GENERAL CONDITIONS OF WARRANTY "ROADS PROTECTION PLUS" - 001 of 18.05.2022
The present GENERAL WARRANTY CONDITIONS, together with the general conditions of contract available on the website https://www.roadsitalia.com/, regulate the methods and terms for the provision and use of the services described and related to the "ROADS PROTECTION PLUS" Warranty and provided by the company Roadsitalia Sagl, with registered office in 6900 - Lugano (TI) - CH (CHE-154.585.269) and Italian fiscal representation in 10045 - Piossasco (TO) - Italy P. IVA 12267780018.
Acceptance of these GENERAL WARRANTY CONDITIONS is a necessary and indispensable requisite for the provision and use of the SERVICE offered and related to the conventional warranty ROADS PROTECTION PLUS.
By accepting these GENERAL CONDITIONS OF WARRANTY, the CUSTOMER declares that he/she has read, understood and accepted all the contractual clauses contained herein and undertakes, as of now, to read and accept all possible amendments, integrations and/or updates to these GENERAL CONDITIONS OF WARRANTY, which will be adopted in the future by Roadsitalia Sagl. and published on the website: https://www.roadsitalia.com/. with progressive revision number.
The invalidity of one or more clauses of these GENERAL CONDITIONS OF WARRANTY shall not entail the invalidity of the remaining clauses nor of these GENERAL CONDITIONS OF WARRANTY as a whole.
The following conditions shall apply to the purchase of the "ROADS PROTECTION PLUS" guarantee.
The purchase of the guarantee implies automatic acceptance by the end customer of all the clauses contained in the aforementioned conditions.
ART. 1 - PREMISES
The foregoing premises constitute an integral and essential part of the present document.
1.1. The general terms and conditions of the Contractual Guarantee govern the supply relationship of the ROADS PROTECTION PLUS service.
1.2. These General Conditions of Guarantee Agreement have been drafted and prepared in compliance with and in accordance with the provisions contained in Legislative Decree 206/2005 (Consumer Code) and Law 40/2007 (Urgent measures for the protection of consumers, the promotion of competition, the development of economic activities and the establishment of new businesses); they are general in nature and may be subject to amendments made necessary by subsequent provisions of law and/or regulations.
ART. 2 - DEFINITIONS
All technical terms and concepts used in these GCW shall be understood as being known to the parties; in addition to the terms defined in other parts of these GCW, the terms and expressions marked with a capital letter below shall have the following meanings:
2.1. ROADSITALIA: Roadsitalia Sagl, with registered office in 6900 - Lugano (TI) - CH (CHE-154.585.269) and Italian fiscal representation in 10045 - Piossasco (TO) - Italy P. IVA 12267780018 i.e. the manufacturer/seller of the goods subject of these GENERAL WARRANTY CONDITIONS;
2.2. SUPPLIER: Roadsitalia Sagl, with registered office in 6900 - Lugano (TI) - CH (CHE-154.585.269) and Italian fiscal representation in 10045 - Piossasco (TO) - Italy P. IVA 12267780018 i.e. the producer/seller of the goods object of these GENERAL GUARANTEE CONDITIONS;
2.3 CUSTOMER: the individual, legal person or entity (public or private) that purchases the goods covered by these GENERAL WARRANTY CONDITIONS. In this regard, it should be noted that the relationship with the CUSTOMER is governed by the regulations set out in Italian Legislative Decree no. 206 of 6 September 2005, known as the "Consumer Code", exclusively in the event that the CUSTOMER is a natural person, who purchases for personal purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.
2.4 THIRD PARTIES: third parties that may provide the SERVICES in partnership with Roadsitalia.
2.5 SERVICE: the conventional guarantee ROADS PROTECTION PLUS.
2.6 CUSTOMISED PRODUCTS: products on which customisation is requested by the customer at the time of order.
2.7 CUSTOM PRODUCTS: products purchased as presented by Roadsitalia.
2.8 GCW: General Conditions of Warranty.
ART. 3 - INTERPRETATION
3.1 An "Annex" shall, unless otherwise specified, be construed as a reference to an annex to these GCW;
3.2 An "Article", "Paragraph" or "Foreword" shall be construed, unless otherwise specified, as a reference to an Article, Paragraph or Foreword of the Supply Agreement or of these GCW;
3.3 Terms denoting the singular include the plural and vice versa. Terms denoting one gender include the other gender unless the context or interpretation indicates otherwise;
3.4 The titles and headings of these GCW are inserted for convenience only and have no influence on the interpretation of the respective provisions of the Contract itself;
ART. 4 - SUBJECT MATTER OF THE CONTRACT
4.1 Roadsitalia Sagl against the purchase of products present on the site, provides an additional service of Conventional Guarantee called "ROADS PROTECTION PLUS" whose conditions are expressly regulated in these general conditions of guarantee in compliance with the law.
4.2 It is not an insurance product and its conditions of applicability extend to the product purchased with the exceptions set out in these general conditions.
4.3 This guarantee shall be understood as a conventional guarantee pursuant to Article 133 of Legislative Decree No. 206 of 6 September 2005 (the so-called Consumer Code). This guarantee shall in no way affect the rights expressly provided for in favour of the consumer by the legislation on the sale of consumer goods. The consumer may therefore always assert such rights against the seller, under the conditions and terms provided for by the aforementioned legislation and by this contractual warranty.
ART. 5 - CONCLUSION OF THE CONTRACT
5.1 The Contract is concluded on the date of the correct and punctual receipt by Roadsitalia of the signing of the "ROADS PROTECTION PLUS" Form.
5.2 The signing of the guarantee shall take place, at the customer's free choice, at the time of purchase of the product and upon payment of a quantum that will be specifically indicated at the time of the purchase option.
5.3 The order may be placed on the website, in conjunction with the purchase of the product to which the conventional guarantee will refer, upon registration and creation of a personal Customer account, following the steps and instructions specified on the website itself.
5.4 To submit the Conventional Guarantee order, the Customer shall:
a) select a Product and click on "Add to Cart" to proceed to the next steps;
a bis) By accessing the "My Cart" area, the Customer may, among other things
- view the details of the Product and price (expressed in Euro)
- check and correct their data
- modify Product quantities or delete Products added to the cart;
- add more Products by clicking on the "Add more Products" button or by returning to the home page and adding more Products to the cart;
- request additional ancillary services (Conventional Guarantee "ROADS PROTECTION PLUS"), the terms and conditions of which are made available on the relevant shopping cart page;
- view the delivery times and costs, if any, envisaged for each of the available delivery methods and select the chosen delivery method (for more information on delivery times see the relevant page)
- view the available payment methods and their details and select the chosen payment method;
- accept the General Terms and Conditions of Sale and send the Order by clicking the "Send Order" or "Proceed with Payment" button, depending on the payment method selected.
- Accept the present General Terms and Conditions of Guarantee for the product ROADS PROTECTION PLUS.
5.5 Before sending the Order, the Customer may view the exact cost of the "ROADS PROTECTION PLUS" accessory service at any time.
5.6 The Guarantee contract is concluded when the Customer sends the Order to Roadsitalia Sagl unless Roadsitalia Sagl communicates the impossibility of processing the Order itself, in which case the Customer shall be re-charged the amount spent including the amount for the conventional guarantee.
5.7. The customer may cancel the conventional guarantee order in the 24 hours following its placement.
ART. 6 - TERMS OF THE WARRANTY
6.1 With this guarantee Roadsitalia Sagl undertakes to repair (once during the validity of the guarantee) or, if it deems it necessary, replace (once during the validity of the guarantee) its products that show defects attributable to manufacturing and/or conformity defects of the goods or accidental damage deriving from normal use of the goods. The date of delivery must be proven by a delivery document issued by the seller or by another document (e.g. order confirmation or invoice) stating the name of the seller, the date of delivery of the product, and the identification details of the product (type, model).
Any repair or replacement of the product shall not extend the duration of this guarantee. In any case, in order to enforce the guarantee, the party concerned must report the conformity defect in writing to the seller within a term of one month from the date of discovery, under penalty of forfeiture.
In the event that, upon delivery, the parcel shows obvious signs of tampering or damage that may have compromised the integrity of the contents, the customer must indicate his observations on the receipt presented by the courier as indicated in the GCWs present on the site. It is important, upon receipt of the goods, before collection by the courier, to check that the package is intact and if there are any doubts about this, to collect and sign with reserve in order to protect yourself from any damage to the goods. Thereafter, if any damage to the goods is found, you may contact the courier and the Seller within 8 working days of receipt of the goods.
In the event that the goods are not signed subject to a reservation, transport damage is not the responsibility of the sender or courier, but of the recipient.
Repairs under warranty shall be carried out by Roadsitalia Sagl. Refunds shall not be recognised for repairs carried out by other parties.
ART. 7 - TERRITORIAL VALIDITY
7.1 The territorial validity of the conventional guarantee includes the following territories: Italy, San Marino, Vatican City, EU countries and Switzerland.
ART. 8 - TEMPORAL EXTENSION
8.1 The warranty is valid for 12 or 24 or 36 months, depending on what the Customer chooses when purchasing the same.
8.2 The effective date shall be that of its purchase.
8.3 Once the period of 12/24/36 months of the duration of the present Conventional Guarantee of the Producer has elapsed, any repair and/or replacement intervention shall be charged to the Consumer according to the rates in force with the Producer.
ART. 9 - WARRANTY LIMITS
9.1 The present warranty shall not be valid
- if the defect is not attributable to production and/or conformity defects of the goods;
- if the defect is not reported within the term of 1 month from the date on which it was discovered;
- if the order confirmation/invoice or other document showing the date of purchase and the name of the seller is not presented; or
and the name of the seller;
- if the non-conformity results from one of the following causes: due to transport damage; due to improper use
negligence; for imperfect installation; for maintenance or repair carried out by personnel not authorised by the manufacturer; for the use of non-original spare parts;
- for all periodic maintenance and repair or replacement of parts subject to normal wear and tear
normal wear and tear (e.g. catalysts, rock wool, adhesives) and/or defects in the systems or equipment to which the product is connected;
- for damage to the product caused by third parties;
- for use of the product after the defect has been detected;
- for use of the product after the request for repair and/or replacement;
- for use of the vehicle on which the product is installed as a driving school, piloting or any other form of teaching;
- for use of the vehicle on which the product is installed for competitions and related training;
- for damage suffered by the product as a result of inexperience and/or negligence;
- for damage suffered as a result of non-compliance with traffic regulations;
- for damage caused by tampering with the product;
- for damage caused by components not covered by this warranty;
- for damage resulting from theft, collision, impact, fire, bursting or the action of atmospheric agents or vandalism;
ART. 10 - Procedures for Activation of the Guarantee
10.1 To enforce the Contractual warranty, the Customer may send a communication to Roadsitalia through one of the following channels
- email to the address firstname.lastname@example.org
- registered letter with return receipt: Roadsitalia Sagl - Via S.Balestra 10 - 6900 - Lugano - Switzerland
At the time of the request for activation of the conventional guarantee, the final client shall, upon simple request of Roadsitalia Sagl, provide, in addition to proof of purchase of the good to which the guarantee refers, photographic and video documentation, providing together with the same certain date and time of the video/photographic documentation, proving the damage and a detailed description of the conditions in which the damage occurred.
Within 5 (five) working days from receipt of the communication of activation of the warranty, the Customer will receive an e-mail indicating the progressive practice number and the address where to ship the Products.
Within 10 (ten) days of receipt of the e-mail of communication of the address and the practice number, the Customer will be required to send to the address indicated in the same e-mail, at its own care and expense, the Product carefully packaged, showing inside the packaging the progressive number relating to the practice received from Roadsitalia.
10.2 It will be at the discretion of Roadsitalia itself to have the product appraised in order to assess that the damage does not fall under the conditions of exclusions referred to in the previous article and that the customer's description is truthful;
10.3 With reference to the Products, Roadsitalia does not guarantee requirements of quality, description, type, quantity, functionality, compatibility, interoperability, suitability for use, supply with accessories, instructions (including on installation and customer service), updates not specifically indicated in the General Conditions of Sale and/or in the Order and/or on the Site and/or in the documentation relating to the Products supplied.
10.4 With reference to the Products, the Customer warrants that the same (i) are suitable for the purposes for which he intends to purchase them; (ii) are of the quantity and have the quality and performance characteristics, also with regard to durability, functionality, compatibility, accessibility, continuity and safety, that are normally found in products of the same type iii) that it does not expect to receive from Roadsitalia accessories (including but not limited to packaging) and instructions (including but not limited to those relating to installation) in addition to those that may be provided under the contract of sale;
10.5 The product, whether or not it falls under the guarantee conditions, will be returned to the customer at his or her sole expense.
ART. 11 - LIMITATION OF LIABILITY
11.1 To the fullest extent permitted by law, Roadsitalia shall not be liable for any failure to provide Service that has been delayed, prevented or hindered in the performance of its obligation under this warranty due to any circumstances beyond its reasonable control. 11.2 If Seller's performance of the warranty is rendered impossible, unreasonably onerous or delayed due to a Force Majeure Event as defined in Article 11.4 below, Seller may, at its option: (i) suspend service until the Force Majeure Event has ceased; (ii) offer lesser performance; or (iii) withdraw from the contract by promptly notifying Buyer in writing. 11.3 Following the withdrawal, the Seller shall complete the performance of the service for the part that is not affected by the Force Majeure Event, it being understood that the Purchaser shall not make any further claim against the Seller, deriving directly or indirectly from the anticipated termination of the contractual relationship. Should the impediment due to the Force Majeure Event persist for a period longer than 90 (ninety) days, each party shall have the right to withdraw from the relative contract, without any right to compensation for damages arising towards the other party. In case of Force Majeure Events, the Seller shall not be liable in any case for any damages deriving for the Buyer from the delay in the execution of the performances foreseen in the contract.
11.4 - By "Event of Force Majeure" it is meant any event beyond the Seller's control that affects the Seller's ability to fulfil the performance - including, by way of example, strikes, non-delivery or delayed delivery of raw materials by the Seller's suppliers, partial or total breakdown of machinery and equipment to be used in the manufacture of the Products, fires, floods, riots, decisions of the authorities, regulatory changes, epidemics, pandemics or other health emergencies.
ART. 12 - EXPRESS TERMINATION CLAUSE - TERMINATION FOR NON-PERFORMANCE - TERMINATION CONDITIONS
12.1 Without prejudice to the provisions of other clauses of the Contract, the Contract shall be considered terminated with immediate effect, pursuant to and for the purposes of Article 1456 of the Civil Code, if the Customer
a) violates the obligations provided for in the preceding Articles as well as the provisions in the order;
b) violates the Policy of Roadsitalia indicated in these Conditions;
e) fails to pay the agreed consideration;
12.2 In the event of failure to comply with the obligations provided for in the Contract, Roadsitalia reserves the right to send the Customer, at any time, pursuant to and for the purposes of Article 1454 of the Civil Code, a warning to comply within 15 (fifteen) days from receipt of the relative registered letter A.R.
ART. 13 - TERMINATION OF THE GUARANTEE AND REASONS FOR ITS LAPSE
13.1 The guarantee contract shall lapse in the following cases
- by death of the holder of the guarantee contract
- by destruction of the product due to any cause whatsoever
- in the event of a false declaration concerning the reasons for activating the contractual guarantee
- the warranty holder does not correspond with the purchaser of the product.
ART. 14 - GENERAL PROVISIONS
14.1 These conditions shall remain in force even after the date of first execution, in accordance with the terms provided herein, without the need for the Parties to renew the assumption of any of their obligations. However, at the request of one or both Parties, the agreements contained herein shall be, in whole or in part and at any time, reproduced in separate and distinct documents, without prejudice to the content, terms and unity of the agreements and that the Party making such a request shall bear all related costs, expenses and tax charges.
14.2 No Party shall be deemed to have waived its rights arising from the GCW or from the other Party's breach or breach, unless such Party has formalised such waiver in writing.
14.3 No waiver of any breach or breach of an agreement shall be construed as a waiver of any further breach or breach of the same, whether or not similar, nor shall it be construed as a waiver of the agreement itself.
ART. 15 - PROCESSING OF PERSONAL DATA
15.1 The processing of personal data communicated by the Customer to Roads Italia for the purposes of the execution of the Contract and the subsequent provision of the Service, will take place in accordance with Legislative Decree No. 196/2003 and European Regulation 679/2016, with the information on the website https://www.roadsitalia.com/ and by virtue of the consent to the processing of data expressed therein by the Customer or by means of a form attached to the contract itself.
15.2 Roadsitalia, for the sole phases of data collection, processing and management, necessary for the provision of the Services, acts as autonomous Data Controller in accordance with the role definitions described in Legislative Decree 196/2003 and EU Regulation 2016/679.
15.3 The Customer, with reference to the data of third parties entered and/or processed by him/her when ordering and/or using the Services, declares that he/she has previously provided them with adequate information pursuant to Article 13 of European Regulation No. 679/2016 and that he/she has acquired from them consent to the processing. It is understood, however, that the Customer stands, with respect to such data, as autonomous owner of the treatment, assuming all the obligations and responsibilities related to it, relieving Roadsitalia from any dispute, claim or other that may come from third parties in reference to such hypothesis of treatment.
ART. 16 - APPOINTMENT AS DATA PROCESSOR
16.1 As a result of the completion of the order in accordance with the provisions of the EU Regulation 2016/679 and the legislation in force on the subject, the Customer, as the Owner of the personal data processed by the latter through the Service chosen from among those subject to these Conditions, appoints Roadsitalia Sagl, Data Processor, with a detailed description of the duties and obligations to which it will be bound by virtue of this role.
ART. 17 - APPLICABLE LAW AND JURISDICTION
17.1 The Contract is governed exclusively by Italian law, any application of the United Nations convention on the international sale of goods being excluded.
17.2 The Italian judicial authorities shall have exclusive jurisdiction to resolve and decide any and all disputes relating to the interpretation and/or execution and/or application of the Contract, except in the event that the Customer has acted and concluded the Contract as a Consumer for purposes unrelated to the entrepreneurial or professional activity carried out; in this case, the jurisdiction shall be that of the judicial authorities of the State where the Consumer was domiciled at the time of the conclusion of the Contract, except in the event that the Consumer prefers to apply to the Italian judicial authorities.
17.3 When, according to paragraph 2 above, the jurisdiction to resolve and decide any and all disputes relating to the interpretation and/or execution and/or application of the Contract is identified
a) the Italian Judicial Authority shall have exclusive jurisdiction over the Court where the defendant is domiciled or has its registered office, except in the case where the Customer has acted and concluded the Contract as a Consumer for purposes unrelated to the entrepreneurial or professional activity carried out; in this case, the competent Court shall have exclusive jurisdiction over the Court where the Customer had his domicile at the time of conclusion of the Contract, if located in the territory of the Italian state, failing which the competent Court shall have exclusive jurisdiction over the Court where the Supplier has its registered office;
b) the Judicial Authority of a State other than Italy shall have exclusive jurisdiction over the Judicial Authority of the Court where the Customer has his domicile, if still located on the territory of the State where he had his domicile at the time of conclusion of the Contract, failing which, or if the Customer has preferred to apply to the Italian Judicial Authority, the Judicial Authority of the Court where the Supplier has its registered office shall have exclusive jurisdiction.