GENERAL TERMS AND CONDITIONS OF SALE (GTC)
(B2C and B2B – Online sales)
- SCOPE OF APPLICATION
1.1 These General Terms and Conditions of Sale (the ‘GTC’) govern the online sale of products under the MonzaTech S.r.l. brand, with registered office in Via Friuli 10/D, 20853 Biassono (MB) – Tax Code and VAT No. 13522670960 – REA MB-2729044 – certified email address monzatechsrl@promopec.it (the ‘Seller’ or “MonzaTech”), carried out through the official website www.monzatech.com and are an essential and integral part of all product sales contracts entered into between the Seller or its resellers and the customer/purchaser (the ‘Purchaser’).
1.2 The GTC apply to:
- i) consumer customers (B2C), i.e. natural persons acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, pursuant to Article 3 of Legislative Decree 206/2005 and subsequent amendments;
- ii) professional clients and companies (B2B), without prejudice to the provisions of Article 1.3.
1.3 If the Purchaser does not have consumer status, these GTC shall apply, excluding the mandatory provisions of consumer protection law, including, by way of example, those relating to the right of withdrawal and the legal guarantee of conformity.
- CONCLUSION OF THE ONLINE CONTRACT
2.1 The sales contract is considered concluded when the Buyer receives the order confirmation from the Seller at the email address indicated during the order process.
2.2 By placing an order, the Buyer fully accepts these GTC, which the Buyer declares to have read, understood and accepted before completing the purchase.
2.3 The GTC published on the website at the time of placing the order form an integral and substantial part of the sales contract.
2.4 Any changes to the GTC shall not be effective unless agreed in writing between the parties.
- PRODUCTS
3.1 The GTC concern the online sale of products from the Intelligent Engine Cooling (IEC) and Smart Cooling System (SCS) lines, including any MonzaTech accessories.
3.2 Each product is accompanied by a description containing its main technical characteristics.
3.3 The images on the website and the graphic representations of the products are illustrative and not binding.
- PRICES AND PAYMENTS
4.1 Product prices are indicated in Euro and include VAT.
4.2 Any shipping costs, ancillary charges or additional costs are indicated separately before the order is completed.
4.3 Payment must be made in full at the time of ordering using the payment methods indicated therein or on the website.
4.4 The Seller reserves the right to suspend or cancel the order in the event of partial payment or failure to complete payment.
- DELIVERY
5.1 Products will be delivered to the address specified by the Purchaser when placing the order, according to the methods and estimated times indicated on the website and/or in the order confirmation or, if chosen by the Purchaser, delivery may take place at the Seller’s premises located in Biassono (MB), Via Friuli n. 10/D. In the event of collection from the Seller’s premises, the Buyer must present a copy of the order confirmation email and appointment confirmation and must sign the relevant product delivery note.
5.2 Delivery terms are indicative, unless otherwise agreed in writing between the parties.
5.3 In the event of the Seller’s temporary inability to deliver the product within the specified time frame, the Seller is required to promptly notify the Buyer of the delay, indicating at the same time when the product is expected to be available.
- RIGHT OF WITHDRAWAL – CONSUMERS (B2C)
6.1 Pursuant to Articles 52 et seq. of Legislative Decree 206/2005, the Purchaser who is a consumer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product, without obligation to provide any reason.
6.2 Before the expiry of the withdrawal period, the Purchaser must inform the Seller of their decision to exercise their right to withdraw from the contract by sending any written communication of their decision to withdraw from the contract, to be sent by registered letter or certified email to monzatechsrl@promopec.it.
6.3 In the event of withdrawal, any sums paid to the Seller shall be refunded to the Buyer within 14 (fourteen) days from the date on which the Seller receives the notice of withdrawal from the Buyer. The refund shall be made using the same means of payment used by the Buyer for the initial transaction, unless otherwise agreed between the parties.
6.4 If the product has already been delivered at the time of withdrawal and unless the Seller has offered to collect the product itself, the Buyer shall return the product to the Seller at their own expense within 14 (fourteen) days from the date on which they notified the Seller of their decision to withdraw from the contract pursuant to Article 54 of Legislative Decree No. 206/2005.
- WARRANTY – REFERRAL
7.1 The products sold are covered:
- i) the legal guarantee of conformity, where applicable;
- ii) the standard commercial warranty provided by MonzaTech, under the terms and conditions set out in the separate document entitled ‘MonzaTech Warranty’, available on the website and to be considered an integral and essential part of these GTC.
- APPLICABLE LAW AND JURISDICTION
8.1 The sales contract and these GTC are governed by Italian law.
8.2 In the event that the Purchaser has the status of consumer pursuant to Article 3 of Legislative Decree No. 206/2005 and subsequent amendments, pursuant to and for the purposes of Article 66 bis of Legislative Decree No. 206/2005 and subsequent amendments, the Court of the Purchaser’s place of residence shall have exclusive jurisdiction over any dispute relating to the execution and/or interpretation of the sales contract.
8.3 If the Purchaser does not have consumer status pursuant to and for the purposes of Article 3 of Legislative Decree No. 206/2005 and subsequent amendments, the Court of Monza shall have exclusive jurisdiction over any dispute relating to the execution and/or interpretation of the sales contract.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code and Article 34, paragraph 4, of Legislative Decree 206/2005, the Purchaser specifically approves the following clauses 2.1, 2.2, 2.3, 3.3, 5.1, 5.3, 6.4, 7, 8.3, by electronically accepting them when placing the order, through the mechanism provided on the website.
