Terms and conditions of use

Terms and conditions of sale of F.lli Menabò (https://www.menabocaraccessories.com/)

This document contains the general terms and conditions of use for Consumer Users of the site
web https://www.menabocaraccessories.com/ which offers goods (such as: car accessories of different kinds) and services (including, for example: the e-commerce service for purchasing the above goods and the "Register" form on the site).

1. Definitions

   To enable full understanding and acceptance of this text, the following terms shall have the meanings given below:

   • "Holder": F.lli Menabò (P. IVA 00176860351), in the person of the legal representative p.t., with registered office in Via 8 Marzo, n. 3, Cavriago (RE), Cap. Soc. € 456825,00 i.v., REA No.: RE - 113759.
   • "Site": the website https://www.menabocaraccessories.com/
   • "Products":goods and services sold by the Holder
   • "User":Any person who accesses and uses the Site.
   • "Consumer User": The natural person of legal age who concludes a contract for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity, if any
   • "Contents":any textual or multimedia elements on the Site, by way of example, ads, listings, reviews, images, etc.
   • "Conditions": This contract governing the relationship between the Owner and Users and the sale of the Products offered by the Owner through the Site.
   • "Consumer Code"shall mean Legislative Decree No. 206 of September 6, 2005;
2. Detailed information about the Site offering

   The Site provides users with a wide and diverse range of goods, such as but not limited to: Bike Racks, Trunks and Luggage Racks, Roof Bars, Ski Racks, and other car accessories of various kinds. Along with these products, F.lli Menabò also offers some services, such as the possibility to register in the Site (through dedicated form "Register") and two types of support, one of which is Commercial and one on Products.

3. Scope of the Conditions

   Use of the Site implies acceptance of the Terms by the User. If the User does not intend to accept the Terms and/or any other notes, legal notices, disclosures published or referred to therein, he/she may not use of the Site or its services.
   The Conditions may be changed at any time by the Holder.
   The applicable Conditions are those in effect on the date of transmission of the purchase order or request for supply of a Product.
   Before using the Site, you should read the Terms carefully and save or print them for future reference.
   The Owner reserves the right to vary, at its own discretion, at any time, even after the User's registration, the graphical interface of the Site, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Site, communicating to the User, where necessary, the relevant instructions.
   The Buyer may not invoke or object to any conditions other than those contained in the Conditions in question. Any clause and/or provision affixed by the Buyer in its orders and/or in any case in its correspondence, contrary to and/or in any case supplementary to these General Conditions, shall be deemed as not affixed and in any case invalid and/or ineffective and/or not binding for F.lli Menabò unless expressly accepted in writing by F.lli Menabò.

4. Purchasing through the Site

   All Products offered through the Site are described in detail on the relevant product pages (features, availability, price, etc.). In addition, any images of the Products are representative only and do not constitute a contractual element.
   Purchases of one or more Products through the Site are permitted to both Consumer Users and Professional Users. However, this document is authentic only with respect to Consumer Users, i.e., natural persons of legal age who enter into a contract for purposes unrelated to their entrepreneurial, commercial, craft or professional activity, if any (point 1).
   Individuals are permitted to make purchases only if they are of legal age. For minors, any purchase and/or request for supply of Products through the Site must be screened and authorized by parents or those exercising parental responsibility.
   The offer of Products through the Site constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal to purchase, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall, at its sole discretion, have the right to accept or reject the User's order without the User being able to object or complain about anything in any capacity and/or reason.
   The contract for the sale of the Products shall be deemed concluded with the acceptance by the Holder of the User's contract proposal. The Holder will accept the User's contract proposal by sending the order confirmation to the e-mail address provided by the User, which will contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the procedures for contacting us, return and exchange, and product registration.
   The contract for the sale of the Products shall not be deemed effective between the parties in default of the provisions of the preceding paragraph.
   In the event that the Product is not available, the Holder will notify the User of the new terms of delivery or supply, asking whether or not it intends to confirm the order. It is understood that the contract shall be deemed to be perfected with respect to the Products accepted by the Holder.
   The User agrees to verify the correctness of the data in the order confirmation and to immediately notify the Holder of any errors and will keep a copy of its order, its confirmation and the Conditions.

5. Registration

   In order to take advantage of the Site's features, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the Privacy Policy (menabocaraccessories.com) and Conditions.
   The User is responsible for the safekeeping of his/her access credentials, which are to be used exclusively by the User and may not be given to third parties. The User agrees to keep them secret and to ensure that no third party has access to them and to inform the Owner immediately if he suspects or becomes aware of any misuse or improper disclosure of them.
   The User warrants that the personal information provided during the registration process is complete and true and agrees to hold the Owner harmless and indemnified from any damages, compensatory obligations and/or penalties arising from and/or in any way related to the User's violation of the rules on registration to the Site or retention of registration credentials.

6. Account cancellation and terminationRegistered Users may discontinue use of the Site at any time and deactivate their account or request its deletion through the Site interface, if possible, or by sending written notice to the email address customercare@flli-menabo.it.
   In the event of User's violation of the Terms or applicable legal provisions, the Owner reserves the right to suspend or terminate User's account at any time and without notice.
7. Prices and payments

   For each Product the price is indicated, within which VAT is already calculated. If the nature of the Product means that it is impossible to calculate it in advance, the manner of calculating the price is indicated.
   In addition, there will be an indication of any taxes, additional charges that may vary depending on the method of payment used. Where such items of expense cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.
   The Holder reserves the right to change, at any time, the price of the Products and all additional costs, if any. It is understood that any price changes will in no case affect contracts already concluded prior to the change.
   The User agrees to pay the price of the Product at the time and in the manner indicated on the Site and to communicate all necessary data that may be required.
   The Site uses third-party tools for payment processing and in no way comes into contact with the payment information provided (credit card numbers, passwords, etc.).
   Should such third party instruments deny authorization for payment, the Holder may not supply the Products and may not be held liable in any way.

8. Billing

   The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User, which he/she declares and guarantees to be true, will be used as the basis for the invoice, releasing to the Owner every ample indemnity in this regard.

9. Mode of Provision of Products and Services

   The Owner will provide the Products and Services in the manner and on the terms set forth on the Site.
   In the event that it is not possible to provide the requested Products and Services within that time period, prompt notice will be given to the User by e-mail, including an indication of when it is expected to be able to provide them or the reasons why provision is impossible.
   If the User does not wish to accept the new term or the supply has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date the Holder became aware of the request for refund.

10. Users' right of withdrawal from the purchase of Products

    The User has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of conclusion of the contract by sending a written notice to the e-mail address customercare@flli-menabo.it. or by using the optional withdrawal form in the following article or any other written statement.

    In the case of a properly exercised withdrawal by the customer (shipping the product in its original packaging at its own expense), the Holder will inspect the product:
    • if the product supplied to him has not been used and is undamaged, the company will refund to the User the payments received (with the exception of transportation costs), in the same mode of payment used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User has given notice to withdraw from the contract;
    • if the product supplied to him has been used or shows signs of wear and tear or damage, the User acknowledges and agrees to forfeit the right of withdrawal and full refund of the amount paid.
11. Cases of exclusion of the User's right of withdrawal
    The right of withdrawal from the contract of sale or supply of Products by the User is excluded relatively:
    • to the provision of Products whose price is linked to fluctuations in the financial market that the Holder cannot control and that may occur during the withdrawal period
    • to the supply of custom-made or clearly customized Products
    • To the supply of Products that are liable to deteriorate or expire rapidly. This category includes all Food Products (including beverages) whose characteristics are also subject to alteration as a result of inappropriate storage
    • to the supply of sealed Products that are not suitable for return for hygienic or health protection related reasons and have been opened after delivery
    • to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
      For further clarification, please contact the Holder at the e-mail address customercare@flli-menabo.it.
12. Optional form to exercise the right of withdrawal

    The User may withdraw using the following form, which must be completed in its entirety and sent to the e-mail address customercare@flli-menabo.it before the withdrawal period expires:
    I hereby give notice of withdrawal from the contract of sale or supply relating to the following product: ____________________
    Order number: __________
    Ordered on: _______
    First and Last Name: ____________________
    Address: ____________________
    E-mail associated with the account from which the order was placed:____________________
    Date: __________

13. Conformity Warranty of Products for Consumer Users

    Consumer Users are granted the guarantee of conformity, provided for in Articles 135-decies et seq. of the Consumer Code, for all digital Products sold through the Site, except for the cases of exclusion provided for in Article 135-novies of the Consumer Code.
    The Owner is responsible for conformity defects that occur within three years from the date of delivery. Any defects in conformity, must be reported by the consumer User within two months from the date such defect is discovered. When the contract of sale provides for the Products to be supplied for a specific period of time, the obligation to ensure conformity remains for the entire duration of that period.
    If the User Consumer wishes to take advantage of the remedies provided by the conformity warranty, he/she shall send a written communication to the e-mail address customercare@flli-menabo.it. The Owner will promptly acknowledge the communication of the alleged lack of conformity and will indicate to the User Consumer the specific procedure to be followed. For anything not provided for in this clause, the articles from art. 135-octies to art. 135-vicies bis of the Consumer Code and the articles of the Civil Code on the formation, validity and effectiveness of contracts, including the consequences of the termination of the contract and the right to compensation for damages shall apply.

14. Industrial and Intellectual Property Rights

    All content on the Site, including text, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark protection legislation. The Site may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Owner to publish them on the Site. Except for strictly personal uses, you may not copy, alter, distribute, publish or use the Content without specific permission from the Owner.

15. Exclusion of warranty

    The Site is provided on an "as is" and "as available" basis, and the Owner makes no express or implied warranties in connection with the Site, nor does the Owner make any warranty that the Site will meet the needs of Users or that it will ever be uninterrupted or error-free or free of viruses or bugs.
    The Owner will endeavor to ensure that the Site is available continuously 24 hours a day, but shall in no way be held liable if, for any reason, the Site is not accessible and/or operational at any time or for any period. Access to the Site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons wholly beyond the Owner's control or for events of force majeure.

16. Limitation of Liability

    The Owner shall not be liable to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions related to the use of the goods and services provided by the Owner, but beyond the control of the Owner or its suppliers.
    The Holder shall also not be liable for any damages, losses and costs incurred by the User as a result of the non-performance of the contract due to causes not attributable to him, the User being entitled only to the eventual full refund of the price paid and any ancillary charges incurred.
    The Holder assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card numbers, passwords, etc.)

    The Holder will not be responsible for:
    • Any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User that is not a direct result of the breach of contract by the Owner
    • Incorrect or inappropriate use of the Site and by Users or third parties
    • The issuance of erroneous documents or tax data due to errors related to the data provided by the User, the User being solely responsible for correct entry
17. Force majeure

    The Holder shall not be held liable for failure or delay in the performance of its obligations, for circumstances beyond the reasonable control of the Holder due to force majeure events or, otherwise, unforeseen and unforeseeable events and, in any case, beyond its control.
    The Holder's performance of obligations will be considered suspended for the period during which force majeure events occur.
    The Holder will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.

18. Linking to third-party sites

    The Site may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these sites/applications.
    Some of these links may refer to third party sites/applications that provide services through the Site. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by the third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.

19. Privacy

    The protection and processing of personal data will be done in accordance with the Privacy Policy which can be found on the Privacy page (menabocaraccessories.com).

20. Applicable law and jurisdiction

    The Conditions are subject to Italian law.
    For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring an action before a judge other than the "consumer forum" pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedural Code.
    It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of such right, the methods and formalities for the communication thereof and the legal guarantee of conformity.

21. Online Dispute Resolution for Consumer Users

    The User Consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. Such a tool can be used by the User Consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and provision of services entered into online. Accordingly, the User Consumer may use such platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address https://ec.europa.eu/consumers/odr/

    Last modified date: 31/01/2023