products once they have been handed to the carrier.

7 SET-OFF

The buyer hereby waives any set-off between the payment obligation and any claims of whatever nature.

8 RESTRICTED SALE

These General Terms govern the sale of the products marketed by Car System F.P. solely to customers acting in the course of their own entrepreneurial, commercial, craft or professional activity. By accepting these General Terms the Customer therefore declares and acknowledges that the purchase of the products relates to the entrepreneurial, commercial, craft or professional activity carried on, with the consequence that D.lgs. no. 206/2005, D.lgs. no. 185/1999 and other statutory provisions concerning consumer protection do not apply to the contract of sale.

Car System F.P. gives notice that, under Italian law 5 February 1992, no. 122, as amended, parts relating to vehicle safety such as (by way of example and not exhaustively): braking system; brake servo; brake pump/cylinder; discs/drums; complete caliper; brake carrier disc; flexible/rigid pipework; complete pedal box; handbrake cables; handbrake lever; steering; upper and lower jointed column; track rods on the rack/wheel side; power steering pipework; power steering components; front/rear suspension; struts/hubs/stub axles with their bearings; wishbones; ball joints; struts/anti-roll bars/trailing arms; crossmembers and subframes; shock absorbers; transmission; driveshafts; miscellaneous (fuel system pipework, external fuel pump, passive safety restraint systems); fuel system pipework; external fuel pump; passive safety restraint systems (belts, pretensioners, air bags), ABS; and in addition tools and files for modifying engine ECUs: 1) removal of CODE NO IMMO; 2) engine calibration “MAPS”.

CODE units: 1) removal of “CODE NO IMMO”.

Body Control Modules – Multifunction Modules: 1) changes to functional applications.

ABS units: 1) restoring the ABS after data or file loss.

Airbag units: 1) restoring functional data after a “crash” or data loss.

Radio CD – Sat nav: 1) restoring the pin code after data loss.

They may be sold solely to those registered with businesses carrying on vehicle repair activity (FOR EXPERIMENTAL AND SPORTING USE AND REPAIR TESTING ONLY). Under that law, vehicle repair activity therefore covers: 1. mechanical and engine work; 2. bodywork; 3. auto electrics; 4. tyre fitting; 5. trade operators holding specific dedicated licences.

For that reason Car System F.P. reserves the right to fulfil orders containing parts belonging to the categories listed above, or which in its unquestionable judgement it considers may belong to them.

9 GOVERNING LAW AND JURISDICTION

The general terms of sale set out above are governed exclusively by Italian law, regardless of where the buyer is located or where the order is to be sent.

For any dispute or claim arising out of this contract the courts of Milan will have exclusive jurisdiction; that jurisdiction may not be departed from on any ground of related proceedings, enforcement, ancillary claims or joinder of actions.

10 PRIVACY NOTICE

Privacy notice under art. 13 D.Lgs. 196/03 “Codice in materia di protezione dei dati personali” (Italian personal data protection code). The data will be processed, by manual, computerised and/or electronic means, for the purposes of registering on the site, performing contractual obligations and, only with the Customer’s consent, subscribing to the newsletter and sending commercial communications and marketing. Certain external parties (appointed as Data Processors) and the relevant categories of authorised staff may come to know the Customer’s data. The data may be disclosed to external companies and/or consultants for the carrying out of business activities or to comply with statutory requirements. The Customer may contact the Privacy Service at the data controller (or by writing to Car System F.P.) to check their data and have it supplemented, updated or corrected and/or to exercise the other rights provided for by art. 7 of the Code. The data controller is Car System F.P., with offices at Via della Liberazione 71/F – 20068 Peschiera Borromeo (MI) (Italy)

GENERAL TERMS AND CONDITIONS OF SALE FOR CONSUMERS:

PRIVATE INDIVIDUALS
TESTERS WITHOUT A VAT NUMBER

1 SUBJECT MATTER AND CONCLUSION OF THE CONTRACT

These terms govern the direct sale of goods by Car System F.P., with registered office at Via della Liberazione 71/F – 20068 Peschiera Borromeo (MI), VAT no. 11668780965 – telephone 02/89694410 – e-mail: info@carsystemfp.com, through the application contained in the website www.carsystemfp.com

The trade marks and other distinctive signs reproduced in the online Catalogue belong to their respective owners or to Car System F.P., which prohibits any reproduction of them, even in part.

It is clarified that any clause or condition inserted by the customer in the order, in correspondence or elsewhere is invalid and ineffective unless specifically accepted in writing by Car System F.P. The order confirmation may in no way be interpreted as implied acceptance of conditions or clauses contained in the order or elsewhere, unless they are expressly mentioned in the confirmation itself and Car System F.P. has unequivocally expressed its intention to accept them.

The order confirmation sent by Car System F.P. will contain a summary of the General Terms and Conditions of Sale, of the features of the item ordered and its price, as well as of the means of payment, the means of delivery and the costs of dispatch and delivery.

2 PAYMENT

The buyer is required to pay for the goods by the means indicated on the order form and may not for any reason or on any ground defer or suspend the agreed payments, even if disputes have arisen over the performance or interpretation of this contract. Should delivery be deferred for any reason, the payment schedule remains unchanged. Invoices not disputed within eight days of the date of issue are deemed definitively accepted. Since no Agent or Representative has the power to collect money on behalf of Car System F.P., the effectiveness of any payments made to such persons is subject to the prior and explicit authorisation of Car System F.P. If payments are suspended or interrupted the buyer will be regarded, for all legal purposes, as in default, without prejudice to the right to terminate the contract. In any event, where payment in instalments has been agreed, failure to pay the agreed amount or even a single agreed instalment means the buyer loses the benefit of the term and Car System F.P. will be entitled to demand payment of the balance in a single sum.

In the event of late payment, default interest under D.lgs. no. 231/2002 will apply.

Car System F.P. offers its customers several means of payment:

credit card or PayPal
bank transfer
cash on delivery

In every case payment must be made by the buyer at the same time as the order

3 EXPRESS TERMINATION CLAUSE

4 DISPATCH AND DELIVERY

Car System F.P. will pack the item so as to guarantee that it arrives intact and will send it solely to the address given by the buyer.

Carriage is at the buyer’s risk even where the goods are loaded onto vehicles belonging to Car System F.P., couriers, carriers, the post office and so on; all liability on its part therefore ends when the goods are handed to the carrier. The Customer’s signature on the carrier’s delivery note amounts to full acceptance of the goods delivered as regards, for example, the packaging, the number of parcels received, the match between the products ordered and the products delivered, and the integrity and external features of the products.

5 RIGHT OF WITHDRAWAL

The consumer has the right to withdraw from the contract of sale without any penalty and without having to give a reason within 14 days of delivery of the item.

Withdrawal may be exercised solely by sending to the offices of Car System F.P. (at Via della Liberazione 71/F – 20068 Peschiera Borromeo (MI)) a registered letter with acknowledgement of receipt. That registered letter must contain the customer’s bank details so that the refund can be issued. Notice of withdrawal may also be sent within that period by telegram, e-mail or fax, provided that the Buyer subsequently confirms it by registered letter with acknowledgement of receipt within the following 48 hours. The registered letter is deemed sent in time if it is handed in at the accepting post office within that period.

Once confirmation that the withdrawal has been accepted has been received from Car System F.P., the buyer must return the product purchased, bearing the cost of dispatch, within 14 days of receiving the confirmation. Only on receipt of the item intact will Car System F.P. refund the price of the product to the buyer, unless it is forced to incur costs attributable to the buyer, in which case it will be entitled to retain all or part of the price of the item.

The item being returned must be intact: that is an essential condition for exercising the right of withdrawal. Dispatch is entirely at the customer’s risk until receipt at our warehouse has been confirmed; if the item is damaged in transit, Car System F.P. will inform the customer of what has happened (within 5 working days of receiving the item at its warehouses), so that a claim can be made promptly against the courier the customer chose and the value of the item recovered (if insured); in that event the product will be made available to the customer for return, and the withdrawal request will be cancelled at the same time. Where the right of withdrawal is not exercised in the agreed forms, please note that the orders signed by the buyer are binding, and if the goods have already been dispatched and are refused from the courier, or are not delivered through the customer’s direct responsibility, an invoice will be issued for the full cost of dispatch and for the cost of return to the sender, to be settled immediately on the seller’s request.

6 WARRANTY AND SUPPORT

The buyer acknowledges that the goods sold (in the case of used goods) may have the performance limits and the functional and/or structural defects connected with their previous use. The parties agree that the contractual warranty lasts 12 months from the date of delivery, provided that any lack of conformity is reported in writing within 8 days of its discovery and the item has been returned to the seller for the appropriate checks. The buyer immediately loses the warranty on the item if, without the prior written authorisation of Car System F.P., they have worked on it themselves and/or asked third parties to fit and/or remove and/or replace parts. The request must also be accompanied by documents showing that the item was worked on by qualified, specialist and authorised operators.

Where the warranty applies, the Customer will be entitled solely to the replacement of the damaged products on their return, the Customer’s right to compensation for any damage, including consequential damage, being excluded. Should the item be returned by the buyer to the selling company, the buyer must ensure that it is perfectly packed and takes on all liability if the item is broken in transit. The warranty does not provide for any reimbursement of labour costs, consumables and/or any other incidental expense.

The warranty against defects offered does not apply where:

the documents enclosed to prove the purchase from Car System F.P. appear altered or illegible; the request will only be dealt with if the returned parcel contains the invoice (or delivery note) and the order confirmation form;
the product’s codes or serial numbers appear altered, deleted, removed or made illegible;
the product has been repaired or modified by unauthorised personnel before Car System F.P. has been able to carry out the technical inspection;
the technical inspection finds that the defect in the product stems from negligence or carelessness in use
the product, considered faulty by the buyer and returned to Car System F.P. under the following clause, reaches the premises of Car System F.P. without its original packaging;
in every case where the defect cannot be traced back to faults in the production, manufacture, packaging or storage of the product.

7 RETENTION OF TITLE

8 SET-OFF

The buyer hereby waives any set-off between the payment obligation and any claims of whatever nature.

9 RESTRICTED SALE

Car System F.P. gives notice that, under Italian law 5 February 1992, no. 122, as amended, parts relating to vehicle safety such as (by way of example and not exhaustively): braking system; brake servo; brake pump/cylinder; discs/drums; complete caliper; brake carrier disc; flexible/rigid pipework; complete pedal box; handbrake cables; handbrake lever; steering; upper and lower jointed column; track rods on the rack/wheel side; power steering pipework; power steering components; front/rear suspension; struts/hubs/stub axles with their bearings; wishbones; ball joints; struts/anti-roll bars/trailing arms; crossmembers and subframes; shock absorbers; transmission; driveshafts; miscellaneous (fuel system pipework, external fuel pump, passive safety restraint systems); fuel system pipework; external fuel pump; passive safety restraint systems (belts, pretensioners, air bags), ABS (FOR EXPERIMENTAL AND SPORTING USE AND REPAIR TESTING ONLY).

In addition “FILES and tools” for modifications, to be put into practice by a registered and authorised trade professional.

Engine ECUs: 1) removal of “CODE NO IMMO”; 2) removal of the “EGR” valve; 3) removal of the “DPF”; 4) engine calibration “MAPS”.

The services under points 1, 2, 3 and 4 are sold only at the customer’s request, with personal documents and the intended use attached; after specific checks Car System F.P. will proceed with the sale.

CODE unit: 1) removal of “CODE NO IMMO”

The service under point 1 is sold only at the customer’s request, with personal documents and the intended use attached; after specific checks Car System F.P. will proceed with the sale.

ABS units: 1) restoring “ABS” functions after data loss.

The service under point 1 is sold only at the customer’s request, with personal documents and the intended use attached; after specific checks Car System F.P. will proceed with the sale.

Airbag units: 1) restoring functional data after a “crash” or data loss.

The service under point 1 is sold only at the customer’s request, with personal documents and the intended use attached; after specific checks Car System F.P. will proceed with the sale.

Radio-CD-Sat nav: 1) restoring the “PIN CODE” after loss of the CODE card or CAR PASS.

The service under point 1 is sold only at the customer’s request, with personal documents and the intended use attached; after specific checks Car System F.P. will proceed with the sale.

They may be sold solely to those registered with businesses carrying on vehicle repair activity. Under that law, vehicle repair activity therefore covers: 1. mechanical and engine work; 2. bodywork; 3. auto electrics; 4. tyre fitting.

10 GOVERNING LAW AND JURISDICTION

The general terms of sale set out above are governed exclusively by Italian law, regardless of where the buyer is located or where the order is to be sent.

11 PRIVACY NOTICE

IMPORTANT

Orders are binding. If the goods have not yet been dispatched, it is enough to cancel the order in good time by e-mail or telephone.

If the goods have already been dispatched and are refused from the courier, or are not delivered through the customer’s direct responsibility, an invoice will be issued for the full cost of dispatch and for the cost of return to the sender, to be settled by the means that will be communicated to you.

The customer will be expressly asked to pay the sum within a set period; if it is not paid, the matter will be referred to our legal department.

Car System F.P. accepts no responsibility for the purchase of goods that conflict with particular rules in force in individual countries restricting their sale.

The used part must be inspected and certified before use.

DISPATCH IS MADE CPT PLACE OF DESTINATION (Incoterms ® 2010).

(*) CPT = Carriage Paid To

JURISDICTION

In the event of a dispute the courts of Milan will have exclusive jurisdiction.

PARTS RELATING TO VEHICLE SAFETY

Parts such as:

Braking system:
- brake servo;
- brake pump/cylinder;
- discs/drums;
- complete caliper;
- brake carrier disc;
- flexible/rigid pipework;
- complete pedal box;
- handbrake cables;
- handbrake lever.
Steering:
- upper and lower jointed column;
- track rods on the rack/wheel side;
- power steering pipework;
- power steering components.
Front/rear suspension: ◦ struts/hubs/stub axles with their bearings;
- wishbones;
- ball joints;
- struts/anti-roll bars/trailing arms;
- crossmembers and subframes;
- shock absorbers.
transmission:
- driveshafts
Miscellaneous:
- fuel system pipework;
- external fuel pump;
- passive safety restraint systems (belts, pretensioners, air bags).
ABS

relating to vehicle safety, may be sold solely to those registered with businesses carrying on vehicle repair activity under Italian law 5 February 1992, no. 122, as amended. Under that law, vehicle repair activity covers the following divisions:

mechanical and engine work;
bodywork;
auto electrics;
tyre fitting.

Reference to Italian Legislative Decree 24 June 2003, no. 209 and law 5 February 1992 no. 122.

For that reason Car System F.P. reserves the right to fulfil orders containing parts in this category only in part, or to cancel them entirely.

These parts may be ordered by providing the details of the vehicle repairer who will physically fit them.

COUNTRIES WHERE THE GOODS CAN BE DELIVERED:

WORLDWIDE.