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General sale conditions

The offer and sale of products made through the site (www.casabugatti.com) (hereinafter, the Website), owned by the company ILCAR DI BUGATTI SRL, with registered office in Italy, (25065) Lumezzane (BS), Via Industriale, no. 69, registered in the Brescia Business Register R.E.A. n. BS - 170640, Tax Code 00299790170 and VAT number 00552330987, represented by Ottorino Bugatti, (hereinafter, Ilcar or the Company), are governed by the following general sale conditions (hereinafter, the General Sale Conditions).

 

ARTICLE 1 - SCOPE OF APPLICATION

1.1 The sale of products (hereinafter, the Products) through the Website is a distance contract regulated by articles 45 and followings of the Italian Consumer Code (D.lgs. n. 206/2005) and also by the Italian rules of electronic commerce (D.lgs. n. 70/2003).

1.2 General Sales Conditions can be changed and/or modified at any time. Eventual changes and/or new conditions will be valid starting from the date of their release on the Website. For this reason, before placing any order, yous are kindly invited to visit regularly the website in order to read the most updated version of the General Sale Conditions. The General Sale Conditions applicable are the ones in force at the same date of the purchase order on the website.

 

ARTICLE 2 - PURCHASES ON THE WEBSITE

2.1 You can access to the Website if you are 18 years old or older and if you are an end consumer, as established by article 3, paragraph 1, lett. a) of Italian Consumer Code. End consumer is a physical person not acting for commercial, crafts, entrepreneurial or professional activity eventually performed.

2.2 You can access to the Website also if you are a professional, understood as a physical person or a legal entity acting in the exercise of his/her/its business, commercial, craft or professional activity or his/her/its intermediary, as required by article 3, paragraph 1, lett. c) of the Italian Consumer Code.

2.3 Notwithstanding article 2.2 of the General Sale Conditions retailers or jobbers and generally all subjects who would like to buy the Products to sell them again cannot buy on the Website. The mentioned subjects are forbidden to register on the Website and buy on it.

 2.4 Ilcar can reject or cancel all the orders received by

(i) a user with whom it has a legal dispute;
(ii) a user who in the past already infringed the present General Sale Conditions;
(iii) a user who defrauded in using different methods and, in particular, who arranged defrauded payments by credit cards;
(iv) a user who released false incomplete or inexact or wrong identification data, or who didn’t send to Ilcar the requested documents or who sent to Ilcar invalid documents; (v) an user who doesn’t have sufficient solvency guarantees.

 

ARTICLE 3 - REGISTRATION ON THE WEBSITE

3.1 The buying of the products on the Website is allowed to registered users. The registration to the Website is free. To register to the Website you must fill the registration form you can find in the Website.

3.2 The registration credentials must be used only by you who created them and cannot be given to anyone. You commit to keep them secrets and make sure that none can use them and also commit to inform immediately Ilcar, by contacting as indicated in article 14, in case of unauthorized use and/or disclosure of them. You guarantee that provided personal informations during registration procedure to the Website are true and complete. You accept to keep Ilcar safe from any damage, obligation of indemnity and/or any penalty resulting by and/or in any case linked to the violation by you of the rules about the registration to the Website or the storage of registration credentials.

 

ARTICLE 4 - INFORMATION ABOUT THE CONCLUSION OF THE CONTRACT

4.1 In accordance to Italian rules on electronic commerce, Ilcar informs you that

a) in order to conclude the buying contract of one or more than one product on the Website, you must fill the order form in electronic format and transmit it electronically to Ilcar, by following the instructions you will find in all different pages you will browse during all different buying steps;
b) the contract is successfully finalized when the order form arrives to Ilcar server;
c) once the order form is recorded and once payment authorization of the total value to be paid is successfully received, Ilcar will send the order confirmation to you, by e-mail to the indicated e-mail address, which will include a recap of the General Sale Conditions and the specific conditions applicable to the contract, all related information to the bought product, the detailed indication of the price, used payment method, the information about the right of withdrawal, the freight costs and the eventual additional costs and the Customer Service contact details, to whom you could ask any information for assistance and/or complaints. You are kindly requested to save the mail received as proof of purchase. The General Sale Conditions applicable to the order as the instructions about the right of withdrawal and the form for the withdrawal whom at article 10 will be attached to the e-mail communicating the delivery of the purchased product/s;
d) the order form will be saved in Ilcar database for the time necessary to prepare and to deliver the order and, in any case, respecting the timings indicated by the law. If the consumer wants to check the order form he can examine his account. 

 

ARTICLE 5 - OFFERS VALIDITY AND PRICES

5.1 All prices are in Euro currency (€) and include the Value Added Tax (VAT). Any eventual additional cost, always including the VAT and always in Euro currency (€), will be expressly indicated separately in the order form, before you proceed to the transmission of it, and will be also indicated inside the e-mail containing the order confirmation. Duties and local taxes different from VAT are exceptions and should be paied directly to the carrier.

5.2 The price of the Products can be modified by Ilcar in any moment, without any previous notice, being understood that the price you will pay is the one present in the product information sheet where he can find the main features of the product (hereinafter, Product Details Sheet) at the moment of the order. In case of price modifications after the transmission of the order there won’t be any changes in the price (increasing and in decrease) to be paid by you.

5.3 In the Website Ilcar can sell product with discounted prices. The list price against which the discount is calculated will be indicated on the Website. Only the discounted price in force on the date of purchase will be applied without any consideration of price increases or decreases, even for promotions, which may have occurred subsequently or previously concluded. All discounted prices are in Euros and include VAT.

 

ARTICLE 6 - PURCHASE ORDERS – INFORMATIONS ABOUT THE PRODUCTS

6.1 Ilcar will manage the purchase order and will proceed with the delivery of the Product bought, only after having received the confirmation on the payment authorization of the total due amount, consisting of the buying price, the eventual freight costs (if they must be applied), and of any other additional cost, as indicated in the order form (hereinafter, the Total Due Amount). In case of not successful payment of the Total Due Amount or in case of not confirmation of the payment, the purchase contract won’t be finalized and will be terminated due to the effects of art. 1456 of the Italian Civil Code. You will be informed about the termination of the contract and about the cancellation of the order immediately after the transmission of the order, through the Website.

6.2 The Products will stay on Ilcar property until the full payment by you of the Total Due Amount. The risk of damage or loss of the Products not due to Ilcar will be transferred directly to you when you or a designated third party and different by the carrier will have the physical possession of the Products.

6.3 Every Product has a Product Details Sheet. The images and the descriptions on the Website show, as faithfully as possible, the features of the Products. The colors of the Products may differ in comparison to the real ones due to the settings of electronic systems or due to the different personal computers used by you to see them. Also the images of the Product in the Product Sheet may differ in terms of dimensions or due to additional accessories. Hence the images must be used as an indication. For the purpose of the Purchase Contract the description of the Product in the order form transmitted by you will be considered faithful.

 

ARTICLE 7 - DELIVERY OF PURCHASED PRODUCTS

7.1 Ilcar delivers the Products all over the world, with standard or express service. Any delivery limits will be communicated on the Website any time when needed.

Delivery charges, unless if otherwise clearly indicated, are:

 MARKET  DELIVERY CHARGE FREE SHIPPING FROM
 ITALY - SAN MARINO REPUBLIC - VATICAN CITY  € 8,90  € 99,00
 UNITED KINGDOM  € 35,00  € 199,00
 EUROPE  € 15,90  € 249,00

7.2 The delivery is free of charge unless otherwise specified on the Website. When you must pay the freight costs related to an order, the amount is expressly and separately indicated (in Euro currency and including VAT) during the purchase procedure, also indicated in the recap of the order and, in any case, before the transmission of the order. In the case of omitted indication of a specific delivery date, in any case, the delivery will be done within 30 (thirty) days starting from the date of the conclusion of the contract.

7.3 In case of partial withdrawal of multiple orders, the freight cost amount to be refunded will be quantified proportionally to the value of the withdrew Product.

7.4 The delivery obligation is accomplished when you have the material availability of the Product/s or, in any case, when you have checked the Product/s. It’s up to you to check the conditions of the Product you received/accepted and collected. Being understood that the risk of loss of damage of the Products, for reasons that cannot be attributed to Ilcar is transferred to you when you, or anyone you have designated and different by the carrier, has the material possession of the Product, you is strongly recommended to verify and to check the number of Products received, that the boxes are intact, not damaged, not wet or has beed altered, even on the closure systems; so you are kindly invited, in your proper interest, to indicate by writing any defects on the transport document of the carrier, and to accept with reserve the box/boxes. In case of loss or damage of the Product/s if you accept the delivery of the Product/s without any conditional acceptance/acceptance with reservation you cannot take any legal action against the carrier, except in the case the loss or the damage are due to willful misconduct or gross negligence of the same carrier and except for partial loss or damage not recognizable at the moment of the delivery, but, in this case, the damage must be reported immediately when discovered and not more than 8 (eight) days after the reception of the box/boxes. In case the box/boxes has/have evident signs/marks of tampering or alteration, Ilcar kindly recommends you to communicate them, as soon as you can, to the Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity is always valid. The carrier will make 2 (two) delivery attempts; after them, the carrier will send the Product/s back to Ilcar which will refund you on the same payment method used by you to purchase your order. At the moment of the delivery nothing is due to the carrier unless duties or local taxes different from VAT must be applied.

7.5 In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, you can invite Ilcar to make the delivery within an additional period appropriate to the circumstances. If the additional term thus granted expires without the Product having been delivered to you, you will be entitled to terminate the contract, without prejudice to the right to compensation for damages and within the limits set out in Article 61, paragraph 4, of Italian Consumer Code.

 

ARTICLE 8 - UNAVAILABILITY OF THE PRODUCTS

8.1 In all cases of unavailability of the purchased Product, without prejudice of your rights, you will be immediately informed by e-mail. You will have the right to terminate immediately the contract, without prejudice to the right of compensation for damages, according to and for the effects of what indicated by article 61, paragraphs 4 and 5, of the Italian Consumer Code. In case you would like to use the right of termination of the contract provided for article 61, paragraphs 4 and 5, of the Italian Consumer Code or in the case of a payment successfully done for the Total Due Amount, Ilcar, without any prejudice to the right to compensation for damages, will refund the amount without any delay and, in any case, within 15 (fifteen) working days from the day of the sending of the order. Ilcar will communicate via e-mail the amount to be refunded. The amount will be refunded on the same payment method used by you for your buying. Eventual delays in the refund may be due to the type of the bank, the type of the credit card or to the payment solution used by you. In any case the currency date will be the same of the one of the charge.

8.2 In case of orders composed by several Products (hereinafter, the Multiple Order), so far as the occurred unavailability concerns only some of the Products of the Multiple Order – without any prejudice to the rights attributed to you by law and without any prejudice of the application of previous article 8.1, or so far as the occurred unavailability concerns all the Products of the Multiple Order – Ilcar will advise you via e-mail. You will have the right to terminate immediately the contract, restrictly to the Product/Products become unavailable, without any prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of the article 61, paragraphs 4 and 5, of the Italian Consumer Code. In case you would like to use the right to terminate the contract as per article 61, paragraphs 4 and 5, of the Italian Consumer Code, referring to this/these Product/s become not available, or rather in any case the payment of the Total Due Amount has been already done successfully, Ilcar, without any prejudice to the right to compensation for damages, will refund the amount related to the Product/s, including freight costs, and will refund also any due additional cost specifically related to these Products (hereinafter, the Partial Due Amount) without any delay and in any case within 15 (fifteen) working days from the date of the order. Ilcar will communicate the amount to be refunded via e-mail. The amount will be refunded with the same payment method used by you for your buying. Any delays in the refund may be due to the type of the bank, the type of the credit card or to the payment method used by you. In any case the currency date will be the same of the charge. The termination of the complete Multiple Order will be possible only in case of evident and proven accessory of the unavailable Products to the other available Products in the Multiple Order.

 

ARTICLE 9 - PAYMENT METHODS

9.1 Payment for the Products can be made by Visa and MasterCard credit cards, by Maestro debit cards, by the Bancomat B-Pay and MyBank payment systems. In the event that one of these payment methods/solutions cannot be used in relation to a specific Product, this circumstance will be clearly indicated on the Website.

9.2 Payment for the Products can be made by the Website. No charge will be made on the credit card used by you for payment at the time the order is sent. The charge will take place after
(i) the details of the card used by you for payment have been verified and
(ii) the company issuing the card used by you has issued the debit authorization.

9.3 The commercial invoice will be sent by e-mail. For the issuance of the invoice, the information provided by you will be authentic, which you declare and guarantee to be truthful, undertaking to hold Ilcar harmless and indemnified from any damage, including penalties issued by the competent authorities, which may arise in the case of lack of correspondence to the truth of the same.

 

ARTICLE 10 - SECURITY GUARANTEE OF THE PAYMENTS

10.1 In order to have the guarantee of security of the payments made on the Website and in order to prevent any fraud, Ilcar reserves the right to ask via e-mail to you, to send, always via e-mail, a double-sided copy of your identity card, and in the case of different holder of the order, Ilcar reserves the right to ask also the identity card of this one. The identity document must be valid. In the e-mail Ilcar will indicate within how much time will have to receive it. In any case, this deadline will not exceed 5 (five) working days starting from the day of receipt of the request by you. While waiting for requested identity document, the order will be suspended. You must send the requested documents within the indicated deadline.

10.2 In case Ilcar doesn’t receive the requested documents within the deadline indicated in the e-mail of request or receives expired or not valid documents, the contract will be considered terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the order will be cancelled, without prejudice to the right of Ilcar to compensation for any damage in which it may be incurred due to the non-compliant behavior of you. The termination of the contract, whom Ilcar will advise you via e-mail, no later than 5 (five) working days after the deadline expires for the dispatch of the requested documents, will result in cancellation of the order, resulting in refund of the Total Due Amount.

10.3 In case Ilcar receives valid documents within the date indicated in the e-mail as per article 10.2, the delivery terms will start from the date of receipt of the documents.

10.4 Confidential credit card data (credit card number, expiration date, security code) are encrypted and are transmitted directly to the payment manager without passing through the servers used by Ilcar. So Ilcar has no access and doesn’t save any credit card data used by you for the payment of the Products, without prejudice to the data concerning the card holder, as per Articles 10.1 and 10.2 of the General Sale Conditions.

 

ARTICLE 11 - RIGHT OF WITHDRAWAL

11.1 You who have the quality of end consumer is entitled to withdraw from the contract concluded with Ilcar, without paying any different costs in comparison to the ones indicated at this point and doesn’t have any obligation of specifying the reason for, within 14 (fourteen) calendar days (hereinafter, the Withdrawal Period). The Withdrawal Period expires after 14 (fourteen) days:

a) in case of an order of one Product, starting from the day when you or a third person, different from the carrier and elected by you, acquires the physical possession of the Product; or
b) in case of an order of more than one Product/Multiple Order with separated deliveries, from the day when you or a third person, different from the carrier and elected by you, acquires the physical possession of the last Product; or
c) in case of an order related to the delivery of a Product composed by different batches or by multiple pieces, from the day when you or a third person, different from the carrier and elected by you, acquires the physical possession of the last batch or the last piece.

In the event of the purchase of a customized or made-to-measure Product, you will not be entitled to the withdrawal provided for by Italian Consumer Code and governed by this article of the General Conditions. The Product is considered customized or made to measure if it has specific characteristics, expressly requested by you when you make the order, which cannot be eliminated, for technical reasons and / or for the costs that their removal would involve.

11.2. To exercise the Right of Withdrawal, you must inform Ilcar about his decision to withdraw, before the expiration of the Withdrawal Period.

11.3 For the return of the Product, you, after having exercised the right of withdrawal in the manner indicated in this article, will be contacted by Ilcar which will provide instructions for returning the Product, indicating the courier and agreeing on the delivery date. The direct costs of returning the Product are borne by you. The return of the Product to Ilcar takes place under your responsibility; the Product is considered returned when it is delivered to Ilcar. You can ask Ilcar to collect the Product for return at your own expense.

11.4 If you withdraw from the contract, Ilcar will refund the Total Amount Due paid by you for the Product, including delivery costs, if applicable, no later than 14 (fourteen) calendar days from the day on which Ilcar was informed of your decision to withdraw from the contract and after checking the requirement of the Product returned to Ilcar as governed by the following article 11, paragraph 5, of the General Conditions. The refund will be made using the same payment method used by you for the initial transaction; in any case, you will not have to incur any costs as a result of this reimbursement. If you have received the discount application for the purchase of the Product for which you have exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by you, and not with regard to the value of the discount code. In the event of the purchase of a customized or made-to-measure product, you will not be entitled to the refund provided for in this article of the General Conditions.

11.5 You are only responsible of the decrease in value of the goods due to a different use of the Product to the one necessary to establish the features and the Product functioning. In any case the Product must be kept, handled and inspected with the normal diligence and returned intact, complete in all his parts, fully functional, must include also all the accessories and the illustrative leaflets, the labels and the seal, if present, attached to the Product and intact and not tampered, and perfectly suitable for the use to which it is intended and free of signs of wear or dirt. The withdrawal is applied to the Product in its entirety. In this sense it cannot be exercised just for some parts and/or accessories (which don’t represent and are not autonomous products) of the Product.

11.6 In the event that the withdrawal has not been exercised in compliance with the provisions of the applicable legislation, it will not result in termination of the contract and, by consequence, won’t create any right of reimbursement. Within 5 (five) days from the reception of the Product Ilcar will communicate to you that it will reject the withdrawal request. In case the Product already arrived back to Ilcar, it will stay to Ilcar for your disposal for the pick-up that will have to be done on charge and under your responsibility.

11.7 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from a manipulation of the good different from the one necessary to establish the nature, the features and functioning of the Product, the amount of the refund will be decreased by a value equal to this decrease in value. Within 5 (five) working days from the reception of the Product Ilcar will communicate to you the consequent reduced amount of the refund, and in case the refund has already been done Ilcar will also communicate to you the bank details for the payment to be done by you due to the reduction of the value of the Product.

11.8 In case the right of withdrawal cannot be applied, using one of the legal hypotheses, you will be specifically and expressly informed in the Product Sheet and, in any case, during the buying process, before you can proceed with the transmission of the order. According to the article 59 of the Italian Consumer Code, you cannot use the right of withdrawal as it is excluded, moreover, when the sale is about a tailored Product or when the product is clearly personalized and/or when the sale is about sealed Products opened after the delivery that cannot be returned due to hygienic or health-related reasons.

 

ARTICLE 12 - LEGAL GUARANTEE OF CONFORMITY

12.1 All the Products sold on the Website are covered by the Legal Guarantee of Conformity provided by articles 128- 135 of Italian Consumer Code.

12.2 The Legal Guarantee is reserved to end consumers. So it is applied only to users who made the purchase on the Website for purposes not related to a business activity, commercial activity, craft or professional activity eventually carried out. For those who have purchased on the Website and who do not hold the quality of end consumers, the guarantees for quality defects of the sold thing will be applied as all others guarantees foreseen by the Italian Civil Code with their terms, expirations and limits.
Ilcar is liable to the end consumer for any lack of conformity existing at the time of delivery of the Product and which occurs within 2 (two) years of its delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within 2 (two) months from the date on which it was discovered. Unless proven otherwise, it is presumed that the conformity defects that occur within 6 (six) months from the delivery of the Product were already existing on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. From the seventh month following the delivery of the Product, it will instead be the burden of the consumer to prove that the lack of conformity was already existing at the time of the delivery of the Product. In order to take advantage of the legal guarantee, first of all you will have to provide the proof of the date of purchase and of the date of delivery of the goods. So, for the purposes of such proof, it is appropriate that you keep the purchase invoice, which Ilcar sends you, or any other document that can attest to the date of purchase and the date of delivery.

12.3 There is a lack of conformity, when the purchased Product

a) is not suitable for the use to which goods of the same type are normally used;
b) is not compliant to the description made by the seller and doesn’t have the qualities of the good the seller showed to the end consumer as sample;
c) doesn’t have the qualities and the usual performances of a good of the same type, that the end consumer can reasonably look for, also considering the declarations made in advertising or in labelling;
d) is not suitable for the particular use desired by the consumer and this last communicated this to the seller at the moment of the conclusion of the contract and that the seller accepted.

Eventual damages or malfunctions or different defects due to accidental events or to your responsibility or an use of the Product not compliant with its intended use and/or as provided in the technical documentation attached to the Product, if any, or in the instructions for use related to are excluded by the scope of the Legal Guarantee.

12.4 In case of lack of conformity duly reported in terms, you have the right

a) to choose replacement of the good, unless the remedy requested is objectively impossible or excessively expensive with respect to the other and, therefore, in the specific case, considering the type of sale, the substitution, where this is possible in relation to the number of units still available for sale;
b) secondary (in the case in which the replacement is impossible or excessively expensive or the replacement has not been carried out within reasonable terms or the replacement previously carried out have caused significant inconvenience to the consumer) to the price reduction or to the termination of the contract, always at his choice.

The required remedy is excessively burdensome if it imposes unreasonable costs on the seller in comparison to the alternative remedies that can be carried out, keeping in consideration

(i) the value that the asset would have if there were no lack of conformity;
(ii) the extent of the lack of conformity;
(iii) the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.

12.5 In the event that a Product purchased on the Website, during the period of validity of the Legal Warranty, reveals what could be a lack of conformity, you must contact Customer Service, at the addresses and in the manner indicated in article 13 of the General Sale Conditions. Ilcar will promptly reply to the communication of the alleged lack of conformity and will indicate to you the specific procedure to follow, also to agree on the method of shipping the goods and keeping in consideration the product category to which the Product belongs to and/or the reported defect.

12.6 In case of termination of the contract, Ilcar will refund to you the total paid amount, composed by the purchase price of the product, by the freight costs and by any other additional cost paid by you. In case of price reduction, Ilcar will refund the amount of the reduction, previously agreed with you. Alternatively, you could choose to receive a purchase coupon, to be spent on the Website, for the same amount of the amount of the refund or, respectively, equal to the reduction he has the right to receive. The refund or the reduction amount will be communicated to you via e-mail and will be charged back on the same payment method used by you for the purchase.

12.7 Ilcar is not responsible in case of damages of any nature, resulting by an improper use and/or an use not in accordance with the instructions provided by the manufacturer or in case of damages deriving from unforeseeable circumstances or force majeure.

12.8 If you are a professional, as defined in article 2, paragraph 2, of the General Sale Conditions, the Products will be guaranteed against defects in the materials used and construction for a period of 1 (one) year from the date of purchase and the provisions of the preceding paragraphs will be not applied to you if these provisions are exclusively intended to regulate a purchase made by a end consumer as defined in article 2, paragraph 1, of the General Sale Conditions.

 

ARTICLE 13 - CONTACTS

13.1 You can request information, send communications, request assistance or submit complaints by contacting Ilcar in the following ways:

a) by mail by writing to Ilcar di Bugatti Srl, Via Industriale, n. 69, 25065 Lumezzane (BS)
b) by e-mail by writing to ecommerce@casabugatti.it;
c) using the appropriate form on the Site on the Contact page.

13.2 Ilcar will respond to complaints submitted within 5 (five) working days of receipt of the same.

 

ARTICLE 14 - APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION

14.1 The contracts concluded between Ilcar and you are governed by the Italian law. To you, if you are not regularly resident in Italy, will be applied possibly more favorable and mandatory provisions provided by the law of the country in which you are habitually resident, and in particularly related to the term for the exercise of the right of withdrawal, to the term to return the Products, in case you would like to exercise this right, to the methods and the formalities of the communication of this right and to the legal conformity guarantee.

14.2 Regarding the end consumer, for any dispute concerning the application, execution and interpretation of these General Sale Conditions, the court of the place where you reside or have elected his domicile is competent.

14.3 According to article 141-sexies, paragraph 3, of Italian Consumer Code, Ilcar informs you as an end consumer, that, in case you have submitted a complaint directly to Ilcar, as a result of which it was not possible to resolve the controversy, Ilcar will provide the information concerning the organization of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded in accordance with these General Sale Conditions, also specifying if you want to use or not these organizations in order to solve the dispute. Furthermore, Ilcar inform you as end consumer that a European platform for online resolution of consumer disputes was established (ODR Platform). The end consumer can browse Online Dispute Resolution Platform, see the list of ADR Organizations and start an on-line procedure for the solution of the disputes in which you are involved. Whatever it is the outcome of the out-of-court settlement procedure of disputes relating to consumption relationships through recourse to the procedures set out in Italian Consumer Code, in any case you have always the right to refer to the ordinary judge in charge of disputes arising from these General Sale Conditions.

14.4 For any disputes related to the application, execution and interpretation of these General Sale Conditions, if you reside in a member state of the European Union other than Italy, you can also access the European procedure established for small claims by the Regulation (CE) no. 861/2007, provided that the value of the dispute does not exceed Euro 2.000,00 (two-thousand) excluding interest, rights and expenses.

14.5 If you are a professional, as defined in Article 2, paragraph 2, of the General Conditions, the Court of Brescia is exclusively competent for any dispute relating to the application, execution and interpretation of these General Sale Conditions. 

 

ARTICLE 15 - VALIDITY OF THE GENERAL CONDITIONS

15.1 The General Sale Conditions are effective from January 1, 2022. Ilcar may modify them at any time. Any changes and / or new conditions will be effective from the time of their publication on the Site. For this reason, the user is invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Sale Conditions. The General Sale Conditions applicable to the user are those in force on the date the purchase order is sent.

15.2 If you are professional, as defined in article 2, paragraph 2, of the General Sale Conditions, the special rules for the consumers referred to in the previous articles of the General Conditions will not apply.