Preamble

These Conditions of Sale apply to purchases made through the website www.josefingarage.com by Consumers and/or Professional Buyers, defined and identified as follows. Depending on the purchaser – consumer or professional purchaser – who will complete the contract, different rules and regulations will apply as below.

Definitions

I. Seller means Josefin Garage Josefin Garage S.r.l. in the name of the legal representative, with place of business located in Susegana, Treviso, registered under 415896 VAT Code 04982870265 and hereinafter referred to as ”Josefin Garage”. Contact data can be found in the section ‘Contact’ of this website;

II. Professional Buyer means the free-lance professional or legal entity that, through an appointed and authorised natural person, interacts with the e-commerce platform and concludes an online purchase, in the exercise of its entrepreneurial and commercial activity;

II. Consumer means the natural person acting for personal and non-professional purposes, unrelated to the entrepreneurial, commercial, craft or professional activity carried out, as defined by the Consumer Code;

III. User means the visitor to the platform who interacts with the functions of the site;

IV. Agreement or Sale Agreement means the agreement of sale of the movable goods present on the e-commerce portal that is concluded between the Seller and the Professional Buyer and/or the Consumer, within the scope of a sale through telematic instruments;

V. Parties means the Seller and the Consumer or the Seller and the Professional Buyer;

VI. Portal or Platform or Website means the website www.josefingarage.com managed by the Seller, through which the online purchase is performed 

General Provisions

a) These General Conditions of On-Line Sale regulate the commercial relations between the Seller and the Consumer and/or Professional Buyer and constitute a substantial part of the contract of sale of movable goods concluded between the Parties;

b) the subject matter of the Agreement is the products offered for sale on the website www.josefingarage.com. The Agreement is concluded exclusively through the Internet, by means of the access of the Consumer or Professional Purchaser to the address www.josefingarage.com and the placing of a purchase order as described on the website;

c) the Consumer or Professional Seller must read, before confirming their order, the present general Conditions of Sale, and accept them by ticking the box indicated;

d) in the e-mail confirming the order, the Consumer will also receive the link to download and file a copy of these general Conditions of Sale, as provided for in Article 51 paragraph 1 of Italian Legislative Decree 206/2005, amended by Italian Legislative Decree 21/2014.

ARTICLE 1

Pre-contractual information for the Consumer – Article 49 of Italian Legislative Decree 206/2005 (as amended)

The Consumer, before the conclusion of the purchase, shall examine the characteristics of the goods that are illustrated in the individual product sheets at the time of the choice by the Consumer.

Prior to the validation of the order with “obligation to pay”, the Consumer is informed in relation to;

– total price of the goods including taxes, with details of shipping costs and any other cost;

– method of payment; 

– conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the standard withdrawal form set out in Annex I, part B of Legislative Decree 21/2014;

– information that the Consumer will have to bear the cost of returning the goods in case of withdrawal; 

– the existence of the conformity  warranty for the purchased goods; – conditions of after-sales service and commercial guarantees provided by Josefin Garage. 

The Consumer may at any time and in any case before the conclusion of the contract, take knowledge of the information relating to Josefin Garage geographical address, telephone number, e-mail address, information that is reported in this website.

ARTICLE 2

Conclusion and effectiveness of the contract

The Sale Agreement is considered concluded when Josefin Garage sends an e-mail confirming the order. The e-mail shall contain the data of the Consumer or Professional Buyer and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and file a copy of these conditions.

The consumer agrees to verify the accuracy of the personal data contained in the above email and to communicate promptly to Josefin Garage any corrections / changes to be made.

Josefin Garage shall describe the items sold on the site in the best possible way. However, there may be some errors, inaccuracies or small differences between the product depicted on the site and the actual product. The photographs of the products presented on www. josefingarage.com do not constitute a contractual element, as to be considered only descriptive of the product.

Josefin Garage shall deliver the goods within 30 days from the sending of the order confirmation e-mail to the Customer (see also article 13).

ARTICLE 3

Availability of Products

Product availability refers to the actual availability at the time the Buyer or Professional Seller places the order. All orders for products are subject to their availability. As such, in the event of supply problems, the Seller reserves the right not to accept your order. Although the Seller always makes every effort to process all orders, the Seller reserves the right to refuse to process orders in the event of exceptional circumstances occurring after the confirmation of payment has been sent. 

Even after sending the order confirmation e-mail sent by Josefin Garage, there may be cases of partial or total unavailability of goods. In this case, the order will be automatically rectified with the elimination of the unavailable product or products and the Buyer, or the Professional Seller, will be immediately informed by e-mail; with this e-mail the customer will also be informed of the procedures and timing for the refund of any amounts paid.

ARTICLE 4

Methods of payment

Any payment by the Customer may only be made using the payment methods indicated on the site.

In the event of payment by credit card, the amount of the order shall be debited when the order is completed.

In case of payment by Paypal, the actual charge will take place at the time of sending the e-mail order confirmation by Josefin Garage.

Any communication relating to the payment and the data communicated by the Buyer at the time this is done are made on special secure lines.

ARTICLE 5

Prices

All sales prices of the products shown on the www.josefingarage.com website are in Euros and include VAT. Shipping costs are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the purchase process and before making the payment.

The Buyer accepts the right of Josefin Garage to change the prices at any time, however the goods will be invoiced based on the prices indicated on the site at the time of order and as per indicated in the confirmation e-mail received.

In case of computer, manual, technicalor any other error nature that may result in a substantial and not foreseeable change of the price which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid will be refunded within 14 days from the day of cancellation.

ARTICLE 6 

Right of withdrawal of the Consumer

In accordance with the legal provisions in force, the Consumer has the right to withdraw from the purchase without penalty and without specifying the reason within 14 days from the date of receipt of the products.

The Consumer who intends to exercise the right of withdrawal must communicate to Josefin Garage by means of an explicit declaration, which may be sent by registered letter with return receipt or by registered email to josefingaragesrl@legalmail.it. 

The Consumer may also exercise the right of withdrawal by sending any express declaration containing the decision to withdraw from the contract, or alternatively by sending the standard withdrawal form, as per Annex I, Part B, Legislative Decree 21/2014 (not mandatory), the text of which is set out below:

Standard withdrawal form pursuant to Article 49(1)(h)

(complete and return this form only if you wish to withdraw from the contract)

e-mail: josefingaragesrl@legalmail.it

I/We (*) hereby notify (*) that I/we (*) withdraw from my/our (*) contract of sale of the following goods/services (*)

– Ordered on (*)/received on (*)

– Name of consumer(s)

-Address of consumer(s)

– Signature of the consumer(s) (only if this form is sent on paper)

– Date of submission

(*) Delete if necessary .

In case of exercising the right of withdrawal, the Consumer shall return the goods within 14 days from the day on which he/she communicated to us his/her will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.

The goods must be returned to the registered office of Josefin Garage.

The goods must be returned intact, in original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc..) and complete with the attached tax documentation. Without prejudice to the right to verify the compliance with the above, Josefin Garage will refund the amount of the products subject to withdrawal within a maximum period of 14 days.

With regard to the return of the product subject to withdrawal, Josefin Garage ensures its customers the possibility to use an appointed carrier agreement. If the Customer decides to use this service, the shipping costs (except those related to telephone booking) will be borne by Josefin Garage (art. 56 co.1 d. lgs 206/2005). In the event that  Customer intends to use another carrier or another means of delivery, all shipping costs will be borne by the Customer itslef (art 56 co. 2 d. lgs 206/2005).

As provided by art. 56 paragraph 3 of D. Decree 206/2005, as amended by D. lgs 21/2014, Josefin Garage may suspend the refund until receipt of the goods or until the consumer demonstrates that he has returned the goods to Josefin Garage.

Josefin Garage will make the refund using the same means of payment chosen by the consumer during the purchase. In case of payment by bank transfer, and if the consumer intends to exercise its right of withdrawal, Consumer must provide Josefin Garage with the following the bank details: IBAN, SWIFT and BIC necessary for the execution of the refund, by accessing the contact section of the website.

It is understood that in case of defect of the product, the shipping costs will be borne by Josefin Garage.

ARTICLE 7

Exclusions of the right of withdrawal of the Consumer

The Consumer Code provides for exclusions to the right of withdrawal, in particular the right of withdrawal for distance contracts and contracts negotiated away from business premises is excluded in relation to:

a) service contracts after the full performance of the service if the performance has begun with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full performance of the online sales contract by the Seller;

b) the supply of goods or services whose price is linked to fluctuations in the financial market that the seller is not able to control and that may occur during the withdrawal period;

c) the supply of goods made to measure or clearly personalized;

d) the supply of goods which are liable to deteriorate or expire rapidly;

(e) the supply of sealed goods which are unsuitable for return for reasons of hygiene or health protection and which have been opened after delivery;

(f) the supply of goods which, after delivery, are by their nature inseparably mixed with other goods;

g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of concluding the online sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations in the market that cannot be controlled by the Seller;

h) contracts in which the Consumer has specifically requested a visit from the Seller for the purpose of carrying out urgent repair or maintenance work if, on the occasion of such visit, the Seller provides services in addition to those specifically requested by the Consumer or goods other than spare parts necessary to carry out the maintenance or repairs, the right of withdrawal shall apply to such additional services or goods

i) the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery;

(l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications

(m) contracts concluded at a public auction;

(n) the provision of accommodation for non-residential purposes, transport of goods, car rental services, catering services or services related to leisure activities if the contract provides for a specific date or period of performance

(o) the supply of digital content on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgement that he would then lose his right of withdrawal.

ARTICLE 8

Conformity warranty for the Professional Buyer

In the case of a purchase by a Professional Buyer, the conformity warranty and for defects are those provided for in Articles 1470 et seq. of the Civil Code governing the contract of sale.

ARTICLE 9

Responsibilities and obligations and limitations of the Seller towards the Professional Buyer 

The User shall pay the price of the products in the manner and according to the terms described in these Conditions of sales.

With reference to the purchases made through this website by the Professional Buyer, the warranty provided by the Seller is only the one related to Business2Business purchases and in compliance to the general applicable rules, in particular it shall be applicable only if the product is used in compliance with the uses for which it is intended.

This warranty does not cover products subject to wear and tear, such as gaskets, and anything that can be considered normal wear and tear due to use.

No claims will be accepted on goods ordered and delivered after five days from receipt of the goods by the Professional Purchaser.

Returns are not accepted unless authorised and accepted in advance by the Josefin Garage, e.g. in the case of a defective product (the presence of the defect must be claimed within 8 days of receipt of the goods). If a product is returned, Josefin Garage shall issue a credit note or replace the product.

The request can be made either: 

1. by sending a written request by registered letter with acknowledgement of receipt or by registered e-mail or electronic mail to the Josefin Garage at josefingaragesrl@legalmail.it., and Josefin Garage will indicate his willingness to pursue the request, or the reasons preventing him from doing so, within seven working days of receipt. In the same communication, if Josefin Garage has accepted the request of the professional Buyer, Josefin Garage will indicate the modalities of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods; or

 (ii) through a link that the Professional Buyer will receive with the order confirmation e-mail, following the automatic process proposed by the portal which ends with the sending of an e-mail confirming the return request. The Professional Buyer will be contacted by a representative of Josefin Garage within 3 to 5 working days.

ARTICLE 10

Warranty of Conformity for the Consumer

In case of purchase by a consumer, the warranty for conformity and for defects are those provided under the Consumer Code (D. Lgs 206/2005 and subsequent amendments).

In the event of receipt of defective products or in any case products that do not conform to the orders placed, the Consumer shall have the right to have the conformity of the product restored without charge by repairing or replacing the product. The Consumer may exercise this right if the defect becomes apparent within two years from delivery of the goods and reports the defect to Josefin Garage within two months from discovery. In order to exercise the above right, the Consumer must proceed to the creation of a computer file of return by accessing the section “My orders” of the space “My online account” on the site www.josefingarage.com.

In case of defective or non-conforming product, Josefin Garage shall, at its own expense, arrange the withdrawal of the product, subject to availability of the Consumer.

In case of lack of conformity, the Consumer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to satisfy or is excessively expensive for the Josefin Garage pursuant to art. 130, paragraph 4, of the Consumer Code.

This request shall be made in either:

 (i) by sending a written request, by registered letter with return receipt or by certified e-mail or electronic mail to Josefin Garage at josefingaragesrl@legalmail.it.,, and Josefin Garage shall indicate his willingness to carry out the request, or the reasons that prevent him from doing so, within seven working days from receipt. In the same communication, in the event that Josefin Garage has accepted the request of the Consumer, Josefin Garage shall indicate the modalities of shipment or return of the goods as well as the term provided for the return or replacement of the defective goods; or

(ii) through a link that the Consumer will receive with the order confirmation e-mail, following the automatic process proposed by the portal which ends with the sending of an e-mail confirming the return request. Consumer will be contacted by a representative of Josefin Garage within 3 to 5 working days.

through a link that the Consumer receives during the order confirmation e-mail, following the 

In both cases, the Consumer is required to keep and send to Josefin Garage a copy of the invoice, receipt or equivalent document, which shows the name of Josefin Garage, date and place of delivery of the product.

In the event that the repair and replacement are impossible or excessively onerous, or Josefin Garage has not provided for the repair or replacement of the goods within the term set forth in the preceding point or the replacement or repair previously made have caused significant inconvenience to the Consumer, the latter can request, at his discretion, an adequate reduction of the price or the termination of the agreement. The Consumer must in this case send his request to Josefin Garage, and Josefin Garage shall indicate his willingness to execute the same, or the reasons that prevent them from doing so, within seven working days from receipt.

In the same communication, in the event that the Seller has accepted the request of the Consumer, it shall indicate the reduction of the price proposed or the modalities of restitution of the defective goods. In such cases it shall be the responsibility of the Consumer to indicate the modalities for the re-crediting of the sums previously paid to Josefin Garage

ARTICLE 11

Responsibilities and obligations of Josefin Garage towards the Consumer.

The Consumer will pay the price of the products in the manner and according to the terms of the Conditions of Sale.

Pursuant to articles 114 and subsequent of the Consumer Code, Josefin Garage shall be responsible for the damage caused by defects of the goods sold if he fails to communicate to the damaged party, within the term of three months from the request, the identity and the domicile of the producer or the person that supplied him with the goods.

The aforementioned request by the damaged party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain an offer to view the product, if it still exists.

Josefin Garage shall not be held liable for the consequences of a defective product if the defect is due to the product’s conformity with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time when the manufacturer put the product into circulation did not yet allow the product to be considered as defective.

No compensation shall be due if the aggrieved party was aware of the product’s defect and the danger arising therefrom and nevertheless voluntarily exposed itself to it. In any event, the aggrieved party must prove the defect, the damage, and the causal connection between the defect and the damage.

The aggrieved party may claim damages for death or personal injury or for destruction or deterioration of a thing other than the defective product, provided that it is of a kind normally intended for private use or consumption and so principally used by the aggrieved party.

The damage to property referred to in article 123 of the Consumer Code shall, however, only be indemnifiable to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).

In no event shall the Consumer be held liable for delays or misunderstandings in the payment if he/she demonstrates that he/she has made the payment in the time and manner indicated by Josefin Garage. Josefin Garage shall not be deemed liable for damages, losses and costs suffered by the Consumer as a result of the failed execution of the contract for causes not attributable to him, having the Consumer only the right to the full restitution of the price paid and any accessory charges incurred.

ARTICLE 12

Commercial warranty

All of the products presented on the website benefit, in addition to the legal warranty of conformity referred to in the previous articles, from a commercial warranty whose duration is cited on the product sheets of the articles.

In order to benefit from the warranty service, the customer must keep the invoice.

ARTICLE 13 

Mode of delivery

The products will be delivered by express courier to the address indicated by the Customer at the time of the order within and not later than 30 days from the date of receipt by the Customer of the e-mail confirming the order.

For each order placed on the website, Josefin Garage will issue an invoice for the products shipped. The invoice is available, after the processing of the order, and will be sent via email. The invoice shall contain the information provided by the Customer during the purchase process. Once the invoice has been issued, it will not be possible to make any changes to the data indicated on it.

ARTICLE 14  

Liability 

Josefin Garage S.r.l. does not assume any responsibilities for inefficiencies due to force majeure or unforeseeable circumstances, even if dependent on malfunctions and failures of the Internet, in the event that it is not able to execute the order in the time provided for in the contract.

ARTICLE 15

Cookies

The website www.josefingarage.com uses ”cookies”. Cookies are electronic files that record information about the navigation of the customer on the site (pages viewed, date and time of consultation, etc. ..) and allow Josefin Garage to offer a personalized service to its customers.

Josefin Garage informs the Customer of the possibility to disable the creation of such files, by accessing its Internet configuration menu. It is understood that this will prevent the Customer to proceed to the online purchase.

ARTICLE 16

Integrity

These Conditions of Sale comprise the entirety of the clauses of which they are composed. If one or more of the provisions of these Conditions of Sale is deemed invalid or declared so by law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.

ARTICLE 17

Applicable law and competent court

These Conditions of Sale shall be governed by Italian law;

The contract concluded by the Professional Buyer is governed by the Italian Civil Code, in particular by articles 1341 et seq. and 1470 et seq.

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Professional Buyer declares to have carefully read and specifically approved the clauses from article 1 to article 17.

With regard to the Sale Agreement concluded by Josefin Garage with the Consumer, for all that is not expressly provided for herein, the rules of law applicable to the relationships and the cases provided for in this contract shall apply: art. 1341 et seq. and art. 1469 bis, as well as art. 1470 et seq. of the Civil Code and the Consumer Code (Legislative Decree 206/2005) Part III, Title III, Chapter I, which the consumer shall see applied in full.

The Court of Treviso shall have jurisdiction over any dispute arising from the online sales contract or from these Conditions of Sale between the Josefin Garage and the Professional Buyer.

For any dispute connected to the contract of sale on line or to the present Conditions of Sales that may arise between Josefin Garage and the Consumer, the competent Court shall be exclusively that of the place of residence or domicile of the consumer if located in the territory of the state, mandatory pursuant to art. 66 bis, of the Consumer Code.

 ARTICLE 18 

These Conditions of Sales are available in Italian and English. In case of conflict, the Italian version shall prevail.