Any trademark shown belongs to the legitimate owners
Terms and Conditions
The Buyer hereby expressly purchases for purposes which are outside his trade or his profession.
Identification of Supplier
The goods subject to these terms and conditions are sold by PG Service di Giusino Francesco,
1.1. The term "contract of
1.2. The term "Purchaser" refers to
1.3. The term "Supplier" refers to a person who
Subject of contract
2.1. Through this contract, the Supplier sells to the Purchaser via telematic means motorbike spare parts shown for sale on the website: www.pgservice.cc.
2.2. The products sold are shown
3.1. The contract between the Supplier and the Buyer concludes exclusively by Internet. The Purchaser should visit the official website www.pgservice.cc and follow the procedures outlined in order to formalize the proposal of purchasing goods.
Conclusion and effectiveness of the contract
4.1. The purchase contract is considered concluded by a correct filling of the
4.2. At the moment in which the Supplier receives the order by the Buyer, he shall send an email of confirmation and summary order that is printable and where all data of the previous point are also reported.
4.3. The contract is not considered as perfect and effective between the parties at fault as indicated in the previous paragraph.
Payment methods and refund
5.1. Every payment on behalf of the Buyer will only be made by one of the methods indicated in the proper web page by the Supplier.
5.2. Any possible refund will be promptly credited to the Purchaser by one of the methods proposed by the Supplier and based on the choice of the Buyer. In case of the right of withdrawal, as ordered by art. 13, paragraph 2 et seq. of this contract, no later than 30 days from the date during which the Supplier has become aware of the withdrawal.
5.3. All communications relating to payments are made on a dedicated Supplier line and protected by a coding system. The Supplier guarantees the storage of this information with an additional level of security coding system and in accordance
Time and delivery
6.1. The Supplier will deliver the selected product, in the condition chosen by the Purchaser or indicated on the website at the time of the offer of the asset, as confirmed in the email of confirmation
6.2. The delivery time may vary from the day you have placed the order to a maximum of 5 working days from the confirmation of the same. In case the Supplier is unable to ship within this period the Buyer will be promptly informed by an e-mail.
6.3. Conditions, time and shipping costs are clearly stated and well-marked at http://www.pgservice.cc/it/pages/index/pagamenti 13/.
7.1. All prices shown on the website www.pgservice.cc are expressed in euro and constitute a public offer according to art. 1336 of Civil Code.
7.2. For UE countries prices include taxes (VAT). For Extra UE countries taxes are not included. Shipping costs,
7.3. The prices indicated for each item shall be valid until the date indicated in the
8.1. Should an order exceed an existing quantity in stock, the Supplier will inform the Purchaser by e-mail if the good……..no longer be ordered or how long will be the waiting time to get the chosen goods, asking if he intends to confirm the order or not.
8.2. The computer system will confirm the order, as soon as it is possible, by e-mail, according to Section 4.2.
Limitation of liability
9.1. The Supplier shall not assume any liability for disruptions caused by external forces, in case he cannot process the order on the date indicated in the contract.
9.2. The Supplier shall not be liable to the Buyer, except in cases of willful misconduct or great negligence and for Internet malfunctions, beyond his own or his sub-supplying control.
9.3. Moreover, the Supplier will not be liable for any damages, losses
9.4. The Supplier assumes no responsibility for any possible fraudulent or illegal use, may be made by third parties, of credit cards, bank checks and other payment methods for the payment of the purchased products, in case he proves that he has taken all possible precautions based on the best knowledge and experience of the moment and on the basis of ordinary diligence.
9.5. The Buyer shall never be considered liable for delays or mistakes in payment if he proves he has made the payment in the time and condition specified by the Supplier.
Liability for defects, damage proof and refundable damages: the obligations of the Supplier
10.1. In accordance
10.2. The above request by the Damaged, must be in writing and indicate the product which caused the damage, the place
10.3. The Supplier shall not be considered responsible for the consequences originated from a faulty product if the defect is due to the conformity of the product, an imperative legal rule or a binding measure, in other
10.4. No refund will be due if the Injured party was aware of the defect of the product and the following danger and nevertheless he voluntarily exposed himself to.
10.5. In any case, the Damaged party will have to prove the defect, the damage and the causal relationship between defect and damage.
10.6. The Damaged party will be entitled to claim a compensation for the damages caused by death, or personal injury or destruction or determination of something from the faulty product provided that it is of the kind that normally intended to the use or private consume and mainly used by the Damaged party.
10.7. In pursuance of art. 123 of the Code of
Warranties and Customer care
11.1. The Supplier is liable for any possible deficiency of conformity which
d) are also suitable
11.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within two months since when the defect was discovered. The complaint is not required if the Seller has recognized the existence of the defect or has concealed it.
11.4. In any case, unless it is contrary proved, it is assumed that the deficiency of conformity which
11.5. In case a product does not satisfy the standards, Buyer will be allowed to ask, without any charge at the following indicated conditions of conformity deficiency, the repairing or replacement of the purchased item, a reduction of the purchase price or the dissolution of this contract, unless the request results objectively not impossible to satisfy, or excessively to satisfy for the Supplier in accordance
11.6. The request will have to be sent in writing or by a registered letter sent to the Supplier, who will indicate his availability to satisfy the
In the same letter, where the Supplier has accepted the request, he will have to indicate the conditions of delivery or return of the good, as well as the deadline for the return or replacement of the faulty good.
11.7. Should repair or replacement be impossible or excessively expensive, or the Supplier has failed to provide the repair or replacement of the goods within the period previously indicated,
11.8. In the same communication where the Supplier has accepted the Purchaser request, he will have to indicate the reduction of the proposed price or the return of the faulty good. In such
12.1. The Buyer agrees to pay the price of the purchased goods within times and conditions specified by the contract.
12.2. Once the online purchase process is concluded, the Buyer will have to keep and print this contract.
12.3. The dates contained in this contract have already been examined and accepted by the Purchaser before purchase confirmation.
Right of withdrawal
13.1. The Purchaser has, in any case, the right to withdraw from the contract without any penalty and without specifying the reason within the term of 14 (fourteen) working days from the day of receipt of the purchased good.
13.2. In case the Supplier has failed to give information about the existence, time and conditions concerning the return or collection of the goods in case of the exercise of the right of withdrawal in pursuance of Art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is ninety (90) days from the date of receipt of the goods by the consumer.
13.3. In case the Buyer decides to exercise the right of withdrawal, he has to inform the Seller by e-mail to the e-mail address: firstname.lastname@example.org That e-mail will be replied with the directives to follow the right by free withdraw by the courier indicated by the company.
13.4. To be entitled to a full refund of the paid price, except for the delivery costs, the goods must return intact, and in any case, normally presented in the original box and with its original packaging. Damaged, scratched products, and used or with signs due to transportation, installation or use of the good itself will not be refunded.
13.5. The Purchaser cannot exercise such right of withdrawal for tailored or clearly personalized products or that, for their nature, they cannot be returned because they are liable to deteriorate or expire rapidly, such
13.6. The Supplier will provide for the refund of the entire amount paid by the Buyer within thirty (30) days of receipt of the notice of withdrawal.
13.7. With the receipt of the notice by which the Purchaser notifies the exercise of the right of withdrawal, the parties of the current contract are released by the mutual obligations, except for the points provided in the previous paragraphs of this Article.
14.1. The obligations described in paragraph 12.1, assumed by the Buyer, as well as the guarantee of payment by conditions indicated in paragraph 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in paragraph 6, are considered essential. Therefore, by expressed agreement, the failure of one of these obligations, if not due to force majeure, will determine the end of the contract in pursuance of Art. 1456, without any judicial decision.
Purchaser protection of the privacy and data processing
15.1. The Supplier protects the privacy of his own customers and guarantee that the processing of data in accordance with
15.2. The Personal and fiscal data directly acquired and / or through third parties by the Supplier PG Service di Giusino Francesco who is the data controller, are collected and processed in paper, telematics, electronic format, according to processing conditions to register the order and, as consequence, start this contract with all necessary communications and fulfillment of any legal obligations as stated in art. 24, paragraph 1, lett. b, Legislative Decree no. 196/2003.
15.3. The Supplier has the obligation to treat data and information sent by the Buyer with confidentiality and not disclose them to unauthorized persons, neither to use them for purposes different from those for which they were collected, or to send them to third parties data as confidential information and should not disclose to unauthorized persons. This information may be disclosed only upon request of the court or other authority authorized by law.
15.4. Personal data will be transmitted, prior signing confidentiality obligation of the same data, only to persons delegated to carry out necessary activities for the execution of the contract and transmitted only for that purpose.
15.5. According to the Article. 7 of Legislative Decree no. 196/2003, the Purchaser benefits of the rights to obtain:
a) the updating, rectification or, when interested, the integration of data;
b) the cancellation, transformation in anonymous form or the block of data processed unlawfully, including those whose preservation is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the certification that the operations described at points a) and b) have been notified, also for their contents, to those to who the data were communicated or distributed to, except for the case in which such fulfillment proves impossible or involves a use of evidently disproportionate means to the protective right. The person concerned has the right to oppose to in whole or in part: i) for legitimate reasons to the processing of personal data, pertinent for collection purposes;ii) the processing of personal data concerning the sending of advertising materials, or direct selling, or for market research or commercial communication.
15.6. The communication of personal data by the Purchaser is a necessary condition for the proper and prompt execution of this contract. Failing this, the request cannot be accepted by the Supplier.
15.7. In any case, the data will be kept for a period of time no longer than necessary for the purposes for which they were collected or subsequently processed. Their removal will take place in a secure manner.
15.8. The Supplier is responsible for the collection and processing of personal data. The Purchaser will address any request to the Supplier.
15.9. Any communications sent to the email (even electronic) of the Center (requests, suggestions, ideas, information, materials, etc..) will not be considered information or data of a confidential nature, it will not violate the rights of others and it will contain valid information, not damaging the rights of others and truth, in any case it cannot be attributed to the Centre any responsibility for the content of the messages themselves.
Contract filing system
16.1. In accordance
Communications and complaints
17.1. The communications in writing to the Supplier and any complaints will be considered valid only if sent to the following e-mail address email@example.com. The Purchaser shall indicate on the registration form his residence or domicile, telephone number, email address to which notices are to be sent by the Supplier.
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Palermo (IT) and resolved in accordance
18.2. If the Parties intend to appeal to an ordinary judicial authority, the competent court is the one of the
Applicable law and indictment
19.1. This contract is governed by Italian law.
19.2. Although it is not expressively provided, all rules of law linked to circumstances provided in this contract are applied, and in particular the art. 5 of the Rome Convention of 1980.
19.3. According to the art. 60 of Legislative Decree no. 206/2005, it is expressly herewith invoked the legislation contained in Part III, Title III, Chapter I of the Legislative Decree no. 206/2005.
This contract abrogates and replaces all prior agreements, understandings, negotiations, in writing or oral, previously intervened between the Parties concerning the subject of this contract.