GENERAL CONDITIONS

11. Introduction and effectiveness of the General Conditions

These general conditions of sale (afterwards, “General conditions”) have as their object the regulation of the purchase of products and services, remotely carried out and made available, via the internet, from the site www.dirt4x4.it (in the sequel, the "Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (afterwards, “Consumer Code”).

The seller of the products and owner of the Site is: NEW SERVICE with registered office in via Stefabi Cucchi, 7 – 89021 Cinquefrondi (RC), C.F/ P.I. 03136890807 and registration in the Reggio Calabria Business Register, REA: RC –213014 - E-mail address: newservice1@outlook.it

The consumer who accesses the Site to make purchases (hereinafter "Client”) It is held, before sending the order, to carefully read these General Conditions that have been made available to you on the Site and which will be available for consultation by the Customer at any time, including through the link contained in the confirmation email for each order, to allow it to be reproduced and stored.

If the Customer purchases on the Site, the Customer undertakes to read these conditions.

In the event that the person making purchases on the Site requests an invoice and / or is not a "consumer or user" as defined in art. 3, comma 1, became. a), of the Consumer Code, the withdrawal regulations referred to in art. 7 e 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers".

Contracts concluded with New Service through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.

2. Choose and order the Products

The characteristics and the price of the various products for sale on the Site (hereinafter "Product" O "Services”) are shown on the page relating to each Product.

To purchase the Products, the Customer must complete and submit the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the "Cart" e, after having read the General Conditions and the Privacy Policy and confirmed their acceptance, will have to enter the shipping and any billing information, select the desired payment method and confirm the order.

By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept these General and payment conditions transcribed.

The contract stipulated between New Service and the Customer must be considered concluded with the acceptance of the order by New Service. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing information, the list of products ordered with their essential characteristics and the overall price, including delivery costs. The Customer will check the confirmation email and if he identifies errors in the order he will have 12 hours of time from receipt of this email to contact Customer Service directly from the Site using the appropriate contact form accessible via the email service. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Customer's rights referred to in the following article 7.

Once the order has been received, New Service will check the availability of stocks for the fulfillment of the order itself. In the event that one or more Products are not available, Customer Service will promptly notify the Customer via email, in such a way that the same can respond to confirm the shipment of any additional products available. In case of no reply within this period (see previous paragraph), the order will be considered confirmed and the available Products will be shipped. If only a few products are not in stock, New Service will process the order with the available Products. In both cases, the amount relating to the missing Products will be canceled immediately depending on the payment method chosen.

3. Product Information

The information and characteristics relating to the Products are available, with the related Product codes, on the site.

The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality, but it may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.

4. Prices and shipping

Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.

  • Shipping to Italy:

Throughout Italy, shipping is free for orders over 1000,00 euro for products not on offer, for lower amounts and products on offer, the site will automatically calculate the cost of the service.

New Service reserves the right to request an integration to the transport costs if the volume of the same is higher than the standard, that is to say 250 kg / per mc.

5. Methods of payment and billing

5.1 Payment methods

The Customer may pay the price of the Products and the related delivery costs by credit / debit card, wire transfer, prepaid cards and Masterpass.

  • Credit card

The circuits on which it is possible to purchase within the Site are:
Visa/Visa Electron

Mastercard

Maestro

American Express

Diners Club International

To ensure maximum safety, the Customer will carry out the payment transaction directly on the bank's secure server.

The Site does not store the Customer's credit card number, but thanks to the secure communication system of the reference bank, from the second expense, the customer who so desires - by selecting the appropriate option - can proceed with the purchase without re-entering his data. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Client's browser.

  • Wire transfer

The customer must make the transfer within 3 days from the date of the order for orders relating to products; it is not expected, instead, payment by bank transfer. In case the payment does not occur within 3 days the order will be canceled and the goods made available again for purchase by other customers. The Customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the cause of the non-credit is due to the Customer's will not to confirm the purchase or to other causes.

Data for the transfer:
WERE GOING: BE64967176771752
BIC/SWIFT: TRWIBEB1XXX
Bank: TransferWise Europa

Causal: the Customer must indicate the date and order number in the reason for the transfer, available in the confirmation email (it is. "Order 01/01/14 n. 100012345”).

5.2 Order billing

If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing information including tax code and / or VAT number, SDI code. In this case, the invoice will be sent to the customer's online portal. The professional is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice when ordering, it will not be possible to request it later.

6. Transport and delivery

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field.

All purchases will be delivered by express courier (right away, “Courier service”) from Monday to Friday, excluding holidays and national holidays. New Service is not responsible for unforeseeable delays or those not attributable to it.

Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.

In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 15(fifteen) working days from the day following that on which Dirt4x4.it confirmed the order to the Customer via a specific order confirmation email.

  • Active delivery services in Italy:

Express courier, Which (BRT, SDA, GLS, DHL, TNT, UPS…) and other.

The service provides 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step. On the second delivery attempt failed, the Courier will contact the recipient of the order by telephone at the telephone number indicated, to arrange delivery. If it is not traceable or is absent, the goods will return to the warehouse.

7. Right of withdrawal

The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, without prejudice to the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send a communication to New Service within 14 days from the date of receipt of the Products using the form provided by the consumer code, if he intends to withdraw before receiving the Products, the notice of withdrawal may be sent at any time prior to their receipt.

This communication must be sent by registered letter with return receipt, addressed to:

c.a. Returns and Refunds Office
NEW SERVICE
Via Stefano Cucchi, 7 – 89021 Cinquefrondi RC

The New Service Customer Service will provide, once the communication has been received, to open a practice for the management of the return and to communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated by New Service itself.

The right of withdrawal is governed by the following conditions:

I. The law applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.

II. In case of exercise of the right of withdrawal New Service will refund the customer the full amount of the returned goods, excluding shipping costs, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right to suspend the payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless he has expressly requested a different method. In case of bank transfer or cash on delivery it will be the Customer's responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).

III. Also in order to guarantee the free return pursuant to the following article 8, the Products must be returned in the same box in which they were received.

IV. In addition to the cases indicated in the Introduction (non-consumer customer and / or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 d.lgs 21/2014:

- order of products made to measure or clearly personalized;

- order of Products that are likely to deteriorate or expire rapidly;

- order of sealed Products that cannot be returned for hygienic reasons or related to health protection or that have been opened after delivery.

In cases of exclusion of the right of withdrawal, New Service will return the purchased Products to the Customer, charging the shipping costs to the same.

8. Return in case of exercise of the right of withdrawal

New Service keeps the shipping costs for returning the Products in full to the customer in case of exercise of the right of withdrawal..

9. Warranty and lack of conformity

In the event of lack of conformity of Products sold by New Service, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site via the send mail service.

The legal guarantees provided for in the articles apply to the sale of the Products 129, 130 e 132 of the Consumer Code. The customer is entitled, at his choice and on condition that the type of product allows it, to restore, without fee, of the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract.

New Service will intervene as soon as possible by arranging a free collection in order to carry out an in-depth check and propose the most suitable solution.

The Customer loses these rights if he does not report a lack of conformity to New Service within the deadline of 14 days from the date on which the defect was discovered.

10. Errors and limitations of liability

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which New Service cannot therefore be held responsible, except in case of willful misconduct or gross negligence.

New Services reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code.

Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or things, caused by non-acceptance or evasion, even partial, of an order.

11. Complaints

Any complaint must be forwarded to New Service using the email address available on the Dirt4x4.it website

12. Online resolution of consumer disputes (ADR and ODR)

ADR

According to the article 49 comma 1 letter V of the D.. Lgs 6 September 2005 n. 206 (Consumer Code) the customer can make use of the Joint Conciliation procedure. The Procedure can be initiated if the consumer after having lodged a complaint with the company, within 45 days, has not received an answer or has received an answer that is not considered satisfactory by him.

ODR

Pursuant to art. 14 of the Regulation 524/2013 the user is informed that in the event of a dispute, he or she may file a complaint via the ODR platform of the European Union which can be reached at the following http link://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to resolve disputes arising from online sales or service contracts out of court..

13. Applicable law and competent court

The sales contract between the customer and New Service is concluded in Italy and governed by Italian law. For the solution of disputes relating to interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his municipality of residence or domicile will have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Forum of Palmi, any other competent court excluded.