General Terms and Conditions of Sale - GTC
Terms of sale, delivery and payment
1. Supplier and contracting party
- Your contractual partner for all orders on our website is
- Pimax Ltd. with sole shareholder
- St. Rita's Square, 8
- 10136 Turin
- Web: www.retrosupremo.com
- VAT number: IT02533630014
- Business registration number: REA-TO564685
2. Scope and object of the contract
2.1 The following general terms and conditions ("GTC") apply to account registration and all purchases of goods by the end customer ("You") through the online store www.retrosupremo.com
2.2 These Terms of Business exclusively govern the contractual relationship between You and Us. Your GTC do not become part of the contract, even if their inclusion is not expressly disapproved by Us.
2.3 These general terms and conditions can be viewed at any time at www.retrosupremo.com/condizioni-generali-di-vendita-cgv, from which they can also be printed and downloaded.
3. Registration
3.1 Registration is required to make purchases in the online store. It can take place as part of the ordering process, but also independently of an order. Once you have registered, we will create a personal account that can be used by you independently to manage your customer data, including, for example, your delivery address.
3.2 Registration is restricted to natural persons of full legal age and capacity (not, for example, families or couples), legal persons, and private companies. This requirement also applies to the placing of orders. Where a company is registered as a customer, the person guarantees that he or she is authorized to represent the company.
3.3 When registering your account, you must provide your name, billing and shipping address, telephone number, and e-mail address, and choose a password (hereinafter "Login Information").
3.4 You agree to conclude the account registration agreement by submitting the completed registration form. Before the final submission of the registration form, a summary of all the data you have entered will be shown. You can correct data entry errors by going back to the browser and changing the respective entries.
3.5 Once your registration is complete, we will send you a welcome e-mail. Account registration is completed upon your receipt of that e-mail.
3.6 It is your responsibility to ensure that the information you provide during registration is true and complete. If the information you provide is inaccurate or incomplete, we reserve the right to terminate and delete your account with immediate effect. You agree to inform us, immediately and without the need for a request from us, about any future changes to the information you provided during registration.
3.7 Your account may be terminated in accordance with clause 12. The personal information you provide will then be deleted with immediate effect, unless we are authorized or required to continue storing it under applicable legal provisions. Further details can be found in our privacy policy.
3.8 Under no circumstances may you pass on your personal data and in particular your access password to third parties. If third parties nevertheless obtain access to your account or in the event that you find other indications regarding the misuse of your account, you are obliged to inform us immediately and change the access data you have provided.
3.9 There is no right to register and participate in the online store. You are not authorized to register more than once at www.retrosupremo.com.
4. Stipulation of the purchase and sale agreement
4.1 Entering into a contract regarding the purchase of a product is done as follows:
4.1.1 To begin the ordering process, you must first add the desired item to your shopping cart by clicking on the respective button.
4.1.2 Before the final submission of the order through the shopping cart content, the entire order content is displayed once again. You will then have the opportunity to make further changes to the 'order. Orders placed by you will be archived by us after the conclusion of the contract, but can no longer be viewed once the ordering process has been completed. Therefore, please check carefully the order you wish to place before clicking on the "Buy Now" button.
4.1.3 For payment methods that do not involve immediate payment by you, by clicking on the "Buy" button on the shopping cart screen, you formalize a binding offer to enter into a contract of purchase and sale. The inclusion of products in the online store does not in itself constitute a binding offer to enter into a contract. Confirmation of receipt of the order by us is made by e-mail. The confirmation e-mail does not yet in itself constitute acceptance of your offer. The purchase and sale contract is to be considered finalized exclusively with the successful confirmation of shipment. In the event that you make payment of the order by SEPA transfer of the purchase price to our bank account (payment option "Bank Transfer"), it is not the shipment confirmation that shall constitute the declaration of acceptance by us, but rather an order confirmation issued by us previously, also by e-mail.
4.1.4 In the case of payment methods involving immediate payment by you (such as PayPal), our offer is already present in the product listing at www.retrosupremo.com. The offer to conclude a purchase and sale contract is formalized by you by clicking on the "Buy" button on the shopping cart screen.
4.2 You may print out the data relating to the order you have placed immediately after the order has been submitted. If you would like to review the order documentation again, please contact us by e-mail. We will be happy to send you a copy of the order data.
4.3 You may make changes to an order before the goods therein have left our warehouse or before they have been delivered to a shipping company (i.e., before a tracking number has been assigned and before the shipping confirmation has been sent by e-mail). Your statutory warranty rights and right of withdrawal remain unaffected.
4.4 We also reserve the right to withdraw from the contract if the goods are not available, not due to an intervention attributable to us, from a carefully selected and reliable supplier (reservation of the availability of the product ordered). In such a case, we undertake to inform you immediately of the unavailability of the goods and to refund any payments made without delay.
5. Shipping and delivery
5.1. Shipping costs in Italy:
When purchasing, after you have indicated the delivery address, shipping costs will be calculated and added to your order total. When paying by PayPal, credit card, bank transfer/advance payment or immediate bank transfer, there are no additional transaction costs for you.
All prices shown are exclusive of VAT; to facilitate the customer residing in Italy, the price including national tax is also shown. When completing the order, for customers residing in Italy, the value added tax currently in force in Italy will be applied.
Delivery time:
Available
The item is available (in stock) in our warehouse. Items marked as available will be shipped within 1-2 business days after payment is received.
Available in 10 days
The item is available (in stock) in our warehouse. Items marked as available will be shipped within 10 business days after payment is received.
Orderable
The item can be ordered but delivery time depends on replenishment of goods. You will receive more detailed information upon receipt of your order from our offices.
No delivery during holidays.
6. Risk transfer, transportation risk - The following applies to corporate customers:
The risks of accidental loss and accidental deterioration of the goods will transfer to you at the time of shipment of the goods, when the goods are delivered to the person carrying out the transportation or after the goods have left our warehouse for shipment. Among the above, the event that occurs first will still be decisive.
7. Receipt of goods/damage during transportation
7.1 We use, among other things, parcel delivery services to ship your order. Should the goods arrive damaged, we kindly request the following: if possible, please report the damaged goods directly to the parcel delivery service employee and document the degree and extent of the damage. The warranty rights to which you are entitled are not, in this sense, limited and remain unchanged.
7.2 You have the right to reject damaged goods. In the event of a damaged item being delivered, please contact us by phone, e-mail or in person at the contact information above. In this way, you can help enforce our complaints against the parcel delivery service and, at the same time, improve the service we provide.
8. Prices and payment methods
8.1 Different payment methods are offered by us for payment of purchased goods. The specific payment methods can be found on the respective product page.
8.2 All prices in our online store are quoted in EURO. All prices are ex-warehouse including packaging to which must be added all shipping charges and, where applicable, COD charges.
8.3 The price of the goods is valid at the time of ordering and is indicated in the confirmation that will be sent to you by e-mail immediately after placing the order. If items are saved in the shopping cart, the total price of the items will be updated to the current daily price during the ordering process.
8.4 In the case of purchase and sale contracts entered into between you and us, the total amount payable, including shipping costs, shall be due immediately. You also agree to receive invoices exclusively in electronic form.
8.5 Please note that the necessary ID, account/credit card information, and delivery address matching may be required to make a secure payment. These are purely security measures, so the data is routed through a secure connection and is not transmitted to third parties. The processing time of an order may be extended in this case. If the requested information is not provided, the order will be cancelled and the charges will be refunded using the same payment method you chose when placing the order. In this case, the goods will not be shipped and the offer you submitted will be considered rejected.
9. Delay/right of retention
9.1 If you are in arrears with payment, we reserve the right to charge you for the necessary reminders unless you can prove that no reminder fees were incurred or that such fees are significantly less than the reminder fees charged. The reminder fees amount to €2.50 per reminder.
9.2 The claim for additional delay damages is not excluded from the claim for reminder fees and/or interest.
9.3 You may offset claims you have against us or assert a right of retention only if your counterclaim is uncontested, if there is a legally binding title, or if the counterclaim is in a synallagmatic relationship with the claim in question.
10. Reservation of property
10.1 In order to secure our claim of the purchase price against you, we reserve ownership of all items on consignment until the purchase price is paid in full.
10.2 You are obligated to treat the goods subject to retention of title with care.
10.3 Goods subject to retention of title, prior to full payment of secured claims, may neither be pledged to third parties nor transferred as collateral. You are obliged to inform us immediately and in writing if any third party seizures occur on the goods owned by us.
10.4 If you are an entrepreneur, the following also applies:
10.4.1 We retain ownership of all delivered goods until all current and future claims arising from the purchase agreement and an ongoing business relationship with you ("secured claims") are paid in full.
10.4.2 If the realizable value of our guarantees exceeds the guaranteed receivables by more than 10%, we are required to release the guarantees upon your request. The selection of guarantees to be released will be made by us.
10.4.3 The processing or transformation, by you, of the delivered goods is always done for us. If the delivered goods are processed with other goods that are not our property, we acquire co-ownership of the new good in proportion to the ratio of the value of the delivered goods (final invoice amount including VAT) to the value of the processed goods at the time of processing. Otherwise, the same principles apply to the good created by processing as apply to goods delivered under reservation of title.
10.4.4 If the delivered goods are processed with other goods not owned by us, we acquire co-ownership of the new good in proportion to the ratio of the value of the delivered goods (final invoice amount including VAT) to the value of the processed goods at the time of processing. If mixing takes place in such a way that your good is to be regarded as the main good, it is deemed agreed that you transfer co-ownership to us on a pro rata basis. The sole ownership or co-ownership thus created shall be held by you for us.
11. Duration, blocking and termination of the account
11.1 The account registration contract is entered into for an indefinite period of time.
11.2 For your part, you may terminate the account registration agreement at any time and without notice.
11.3 For our part, we may terminate the account registration agreement with a two-week notice period.
11.4 The right to terminate the contract without notice for cause remains unaffected. We may terminate the account registration contract without notice particularly if:
- Incorrect or incomplete information is provided by you during registration,
- other contractual obligations are repeatedly violated by you and you do not desist from violating them despite warnings from us.
11.5 In the event that the termination of the contract has been made by us, there is no right for you to create a new account, even under another name or different name.
11.6 Any withdrawal from the contract must be in writing. Termination notices by e-mail are also to be considered communications in writing.
12. Warranty
12.1 The statutory provisions shall apply to your rights concerning material defects and legal deficiencies to the extent not otherwise stipulated below.
12.2 In the case of consumers, warranty rights on new items expire within two years, for used items within one year after the transfer of risk.
12.3 In the event of a warranty claim, you may, at your option, assert the right to repair of defects or delivery of non-defective goods (subsequent fulfillment). If the chosen type of subsequent fulfillment is associated with disproportionately high costs, the claim shall be limited to the remaining type of subsequent fulfillment. We will inform you accordingly.
12.4 In the event that you claim the costs of assembly and disassembly for the replacement of a part just delivered by us as part of the liability for material defects in a workshop, please submit the original receipts to us, since if the claim is recognized as a warranty case, the costs for workshop services will be reimbursed by us. Please make sure that only the work directly related to the repair of the defect (i.e., no third-party services listed on the invoice) is shown on the invoice. In addition, labor values should be shown with a breakdown of labor hours.
12.5 To entrepreneurs as buyers, liability for defects in used goods is excluded. This does not apply in cases of gross negligence or willful misconduct. In the case of new items, warranty rights expire within one year after the transfer of risk.
12.6 By way of clarification only, we point out that the following circumstances do not constitute a material defect if they are the main cause of the defect:
- Natural wear and tear,
- misuse,
- Lack or improper care of the goods,
- Inappropriate or improper use,
- defective assembly, particularly if the part ordered turns out to be blatantly not the correct one,
- Failure to comply with operating instructions,
- mishandling/handling.
13. Checking the accuracy of fit
We would like to point out that, despite due care, wrong deliveries may occur in individual cases. Therefore, before installing a purchased item, you are required to visually examine, by comparison with the replaced original part, whether the part you ordered is indeed compatible with your vehicle (e.g., matching holes and connections). If the purchased part visibly deviates in size, shape, or material from the replaced original part, please contact us for further clarification prior to installation or fitting or prior to modification (e.g., painting) of the purchased part. Warranty rights are in no way affected by this provision and remain unaffected.
14. Manufacturer's warranties
If there is a special warranty offered by the manufacturer that can be claimed in addition to the legal warranty, this is stated in the respective product description. This warranty applies only to the specific product and claims by you are governed by the respective warranty conditions of the manufacturer and exist solely against the manufacturer.
15. Seller's liability for damages
15.1 We shall be liable, without limitation, in cases of willful misconduct and gross negligence, and for damages resulting from injury to life, body, or health.
15.2 In case of slight negligence, we shall be liable for breach of an essential contractual obligation. An essential contractual obligation within the meaning of this clause is an obligation the performance of which makes possible in the first place the execution of the contract and on the performance of which the contracting party may therefore regularly rely.
15.3 In the case of clause 16.2, we will not be responsible for the lack of economic success, loss of profit and indirect damages.
15.4 Liability under Clause 16.2 is limited to typical and foreseeable damage at the time of contracting.
15.5 Limitations of liability apply accordingly in favor of our employees, representatives and auxiliary agents.
15.6 Any liability for warranties granted by us and for claims and demands under the Product Liability Act remains unaffected.
15.7 Any liability on our part is also excluded.
16. Final Provisions.
16.1 This contract is governed by the laws of the Republic of Italy to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. In the case of consumers, this does not apply to provisions whose application is mandatory, according to the law applicable in the absence of the clause (i.e., as a rule, according to the law of the country in which the consumer has his principal residence), and which cannot be waived by agreement.
16.2 Exclusive jurisdiction for all disputes arising out of or in connection with this User Agreement is Turin.
16.3 We reserve the right to amend or adapt these terms and conditions during the term of the contract with effect for the future, if this becomes necessary for compelling reasons, such as a change in law or case law. We will send you the amended terms and conditions in writing, prior to the date they are scheduled to come into effect, with particular reference to the new provisions and the date of their coming into effect. At the same time, we will allow you a reasonable period of at least four (4) weeks to declare whether you intend to accept the amended terms and conditions in order to continue using the services we offer. If no declaration is made within the aforementioned period, which shall take effect from the time of receipt of the message in text form, the amended terms shall be deemed accepted. We will separately inform you about this legal consequence, i.e., about the right of objection, the period of objection and the meaning of silence, at the time of the commencement of the aforementioned deadline. This amendment mechanism does not apply to changes in the main contractual obligations of the contracting parties.
16.4 The legal invalidity of individual provisions does not affect the binding effect of the remaining clauses.
16.5 The language of the contract is Italian.
Turin, 06/28/2024