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General Terms and Conditions of Sale - GTC

1. SUBJECT

1.1 The website www.retrosupremo.com owned by Pimax s.r.l. a socio unico, (hereinafter, the "Company" or "Pimax"), was created to carry out the retail sale of original spare parts and/or accessories for vintage vehicles (hereinafter, the "Products").
1.2 The following are the general terms and conditions that govern the relationship between customers and the Company with regard to the sale of the Products (hereinafter, the "T&Cs").
1.3 Pursuant to and for the purposes of Articles 7 and 12 of Legislative Decree No. 70/2003 and Articles 48, 49, and 51 of Legislative Decree 206/2005, customers are informed that the provider of information society services provided on the Site and the subject of these T&Cs is Pimax s.r.l. a socio unico , with registered office in Turin (TO) Piazza Santa Rita Da Cascia 8, registered with the Chamber of Commerce of Turin, REA No.: TO - 564685, C.F. and P. IVA 02533630014.

2. SCOPE OF APPLICATION.

2.1 T&Cs apply to purchases of Products in Pimax's electronic catalog at the time the order is placed and viewable online at the Site.
2.2 The customer who accesses the Site to make purchases may be a consumer by which is meant: (i) the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (hereinafter "Consumer Customer") or a professional by which is meant: (ii) the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity (hereinafter "Professional Customer" and where it is not necessary to distinguish them within the T&Cs also disjointly the "Customer" and jointly the "Customers") is required, before sending the order, to read carefully the T&Cs that have been made available to him on the Site and that will be available for consultation at any time by the Customer also through the link contained in the e-mail confirmation of each order to allow him to reproduce and store them.
2.3 In order to allow registration on the Site and/or the purchase of the Products and allow access to them, the Customer must read and accept the T&Cs governing the purchase of the Products.
2.4 In relation to the Products, these will be those present in Pimax's electronic catalog at the time of placing the order and viewable online at the web address of the Site. The images accompanying the descriptive sheet of a Product are for illustrative purposes only to allow the best perception of the various colors. The images of the Products, given the nature of the same, may not be exactly matching with the product itself, but differ in color and size, including in the accessories present in the picture.
2.5 At the time of registration and registration of his personal data, the Customer will declare that he is at least 14 (fourteen) years of age and that he has read the T&Cs, which must be expressly accepted by means of electronic signature, by clicking on the "Registration" space. The declaration of having carefully read the T&Cs and their acceptance is a necessary and indispensable condition for the access, use and enjoyment of the Site.
2.6 It remains understood that online purchase transactions will only be possible for Customers over 18 years of age, since, in the case of online payment directly on the Site, the method of payment must necessarily refer to an adult.
2.7 The T&Cs may be modified and/or updated at any time by the Company and any changes and/or additions to the T&Cs will be effective from the date of their publication on the Site.

3. APPLICABLE REGULATIONS

3.1 The legislation expressly referred to for distance contracts is provided for in Section II of the Consumer Code and for sales by electronic means by Legislative Decree No. 70 s.m.i. April 9, 2003.
3.2 The sales contract entered into between the Customer and the Company is governed by and interpreted in accordance with Italian Law, subject to the provisions of the Consumer Code.

4. REGISTRATION

4.1 In order to be able to take advantage of the Service - without, however, this procedure entailing an obligation to purchase on the part of the registrant - each Customer must register on the Site, subject to an express declaration that he/she has read and accepted the T&Cs, by indicating a valid e-mail address on which Pimax will forward a confirmation and welcome communication with a temporary password. As soon as the registration process is completed, through the generation of a new password by the Customer, the latter must provide only his date of birth.
When placing an order, the following personal data will also be requested:

  • first name, last name/company name;
  • date of birth;
  • e-mail address.
  • nationality;
  • Residential address/location;
  • telephone number;
  • Shipping address if different from residence/location;
  • tax code or VAT number.

4.2 The data provided to Pimax will be stored upon registration, the processing of the aforementioned data is subject to the privacy regulations, pursuant to and for the purposes of Legislative Decree No. 196/2003 and EU Reg. No. 679/2016 (hereinafter "GDPR").
4.3 The Customer may modify such data at any time by accessing its profile on the home page of the Site.
4.4 The username to access the restricted area of the Site will consist of the email address used for registration and the password will consist of an alphanumeric code formulated by the Customer at the time of registration. It is understood that the username and password are personal and may not be used by any third party to access the restricted area of the Site.
4.5 The Customer agrees not to provide false or misleading information during registration, including false names, addresses and contacts, not to fraudulently use credit or debit card numbers, not to attempt to circumvent the Site's security measures or hack the network, to use the Site's services for purposes unrelated to business transactions, to engage in any illegal activity in connection with the use of the Site.
4.6 The Company shall not be subject to any liability arising from the misuse of username and/or password by third parties.
4.7 The Customer undertakes, as soon as he/she becomes aware of it, to notify the Company, by sending an e-mail to shop@retrosupremo.com, of the theft and/or loss of the access data (username and/or password) and/or unauthorized disclosure and/or unauthorized use by third parties of the username and/or password. Following the report, the Company will proceed to deactivate the account and delete all content, if any, related to the Customer who made the report.
4.8 In the absence of a report, any subsequent disabling of the Customer's account due to prejudicial or fraudulent conduct will result in the direct and exclusive liability of the Customer for all uses and/or abuses of his/her credentials and/or account.
4.9 The Customer may at any time request the deletion of his/her registration and data from the Company by sending an e-mail to shop@retrosupremo.com. Upon receipt of such notice, the relationship with the Company shall be deemed to be terminated and the cancellation of the Customer's account and credentials by the Company shall follow without delay.
4.10 The Company reserves the right at any time to prevent the Customer from accessing the Service and the ability to purchase Products as well as to terminate the operation of its credentials immediately and without notice in the event that it deems that there is a material breach of the provisions of the T&Cs.
4.11 The Company agrees to cooperate and cooperate in any way with all relevant authorities, including judicial authorities, where they order or require the disclosure of the identity or location, as well as additional data, of anyone responsible for any computer infringement relating to the Customer.

5. CONCLUSION OF THE CONTRACT

5.1 The contract of sale between Pimax and the Customer shall be deemed concluded with the acceptance of the order by Pimax. The acceptance will be sent by Pimax to the e-mail address communicated by the Customer when registering on the Site.
5.2 This confirmation message will contain the Date and Time of execution of the order and an "Order Number", to be used in any further communication with the staff of Pimax. The message will reproduce all the data entered by the Customer, who undertakes to verify its correctness and to promptly communicate any corrections, in the manner described in this document.
5.3 In the event of non-acceptance of the order, the staff of Pimax shall ensure timely communication to the Customer.
5.4 In accordance with Legislative Decree 9 April 2003, No. 70 laying down provisions on electronic commerce, to place an order the Customer shall:

  • Place a Product in your shopping cart by clicking on its icon near the Product;
  • at the end of the selection of the Products placed in the shopping cart, to proceed with the purchase the Customer must click on the "Proceed with Order" button;
  • the Customer must then register, log in with their credentials to the Site;
  • the Customer may choose the mode of shipment and must accept these T&Cs without reservation;
  • the Customer may then proceed to pay for the Products and delivery charges by the following methods: i) Paypal express checkout; ii) bank transfer;
  • upon completion of the order, the Site will automatically assign a unique number that will be listed on the final purchase summary page;
  • Pimax, upon verification of payment and actual availability of the Product in case of multiple purchases as provided below in Section 5.8, will send the Customer an order confirmation that will contain the following information: i) number and date of the order; ii) details of the Product(s), quantity, price; iii) type of payment chosen; iv) cost of delivery; v) total order amount;
  • the Customer agrees to verify the correctness of the data in the order confirmation e-mail and to report any errors to Pimax.

5.5 The Customer, by placing an order in the manner present on the Site, declares that he/she has read all the instructions provided during the purchase process, that he/she understands them and accepts in full the T&Cs set forth herein.
5.6 These T&Cs form an integral part of the contract of sale concluded between the Customer and Pimax.
5.7 Only products materially available in stock[A5] can be ordered on the Site. The built-in functionality of stock item availability is accurate; however, small communication delays may occur between actual stock in the warehouse and the situation reported on the Site. As a result, the availability of the item in some rare cases may not be guaranteed with certainty.
5.8 In the case of multiple purchases of Products, at the same instant, by more than one Customer, Pimax reserves the right to verify, upon receipt of the order, the availability of the Product and, failing that, to promptly notify the non-acceptance of the order sent.
5.9 Entering a Product in the shopping cart does not imply a commitment to conclude the purchase of the same. The Customer, as long as it has not completed the procedure for the purchase of Products, may: i) change the quantity and/or delete Products already placed in the cart; ii) add other Products to the cart.
5.10 Within the "my account" section present in the Customer's private area on the Site, it will be possible to view the information of his account, monitor the status of the order, any return requests and make delivery requests to multiple addresses.
5.11 The order will be stored in Pimax's database for the time necessary for the execution of the same and, in any case, within the terms of the law.

6. TERMS AND CONDITIONS OF PAYMENT

6.1 Bank Transfer
In the case of purchase of the Products with mode of payment by bank transfer, the Customer must arrange the transfer to the bank details indicated by Pimax at the time of confirmation of the order.
6.2 Paypal
In cases of purchase of the goods with PayPal mode of payment, simultaneously with the conclusion of the online transaction, PayPal will immediately charge the amount related to the purchase made.

7. CORRESPECTOR

7.1 The sale price of the Products is expressed in Euro and inclusive of VAT and any other tax.
7.2 All sale prices of the Products displayed and indicated within the Site constitute an offer to the public pursuant to Article 1336 of the Civil Code, subject to price variation by Pimax.
7.3 The sale price is considered valid until the communication of the acceptance of the order.
7.4 Shipping costs and any ancillary charges (e.g. customs clearance), if any, although not included in the purchase price, will be indicated and calculated in the purchase procedure prior to the placing of the order by the Customer and also contained in the summary web page of the order placed.

8. BILLING

8.1 Each order shipped is accompanied by a detailed Transportation Document as required by Presidential Decree No. 696 of 21 December 1996. If the purchase is finalized in Italy, the invoice regarding a purchase will be issued only if requested at the time of ordering by indicating the number of its VAT number in the appropriate field and transmitted by e-mail indicated during registration by the Customer. It is not possible to request the invoicing of a previously processed order.

9. MODE AND COST OF DELIVERY OF PRODUCTS

9.1 The Company will promptly deliver the Products purchased by courier, exclusively on the Italian territory and in the countries that are part of the European Union.
9.2 The Products will be delivered within 15 working days from the purchase, unless a different term has been agreed upon between the Company and the Customer. The aforementioned delivery times are for indicative purposes only and, although they are usually respected, the Company does not assume any commitment or guarantee that they will be respected.
9.3 Under no circumstances, therefore, may direct and/or indirect damages for delayed delivery be charged to the Company.
9.4 Delivery takes place from Monday to Friday during the normal working hours (9-18).
9.5 The Company assumes no responsibility for inefficiencies attributable to force majeure in the event that it is unable to execute the order within the time provided by the T&Cs.
9.6 Upon delivery of the Products by the courier, the Customer shall check that:

  • the number of Products being delivered corresponds to what is indicated in the accompanying document;
  • the Products shown on the packaging correspond to what is actually indicated on the invoice/receipt;
  • the packaging is intact, not damaged or otherwise altered even in the sealing materials.

9.7 The Customer acknowledges that the collection of the Product is its precise obligation under the purchase contract. In case of non-delivery due to the absence of the addressee at the address specified in the order or of the addressee's agent, the order shall be deemed cancelled without the possibility of a refund of the amount paid by the Customer; it will also be the Company's right to consider excluding the Customer from the possibility of making further purchases on the Site in the future. The termination of the contract and the amount related to the costs of redelivery to the Company will be communicated to the Customer by e-mail.
9.8 Any damage to the packaging and/or the Product or the mismatch of the Products delivered to those object of the order, must be immediately reported by the Customer by e-mail to shop@retrosupremo.com.
9.9 In any case, no responsibility can be attributed to the Company in case of delay in the fulfillment of the order or in the delivery of what has been ordered.
9.10 Delivery costs, which will depend on the destination, weight and volume of the Products, shall be borne by the Customer.
9.11 Payment for the goods by the Customer shall be made using the method chosen when placing the order. Nothing more is due from the Customer than the total amount of the order highlighted at the end of the purchase procedure.

10. RIGHT OF WITHDRAWAL

10.1 Pursuant to and within the limits set forth in Article 52 of the Consumer Code, the Consumer-Customer has the right, within 14 calendar days of receipt of the purchased Products, to exercise the right of withdrawal (so-called right of repentance), consisting in the possibility of returning the Products received and obtaining a refund of the price paid, without penalty and without having to provide any reason.
10.2 The aforesaid period begins on the day on which the Customer Consumer or a third party, other than the carrier and designated by the Customer Consumer, acquires physical possession of the Product or:

  • in the case of multiple Products ordered from the Consumer Customer by a single order and delivered separately, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last Product;
  • in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last lot or piece.

10.3 The Customer who decides to make use of the right of withdrawal must send a written notice to Pimax by registered letter A/R to the address of Pimax, Piazza Santa Rita Da Cascia 8, Turin (TO) and may anticipate such communication by e-mail to shop@retrosupremo.com, which will not replace the registered letter.
10.4 Pimax following the withdrawal of the Customer Consumer, within 24/48 hours of receipt of the notice of exercise of the withdrawal, shall communicate by e-mail to the Customer Consumer a confirmation of receipt of the will to withdraw the same.
10.5 In accordance with the law, the Customer Consumer shall bear the shipping costs for the return of the Products, which must be sent to the following address: Piazza Santa Rita Da Cascia 8, Turin (TO), within fourteen days from the date on which he communicated to Pimax his decision to withdraw from the contract (the deadline is met if the Consumer Customer sends back the goods before the expiry of the fourteen-day period).
10.6 If the goods are damaged during transport, Pimax will notify the customer of the incident (within the 5th day of receipt of the goods in its warehouses), to enable him to file a timely complaint against the carrier of his choice and obtain reimbursement of the value of the goods (if insured); in this case, the Product will be made available to the customer for its return, at the same time canceling the request for withdrawal.
10.7 Pimax is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments; upon its arrival at the warehouse, the Product will be examined to assess any damage or tampering not resulting from transport. If the returned product is damaged, Pimax will deduct from the refund due a percentage, as a contribution to the cost of restoration.
10.8 Pimax shall also reimburse all expenses incurred by the Customer Consumer (purchase of the Product and original delivery of the same; they are obviously excluded those for the redelivery) within 14 days from the communication of the right of withdrawal, and in any case upon receipt of the Product in return, by Bank Transfer or Paypal. It will be the Customer's responsibility to promptly provide the bank details on which to obtain the refund (first name last name account holder, IBAN code).

10.9 However, the right of withdrawal is subject to the following conditions:

Pimax's Products are sold in special packaging; such packaging is considered an integral part of the Products. Therefore, in order for the Customer to properly exercise the right of withdrawal, the Product purchased must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment to limit damage to the original packaging).

  • the return, until the certificate of receipt by Pimax, is the complete responsibility of the Customer;
  • Under no circumstances will Pimax be liable for damage, theft or loss of returned Products;
  • upon its arrival at the above return address, the Product will be examined for any damage or tampering not resulting from transportation.

10.10 The Consumer Customer shall forfeit the right of withdrawal for lack of the essential condition of integrity of the Products (packaging and/or its contents), in cases where Pimax ascertains:

  • The lack of or damage to the outer package;
  • The lack of or damage to the original inner packaging;
  • The absence of integral elements of the Product (accessories, parts);
  • Damage to the Product due to causes other than transportation.

10.11 In the event of forfeiture of the right of withdrawal, Pimax will return the purchased Product to the Consumer Customer, charging the same for shipping costs, and no refund of the price paid will be made.
10.12 It should be noted that the right of withdrawal as governed by this clause is reserved only for Consumer Customers; there is no right of withdrawal for Professional Customers.

11. WARRANTY

 11.1 In the event of a lack of conformity, i.e. delivery of goods that present defects or faults or are different from those provided for in the contract of sale, i.e. unsuitable for the use for which goods of the same type are normally used, different from the description published on the site or that do not manifest the promised qualities, the provisions on Legal Warranty apply as provided for in Art. 128 et seq. of Legislative Decree 205/2006 (Consumer Code).
11.2 Excluded from the scope of application of the Legal Warranty are any failures or malfunctions caused by accidental events or by the Customer's responsibility or by a use of the Product that does not comply with its intended use and/or with what is provided in the technical documentation attached to the Product.
11.3 Pimax shall be liable when the lack of conformity becomes apparent within a period of two years from delivery of the Product, unless there is a conventional warranty beyond that period.
11.4 Consumer Customer shall report the defect or defect to Pimax within two months of discovery (unless Pimax has acknowledged or concealed the existence of the defect).
11.5 An action to enforce defects not maliciously concealed by the seller shall be time-barred within the term of twenty-six months from delivery of the goods (however, the Consumer Customer who is sued for the performance of the contract may always enforce the rights under this Article provided that the lack of conformity is reported within two months of discovery and before the expiration of two years from delivery).
11.6 In the event of a lack of conformity, the Consumer-Customer may request, without charge (including shipping costs), restoration by repair or replacement, at his or her option, unless remedy is objectively impossible or excessively burdensome compared to the other.
11.7 The above remedy shall be deemed excessively onerous if it imposes unreasonable expenses on Pimax in comparison with the other, taking into account: a) the value the Product would have if there were no conformity defect; b) the extent of the conformity defect; c) whether the alternative remedy can be pursued without significant inconvenience to the Consumer Customer.
11.8 Replacements shall be carried out within a reasonable period of time from the request and shall not cause significant inconvenience to the Consumer Customer, taking into account the nature of the Product and the purpose for which it was purchased.
11.9 The Consumer may request, at his or her option, an appropriate reduction in the price or termination of the contract where any of the following situations occur:

  • replacement is impossible or excessively costly;
  • Pimax did not provide replacement within a reasonable time;
  • the substitution previously made caused significant inconvenience to the Consumer Customer.

11.10 After notification of the lack of conformity, the Seller may offer the Consumer Customer any other available remedy, with the following effects:

  • where the Consumer Customer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences as to the commencement of the reasonable period for repairs or replacements, unless the Consumer Customer accepts the proposed alternative remedy;
  • where the Consumer-Client has not already requested a specific remedy, the Consumer-Client must accept the proposal or reject it by choosing another remedy under this Article.

A minor conformity defect, for which it has not been possible or is excessively burdensome to exhaust the remedy of replacement, does not entitle to termination of the contract.
11.11 The legal warranty is limited to purchases made by Consumer Customers. With regard to Professional Customers, the provisions of the Civil Code in Articles 1490 et seq. shall apply.

12. COMMUNICATIONS AND COMPLAINTS

 12.1 Any communication regarding T&Cs should be sent by e-mail to the following e-mail address shop@retrosupremo.com
12.2 Any complaints should be addressed to shop@retrosupremo.com. Only complaints submitted via the indicated e-mail shall be considered valid.
12.3 Pursuant to Article 141-sexies, paragraph 3, of the Consumer Code, Pimax informs the Consumer Customer that, in the event that the latter has submitted a complaint directly to Pimax as a result of which it has not been possible to resolve the dispute thus arising, Pimax will provide information regarding the alternative dispute resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded pursuant to the T&Cs (cc. d. ADR bodies, as referred to in Articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute.
12.4 Pimax also informs the Consumer Customer that a European platform for online consumer dispute resolution (so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/; through the ODR platform the Consumer Customer will be able to consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the disputes in which it is involved.
12.5 In any case, the Consumer Customer's right to bring disputes arising from the T&Cs before the ordinary court of competent jurisdiction remains unaffected, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set forth in Part V, Title II-bis Consumer Code.
12.6 The Consumer Customer residing in a Member State of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of the T&Cs, to the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, 2,000.00 Euro. The text of the Regulation is available on the website www.eur-lex.europa.eu.

13. COPYRIGHT

13.1 All content on the Site, including text, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark protection legislation (Law No. 633 of April 22, 1941 and subsequent amendments, Royal Decree No. 929 of June 21, 1942 and subsequent amendments) and are copyrighted. The Site may also contain images, documents, logos and trademarks of third parties who have expressly authorized Pimax for publication. The reproduction, even partial, of the contents, texts, documents, trademarks, logos, images, graphics, is prohibited. Any abuse will be prosecuted according to current laws.

14. PROCESSING OF PERSONAL DATA

14.1 The privacy policy prepared in accordance with Article 13 EU Regulation 269/2016 is to be considered an integral part of these T&Cs and the processing of the User's personal data will be carried out by Pimax in accordance with the GDPR.
14.2 For information regarding the processing of personal data provided by the Customer when confirming the order, please refer to the Privacy Policy section available on the Site.
14.3 The information provided by the Customer will be kept for the period of time stated in the information provided by Pimax in accordance with Article 13 of the GDPR.

15. APPLICABLE LAW AND PLACE OF JURISDICTION

15.1 The regulations expressly referred to for distance contracts are set forth in Section II of Legislative Decree No. 206 of September 6, 2005, as amended and for sales by electronic means in Legislative Decree No. 70 of April 9, 2003, as amended.
15.2 Pursuant to Article 6(2) of the Rome I Regulation (Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008), the Consumer Customer shall also enjoy the protection of the mandatory provisions of the law of the State in which it has its habitual residence.
15.3 The law applicable to the T&Cs is the Italian law. Any dispute regarding the interpretation, execution and/or validity of the T&Cs shall be subject to the jurisdiction of the Italian Courts and exclusively to the Court of Turin.
15.4 However, the Consumer Customer being a consumer under the Consumer Code, accepts the non-exclusive jurisdiction of the Italian Courts and the jurisdiction of the authority identified under Article 66-bis of the Consumer Code.

16. SPECIAL CLAUSES

16.1 Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the following clauses are expressly accepted: 4 (Registration); 5 (Conclusion of the contract); 6 (Payment method); 9 (Mode and cost of delivery of products); 10 (Right of Withdrawal); 11 (Warranty).