GENERAL E-COMMERCE TERMS OF SALE
DIMSPORT SRL, with its Head Office located in Località San Iorio 8/B, Zona Industriale Serralunga di Crea (AL) - ITALY, VAT n. 01889630065, hereinafter called “Dimsport” is the owner of website: www.dimsport.it and of all of its domains (hereinafter “the Website”), which are committed to the retail and distance sale (hereinafter “on-line sale”) of RAPID modules made by Dimsport (hereinafter “the product”), towards both companies and consumers (hereinafter such categories are also called “the Client/Clients”).
The provisions of the present general terms of sale, should the conditions apply (i.e., if referred to consumers): (i) are drawn up in compliance to Legislative Decree n. 206/2005; (ii) are effective solely towards consumers.
On-line sales are governed both by these general terms of sale and by the indications provided in the Website sections which are useful to ensure the Client to place the order.
The conditions applicable to each order shall be those displayed on the Website when the order shall be placed. Any changes to the general terms of sale shall be effective only when released on the Website and shall only be referred to orders placed after such release.
Clients can download these general terms of sale, released on 05.07.2022, from the following link https://www.tunerapid.it/en/conditions-of-sale/pdf/ or anyway find them in the following section of the Website: https://www.tunerapid.it/en/conditions-of-sale/
For these general terms of sale purposes: (i) "Consumer" is the person who purchases Dimsport products and services to use them for personal purposes (B2C), not related to his/her working activity; (ii) "Professional" (B2B) the person who purchases Dimsport products and services for professional purposes connected with his/her working activity.
In case of discrepancy between the Italian version of these general terms of sale and the translated one or anyway in case of interpretation doubts, the Italian version shall prevail.
1. SUBJECT OF THE AGREEMENT AND CLIENT'S ORDER
Subject of these general terms of sale is the sale of products, as made available on the on-line store of the Website.
The sale is deemed to be concluded only by the payment of the order submitted through the electronic procedure configured by Dimsport.
The Client undertakes to read these general terms of sale before confirming his/her order and also undertakes to accept them, by the dedicated button.
In the e-mail confirmation order, a copy of these general terms of sale will be attached.
2. PRODUCT FEATURES
The Client puts faith on the technical files of the products exhibited on the Website, while the images published therein are purely illustrative, without any guarantee by Dimsport about the exact correspondence of the image represented on the Website with the products.
3. CONTRACT CLOSING
3.1 Purchase procedure
The Client has to log in, follow the guided procedure and enter the required information in the Website designated areas.
It is expressly forbidden to conduct multiple registrations of the same person on Website, or otherwise to enter third parties' data.
The entered data must be truthful and correct.
It is expressly forbidden for minors to purchase on the Website, even though a third party.
Dimsport reserves the right to file a lawsuit for any violation or abuse, without prejudice to the right to not process the Client's order or to terminate the contract and also without prejudice to further damage compensation.
The Client can purchase only the products which are shown on the Website and only the quantity pointed therein. Dimsport reserves the right to change product prices and availability at any time and without notice.
The Client acknowledges that, due to possible simultaneous access to the Website by multiple users and the elapsing time between the web page loading and the products addition in the shopping cart, the availability of each product may vary.
The Website checks the availability of the purchased products and before the order conclusion shall warn the Client in case of unavailability of one or more products.
The Client shall select the products, one at a time, by inserting them in the shopping cart configured by Dimsport.
At the end of Website guided procedure, the thus selected products shall be the subject of the electronic order forwarded to Dimsport. Before forwarding the order, the Client shall check the order recap that shall indicate: the products placed in the shopping cart, the price, shipping costs and charges, the terms of delivery, transport and payment and any other Client' special request.
By placing the order, the Client undertakes to pay the price and any additional costs and charges as indicated in the summary.
The purchase process is considered to be concluded only by placing the order and the payment.
The quantity of each product (as indicated in the order) is to be intended as the maximum quantity, therefore, in case of unavailability of products, Dimsport is allowed to deliver an amount which is lower than the ordered one. In this case, Dimsport will only charge the products delivered costs and will be released from any further obligation with regard to the missing quantities.
Dimsport shall have no responsibilities for temporary or permanent unavailability of one or more products which are included in the order. In the event of such products unavailability, even temporary, Dimsport undertakes to not charge the Client with the corresponding price.
Dimsport shall be bound by the Client's order only if submitted in compliance with the correct procedure pointed out by the Website, without any indication of error message until its completion.
Should the order processing and forwarding procedure be interrupted, Dimsport shall promptly notify the Client of such interruption and shall promptly try to remedy it. Dimsport shall also notify the Client whether the order should be considered voided or not.
Once the order forwarding procedure is completed, the Client cannot modify or cancel the order, without prejudice to the Consumer's right of withdrawal as stipulated in article 7 (seven) below.
3.2 Order Receipt
Dimsport shall send the Client an order confirmation-mail, containing: a summary of requested products, price indication, shipping fees and applicable taxes, a link which refers to these general terms of sale and the selected payment method.
The online sales contract is considered concluded only when the payment is duly performed by the Client.
4. PAYMENT METHODS
The Client can pay in the following manners:
- PayPal or credit card: by choosing PayPal payment method the Client can pay directly through his/her PayPal account. Dimsport reserves the right to ship the goods only to the address associated with the verified PayPal account.
As alternative, when buying the product, the Client can enter the credit card details in a secure electronic banking system, provided by PayPal. Purchases can be made via MasterCard, Visa, Visa Electron, American Express, Carta Aura. For further information please visit www.paypal.com.
- Bank wire transfer: by choosing this payment method, the data required to make the payment shall be specified when the order procedure is going to be finalized. The bank transfer description shall include the order number indicated in the order confirmation email provided. If the payment is not executed within 10 (ten days) from the order confirmation email provided, Dimsport can terminate the contract and cancel the order without prejudice to any further damage compensation because of the Client non-fulfilment.
- Credit card safety: all transactions are processed through a secure server. Dimsport employees are not authorized to request credit card numbers and / or any detail of the same. To ensure that any on-line purchase is carried out safely, Dimsport recommends Clients to join the "Verified by Visa" or "MasterCard Secure code" services, requesting a PIN security code to use to make secure purchases. For more information visit the website: www.cartasi.it or www.mastercard.com/it.
- The Client agrees to receive an electronic invoice.
All prices shown on the Website are expressed in Euros and include VAT.
The price of the products purchased by the Client is displayed during the order summary, whereby any increase or decrease in price is excluded even in case of promotions terminated before or released after the conclusion of the order.
Any additional charge related to shipping costs, insurance, taxes, fees, etc., (even accordingly to the country of delivery), is automatically specified in the order summary.
6. SHIPPING AND DELIVERY TERMS
Dimsport makes every reasonable effort to send the ordered products as soon as possible.
If the products are to be delivered within Italy and Europe, the delivery will be made within 15 (fifteen) days from confirmed payment, except for unforeseen circumstances. The Client will be promptly notified of such unforeseen circumstances.
In case of purchase of Dimsport service by a Consumer-Client (according to the Legislative Decree 206/2005), such service will be provided within 7 (seven) working days from the confirmed payment, except for unforeseen circumstances, provided that the Consumer expressly agrees to receive the service within the 14 (fourteen) days withdrawal "recognized by law" period; otherwise, the service will be provided after 15 (fifteen) days from the confirmed payment.
If the service is purchased by a Professional-Client, such service will be provided within 7 (seven) working days from confirmed payment, except for unforeseen circumstances.
Shipment of the order will be notified by e-mail.
The courier will be chosen by Dimsport.
Dimsport shall not respond for any inefficiencies and delays in delivery by courier or owing to client.
Upon receipt, the Client shall verify the packages integrity and check if the products are different from what he/she actually ordered (quantity and quality of products must correspond with the elements written in the transport document).
If the Client identifies any discrepancies, he/she shall immediately challenge the courier for such discrepancy.
Anyway, such discrepancies shall be reported to Dimsport within 24 (twenty-four) hours and where possible, accompanied by photos and proper documentation attesting such discrepancies.
Risks of breakage and/or deterioration of products pass to Client at time of delivery at the address indicated in the order.
7. RIGHT OF WITHDRAWAL (THIS PROVISION WILL APPLY ONLY TO CLIENT/ CONSUMER AS PER LEGISLATIVE DECREE N. 206/2005)
According to applicable law, the Consumer has the right to withdraw from the on-line sale, without any penalties and without specifying the reason, within 14 (fourteen) days of receipt of the products or, with regards to provision of services, after conclusion of the contract.
The Consumer who intends to exercise the right of withdrawal, shall expressly communicate it by sending an email to Dimsport (firstname.lastname@example.org), or by registered mail addressed at Dimsport Head Office or by certified e-mail.
The Consumer shall exercise the right of withdrawal sending any explicit statement or otherwise sending the withdrawal form below:
WITHDRAWAL FORM (Complete and return this form in case of exercise of the right of withdrawal)
- Recipient DIMSPORT S.R.L., Località San Iorio n. 8/B, Zona Industriale Serralunga di Crea - 15020 - Serralunga di Crea (AL) - Italia, telephone 0142.9552, e-mail email@example.com
- I/we hereby (*) advise that I/we intend to terminate my/our (*) contract of sale of the following goods (*) for the provision of the following service
- Ordered (*) / received (*)
- Consumer/Consumers' Name
- Consumer/Consumers' Address
- Signature (only if the form is sent on paper)
In case of exercise of right of withdrawal, the Consumer is required to return the products to Dimsport (at its Head Office as mentioned above) no later than 14 (fourteen) days after sending his/her withdrawal request.
The products must be returned intact, complete with all its parts, in their original packaging and along with the original documentation (fiscal documents included).
Without prejudice to the possibility of Dimsport to verify that the requirement of paragraphs above are met, upon the positive outcome of such procedure Dimsport shall refund the amount of returned products within 14 (fourteen) days.
The Consumer shall bear the shipping costs of returned products.
As provided for in article 56.3 of Legislative Decree n. 206/2005, Dimsport may suspend the refund until the arrival of the products or until the Consumer proves - with appropriate documentation - that he/she has returned the products.
Dimsport shall refund the amount via the same means of payment originally used by the Consumer for his/her purchase. If the payment has been made by wire transfer, the Consumer must provide relevant bank details (IBAN, SWIFT, BIC) in order to carry out the refund.
The Consumer will be held responsible for the decrease in value of returned products, resulting from a handling of products other than the one required to establish the nature, characteristics and functioning of the products. In this case Dimsport shall be entitled to set off the amount to be refunded against the amount corresponding to decrease in value of returned products.
The Consumer must therefore maximize the perseverance in the storage and preservation of products to be returned that should be kept intact as well as the original packaging.
The Consumer will lose the right to be refunded if any of the following occurs:
- lack of original product packaging;
- lack of accessories and/or product components;
- product malfunctions;
- damaged product.
The right to withdraw is excluded:
- for customized products;
- in case of service purchasing, after the performance of the service, if the Consumer has expressly consented (according to article 6 above) to provision of the service accepting to waive the right of withdrawal;
- in case of purchase of sealed computer software;
- in case of purchase of digital content on non-material media, if the service provision has begun with Consumer's consent to waive the right of withdrawal (according to article 6 above).
8. LEGAL WARRANTY OF CONFORMITY
Up to 2 (two) years after delivery of the products, Dimsport shall remedy to any lack of conformity already existing on the date of delivery.
The lack of conformity subsists if the product is not fit for the use which is routinely needed.
The Client-Consumer forfeits the right to warranty if he/she does not report to Dimsport the non-conformity within 2 (two) months from the date of discovery.
The Professional-Client forfeits the right to warranty if he/she does not report to Dimsport the non-conformity within 8 (eight) days from the date of discovery.
The warranty shall not operate: if the Client makes unauthorized modifications to the products and/or performs or has repairs conducted by unauthorized third parties and/or the lack of conformity (or any failure or malfunction) is caused by accidental events or by the Client itself or is resulting by improper usage.
Should the non-conformity of the products be verified, the Client has the right to the repair or substitution of the product purchased, unless the option requested is over-burdensome or impossible. An "over-burdensome" remedy is intended to impose on Dimsport unreasonable expenses compared to alternative remedies, taking into account: the value that the product would have without the lack of conformity, the extent of such lack of conformity, the possibility that the remedy can be carried out without significant inconvenience to the Client.
If repair or replacement are impossible or over-burdensome, the Client may demand reduction or termination of the contract at his/her sole discretion.
If the Client believes that there is a lack of conformity, he/she is required to return the products to Dimsport (at its Head Office as mentioned above) no later than 7 (seven) days after reporting such lack of conformity.
The products must be returned intact, complete with all its parts, in their original packaging and along with the original documentation (fiscal documents included).
The transfer of risk for product deterioration, destruction or loss shall pass to Dimsport upon receipt of the product at its Head Office (as mentioned above).
In case of shipping damage, the Client will be informed within 7 (seven) working days of receipt of the products at Dimsport Head Office, to allow the Client to promptly file a complaint against the chosen courier.
If the Client is not a consumer (in accordance with Legislative Decree no. 206/2005), he/she expressly waives his/her right of recourse provided under article 131 of the aforementioned Legislative Decree. n. 206/2005.
9. LIMITATION OF LIABILITY
Dimsport shall not be liable if it fails to fulfil the order within the established deadline for disservices (even internet disruptions) due to unforeseeable circumstances or force majeure.
Without prejudice to the case of fraud or gross negligence by Dimsport, as of now is agreed that Dimsport liability cannot exceed the price of the products purchased by the Client and for which the dispute may arise.
For any delay in delivery ascribable to Dimsport, Dimsport liability cannot exceed the amount of shipping costs incurred by the Client.
The Client declares (and is aware), under his own responsibility, that the product is realized to be used only for competitive purposes in racetrack which is not open to the public. It is understood that the infringement of the aforementioned limitation may entail a sanctions infliction.
Without prejudice towards what is set forth in previous paragraph, if vehicle performances or characteristics, as indicated in vehicle registration certificate, were to vary, it is necessary to revise such vehicle registration certificate. Therefore, the Client shall bring, under his own responsibility, such operations.
The product allows the User to have access to some engine parameters (for example: turbo/manifold pression, rail, speed limiter, etc.). The modification of such parameters might make the vehicle non in compliance with some power and/or speed and/or emission standards of the Client's Country and might also determine a higher wear and tear of mechanical and electrical components of the vehicle, to the point that manufacturer's (or seller's) warranty might be considered void.
Dimsport does not grant any warranty and shall never be considered liable for any disruption that may derive from using the product, in particular with respect to any extra wear and/or deterioration of the engine or of any other mechanical and/or electrical part of vehicle.
The reading and understanding of the Instructions of the product must forerun the use of it (in all its parts).
UNDER NO CIRCUMSTANCES SHOULD THE PRODUCT BE USED TO BREAK THE LAW OF THE COUNTRY OF USE OF THE VEHICLE. FAILURE TO COMPLY WITH SUCH PROVISION WOULD DETERMINE THE IMMEDIATE TERMINATION OF THIS AGREEMENT.
Without prejudice to mandatory law provisions, Dimsport shall be relieved from any and all contractual and / or extra-contractual liability for personal injury; for direct and / or indirect damage (both with reference to emerging damage and loss of profit); for any claim and / or cost of any kind; which has been suffered by the Client or by any third parties and which may derive from the use or misuse and / or may depend and / or in any case may be attributable to the product, except in the case that those events may be attributable to Dimsport for wilful misconduct or gross negligence. The foregoing limitations and exclusions shall be applied to the maximum extent permitted by legislation in force in the Client's jurisdiction.
11. GOVERNING LAW AND COURT OF JURISDICTION
These general terms of sale (and the on-line sales) are subject to the law of Italy.
Any claim arising out of or relating to these general terms of sale (and arising out of or relating to the on-line sales) or the breach thereof shall be subjected to Italian jurisdiction excluding all other jurisdiction and tried by the exclusive competence of the Court of Vercelli or of the Justice of the peace of Casale Monferrato.
If the Client is a Consumer (in accordance with Legislative Decree no. 206/2005) and he's resident or domiciled in Italy, any claim arising out of or relating to these general terms of sale (and arising out of or relating to the on-line sales) or the breach thereof shall be subjected to the Judge of his/her place of residence or domicile.
The Client may send his/her complaints (delivery errors, delays, lack of conformity, etc.), to this email address: firstname.lastname@example.org
Dimsport ensures that the personal data processing of the Client shall be carried out in accordance with the provisions of the current legislation on privacy, including the Regulation of the European Parliament and of the Council n. 679/2019 (GDPR), as better specified in the Privacy Notice published at following link https://www.dimsport.it/it/privacy-policy/
The Client pursuant to article 1341 of Italian Civil Code, expressly approves the following clauses:
- Limitation of liability (ARTICLE. 9);
- Disclaimer (ARTICLE. 10);
- Governing law and court of jurisdiction (ARTICLE. 11).
These general terms of sale were last modified June 17th, 2022