GENERAL SALES CONDITIONS
1. APPLICATION OF GENERAL SALES CONDITIONS
1.1 Any purchase order of products made on the website www.selmispareparts.it and www.selmispareparts.com is made with SELMI S.r.l. with registered office in Via Langhe 25, Frazione Pollenzo, Bra (CN), VAT number 02668130046 (hereinafter only SELMI) and is governed by these general sales conditions, without prejudice to SELMI's right to apply specific conditions, which will be expressly stated case by case.
1.2 SELMI reserves the right to modify these general sales conditions at any time by publishing a new version. Therefore, customers are invited to periodically visit this page to view the updated version of the sales conditions.
1.3 Before making any purchase, the user agrees to read these general sales conditions and fully accept their content. Placing an order implies the acceptance of these general sales conditions.
2. SUBJECT OF THE CONTRACT2.1 The website offers products for sale in the ACCESSORIES and SPARE PARTS sections, which are listed on their pages, in the online catalogs, and whose characteristics are explained in each product sheet.
3. ORDERS, PURCHASING METHODS, AND CONTRACT CONCLUSION
3.1 Orders are placed through this website using two different methods.
3.2 For orders placed in the ACCESSORIES section, the purchase is free and there is no need to register on the website. The user must enter the required information in the appropriate fields, provide a valid shipping address, and choose a payment method from those available on the website. The user will receive an email confirmation of the order placed.
3.3 For orders placed for products purchased in the SPARE PARTS section, it is necessary to register on the website with a user ID and a temporary password, which will be provided by SELMI, which will carry out the necessary checks to authorize or not, at its sole discretion, the applicant to obtain access credentials. If SELMI authorizes the applicant to access the website, the user must enter a valid email and the system will send a user ID and a temporary password with which they can access the website and make the purchase.
The temporary password will be valid for 12 hours for purchases made by end customers and 30 days for retailers. In case the password expires without the purchase being completed, it will be possible to request a new password. The user acknowledges that such identification data constitute the validation system for access to the services provided by SELMI on its e-commerce website. They are the only suitable system to identify that the acts carried out through such access will be attributed to the user and will be binding on them.
3.4 The user agrees to keep their login details confidential and to keep them safe and secure and not to temporarily or permanently transfer them to third parties.
3.5 SELMI reserves the discretionary right to authorize or refuse anyone who requests to make a purchase, and the proposition of products on the site does not constitute any obligation to contract on the part of SELMI. Additionally, SELMI reserves the right to refuse an order, cancel it, or set purchase limits based on the availability at its warehouses.
3.6 There is no minimum order for purchases. Regarding shipping costs, which are based on the purchased products, and delivery times, please refer to the relevant section.
3.7 SELMI offers its products for sale as per the catalog illustrated on this site, within the limits of stock available at the time of purchase order at its warehouses.
3.8 The sales contract between the user and SELMI is considered concluded and binding only when the guided purchase procedure is completed. It is considered completed when the user, after selecting the payment method, proceeds with the payment of the amount and clicks on the order confirmation button, receiving an automatic confirmation of the order's receipt.
3.9 If the user provides incorrect or incomplete data or if the payment is not properly received by SELMI according to the accepted payment methods on the site, SELMI may suspend delivery until the user provides valid data for registration or payment. This cannot give rise to any economic claim of any kind for the delay in delivery, which cannot be attributed to SELMI in any way.
4. PRICE AND INVOICING
4.1 The prices invoiced for the ordered products are those in force on the day of the issuance of the purchase order, excluding taxes and shipping costs. Shipping costs and applicable taxes are indicated separately within the invoice.
4.2 All products may undergo price variations without prior notice by SELMI.
4.3 SELMI cannot guarantee that there are no exceptional errors in the indication of the prices of the products on its website, despite the numerous checks carried out daily. In this case, SELMI may contact the customer to report the price error and agree on a solution directly with the customer.
4.4 If the actual price of a product were different from the published price, SELMI undertakes to contact the customer communicating the actual price, to obtain confirmation of the order in progress at the revised price, with a request for payment integration for the difference, or may cancel the order and notify the customer. SELMI will not be obliged to provide its products at the erroneously indicated price.
4.5 Only authorized SELMI resellers or authorized SELMI customers with a VAT number may purchase on the site.
5.1 For all purchases made on this site, both in the ACCESSORIES and SPARE PARTS sections, the amount must be paid at the time of the order using the payment systems offered on the site. The third-party system that manages financial transactions on the site is the only one to handle and store payment information.
5.2 Any payment by credit card is due and payable immediately. Credit card data will be encrypted during the transaction for security reasons, and a double authentication system will be required, via OTP sent to the mobile phone or email. Credit card data submitted during the ordering process are protected and sent directly to the banking company that handles payments. The site uses third-party tools for payment processing and does not come into contact with payment data provided. If these third-party tools deny authorization for payment, SELMI will not provide the products and will not be responsible for delays or non-deliveries.
5.3 In case the user decides to select bank transfer payment via Mybank, they must verify if their bank is on the appropriate list of banks that have joined the Mybank service in Europe and select their affiliated bank. At this point, the user will be automatically redirected to the online banking service of their own bank. This form of payment requires that the user be directed to a third-party system directly managed by the selected bank, so SELMI will not be able to record any payment-related data. If the bank is not present among the banks affiliated with the Mybank service, the user must proceed with payment through other methods offered on the site. Payment can also be made through a Pay-by-link or PayPal system. In all these cases, the order will be processed only upon receipt of payment credit on the SELMI bank account.
6. DELIVERY MODES AND TIMES, AND PRODUCT AVAILABILITY
6.1 Orders will be processed as quickly as possible based on the availability of the products in the warehouses. The shipping times indicated should be considered indicative and subject to change. It will be possible to use shipment tracking systems. The availability of products should be considered indicative, as multiple users on the site may result in products being sold to other users before the order is confirmed. Even after confirmation of the automatic order receipt, generated at the end of the guided purchasing procedure, there may be cases of partial or total unavailability of products. In this event, the user will be immediately informed via email to the address provided at the time of registration, in order to agree to either:
〈 postpone the delivery of the entire order until the temporarily missing product is available, without SELMI being obliged to provide a refund for the missing item(s) at the time of the order;
〈 ship the order without the missing item(s) and with a corresponding reduction in price equal to the value of the missing item(s), to be made within one week of the user's acceptance to proceed with the shipment;
〈 separate deliveries, by fulfilling the partially available first order with a first delivery and subsequently making a second delivery for the missing items. Additional shipping costs may apply for the second delivery.
6.2 Deliveries carried out by SELMI will be made through DHL courier or another courier designated by SELMI. On the day of the shipment pick-up by the courier, a notification of the shipment will be sent to the email used for the purchase, and a link for shipment tracking will be provided. These communications will be automatically generated by the courier that has taken charge of the delivery. The courier will deliver the goods to the address indicated at the time of the order, ground floor.
6.3 It will also be possible for the user to pick up the products from our warehouses. In this case, the user will need to agree with SELMI on a date for pick-up.
6.4 Regarding delivery times, the terms indicated start from the moment of payment for products ready for delivery. For products that require assembly or special processing, delivery times start from the moment the product has been assembled and is ready to be delivered. The user will be informed accordingly by email.
6.5 In case the express courier delivery option is chosen and all the goods are available in our warehouses, it will take one working day to prepare the goods, and they will be delivered within 24/48 hours of the preparation of the goods. If the goods are not available in our warehouses, or require special processing in the workshop, the preparation time for the goods may vary and the delivery of the goods may be delayed accordingly.
In case the standard courier delivery option is chosen and all the goods are available in our warehouses, it will take one working day to prepare the goods, and they will be delivered within the next 5-6 working days after the preparation of the goods. If the goods are not available in our warehouses, or require special processing in the workshop, the preparation time for the goods may vary and the delivery of the goods may be delayed accordingly.
Standard shipping, via not express courier, will be processed in about one working week and will only be available for the following countries: Austria (AT), Belgium (BE), France (FR), Germany (DE), Netherlands (NL), Principality of Monaco (MC), Spain (ES), Croatia (HR), Denmark (DK), Greece (GR), Ireland (IE), Poland (PL), Portugal (PT), Czech Republic (CZ), Slovakia (SK), Slovenia (SI), Sweden (SE), Hungary (HU), Bulgaria (BG), Estonia (EE), Latvia (LV), Lithuania (LT), Romania (RO), Andorra (AD), Liechtenstein (LI), Norway (NO), Switzerland (CH), United Kingdom (GB). Over time, the list of available countries may vary depending on the courier's service. It is the user's responsibility to periodically check the list of countries where standard shipping is available.
6.6 The risks of loss and damage to the goods are transferred to the carrier at the time of delivery of the goods for shipping, and to the customer at the time of collection of the goods by the courier or his representative, in the event that the customer himself has commissioned his own courier or representative to collect the goods from SELMI warehouses. The recipient of the goods is required to immediately verify the correspondence of the delivered goods with the order and the absence of damage to the goods, and promptly communicate any complaints to SELMI according to the terms and methods indicated in the following points.
6.7 The delivery times of the couriers are to be considered merely indicative. SELMI cannot be held responsible for any delays attributable to the courier.
6.8 It is the responsibility of the buyer to provide a valid delivery address and promptly communicate any errors or omissions. SELMI reserves the right to charge any extra costs due to changes made to the delivery address not duly communicated.
6.9 If the buyer cannot (due to repeated absence) or does not want to receive the delivery, all risks of loss or damage to the goods will be at his sole expense.
6.10 In case of warehousing of the products, SELMI may make the delivery by any means deemed suitable and charge the customer for storage and warehousing costs.
6.11 Except for the non-derogable rights recognized by law, the customer will not have the right to refuse delivery of the products or to request a refund of his order, except as provided below.
7. GOODS VERIFICATION AND RETURNS
7.1 It is the responsibility of the customer to verify, at the time of delivery, the correct quantity and condition of the products, and in case of defects and/or missing items, to accept the goods with a reservation of control of the contents by appropriately indicating the reservation on the accompanying documents of the goods, providing notice to SELMI within 8 (eight) days from the date of receipt of the products, and retaining the invoice and the waybill of the courier in order to obtain a possible exchange, order completion or refund, according to the following conditions.
7.2 After following all the indications of the preceding point, SELMI reserves the right to verify the actual defect of the product and, if the defect of the product is actually found by SELMI, in agreement with the customer, to provide replacement products of equal commercial value, or to issue a refund of the products. In order to verify the defect of the product, SELMI may request the return of the product which the customer claims are defective and/or a photographic/video report.
7.3 The carrier remains responsible in any case for damage, loss or partial loss of the products during transport from the moment the carrier receives the goods until delivery to the customer only if the transport is handled by SELMI, in the case where the goods are collected by the customer at our warehouses, or in the case where the transport is arranged by the customer through the sending of their trusted courier to our warehouses, SELMI will not be responsible in any way for damages that occurred during transport.
8. RIGHTS OF THIRD PARTIES AND PRODUCT REPRESENTATION
8.1 SELMI shall not be liable for any possible infringement of intellectual property rights, copyright, trademarks, or other third-party rights caused by customers.
8.2 All descriptions of products, illustrations, images, and descriptive captions relating to products marketed on this site are to be considered as general illustrations and do not represent a guarantee or a statement of conformity of the products to them.
9.1 Products purchased in the ACCESSORIES section are not covered by a warranty.
9.2 The legal warranty applies only to machines and products that are purchased with the temporary user ID and password procedure in the SPARE PARTS section, for products for which the warranty applies. In this case, the goods are guaranteed for one year from the date of delivery, if they are used correctly according to the instructions for use and assembly provided by SELMI and/or delivered together with the product. If the instructions for use and assembly are not provided, it is the user's responsibility to request them, as, in their absence, SELMI will not be held responsible for defects resulting from non-compliant assembly or use. The assembly of spare parts must be carried out only by specialized technicians, following the instructions of SELMI's official manual. The warranty does not apply in case of interventions carried out on the products directly by the customer or by unskilled personnel and without following the procedures indicated by SELMI. The warranty does not apply in case of defects resulting from the normal wear and tear resulting from the use of the product.
9.3 For the warranty to be valid, defects must be reported within eight days from their discovery. Defects of the product that make it unsuitable for use, or when the value of the product has significantly decreased, are considered defects for warranty purposes. It is the buyer's responsibility, in any case, to verify the merchandise at the time of delivery. Normal wear and tear are not considered defects.
9.4 Once the defects are discovered, the buyer must report them to SELMI by sending a detailed report via certified email or registered letter/mail describing the defect and sending accompanying photographs.
9.5 In case the defect is confirmed, the customer may request the resolution of the contract, with return of the goods at their own expense, or the replacement of the article or agree with SELMI on a proportional reduction of the price of the defective article based on the severity of the defect agreed upon by both parties. The rules of the civil code regarding defects in the sale apply.
10. TREATMENT OF PERSONAL DATA
10.1 The data provided will be processed in compliance with the European Regulation on the Processing of Personal Data (EU) 2016/679 and the Privacy Code (Legislative Decree 196/2003 as amended by Legislative Decree 101/2018).
10.2 The data controller is SELMI SRL S.r.l. with registered office in Via Langhe 25, Frazione Pollenzo, Bra (CN), VAT number: 02668130046.
11. APPLICABLE LAW AND JURISDICTION
11.1 These general contract conditions are governed by Italian law. For anything not specifically indicated here, reference is made to the applicable Italian civil code regulations.
11.2 In case of disputes, the exclusive and non-derogable jurisdiction lies with the Court of Asti - Italy, with express exclusion of any other competing forum.