General conditions of sale for online purchases on the site autodemolizionepollini.it

Seller: Pollini Lorenzo E Figli SRL

Registered Office: Via Gavardina N. 30 – 25081 Bedizzole (Bs)

VAT Number: 00696460989

Registration to the Brescia Reg. of Companies No.: 02852030176

Contents

• Content of the on-line offer and characteristics of the end Customer
• Customer Requirements
• Pricing
• Payment Methods
• Order
• Order Status
• Order changes
• Shipping and delivery
• Parts Warranty
• Cooling-off period
• Privacy
• Jurisdiction

These general conditions of sale are governed by the Consumer Code (Legislative Decree no. 206/2005), section II 'Distance contracts', whether the buyer holds the status of private individual/consumer, and by the rules of the Civil Code for VAT number subjects, as well as by the rules on electronic commerce (Legislative Decree no. 70/2003).

Content of the on-line offer and characteristics of the end Customer

All Customers who place and/or confirm an order for parts from the site venditaonline.autodemolizionepollini.it establish a commercial relationship with the company Pollini Lorenzo e Figli Srl and therefore undertake to accept the delivery of the material ordered online or, in any case, with the electronic order confirmation systems, accepting the conditions of sale.

Customer Requirements

To place orders on the venditaonline.autodemolizionepollini.it site, Customers must:

• Be businesses, companies or else end consumers as defined by the commercial rules of the website www.autodemolizionepollini.it;
• Be not less than 18 years of age;
• Be eligible to enter into legally binding contracts;
• Possess an email address;
• Possess a valid credit card or a bank account enabled for bank transfers in order to make the payment.

Pricing

The buyer considers the sale price of this used part to be reasonable, considering it significantly lower than the market price achievable for a similar part new.

The prices indicated on the site are inclusive of VAT, net of delivery costs which will be highlighted separately at the point of ordering.

The price indicated on the site, or in any case communicated by the seller on receipt of the Customer's order, will apply to the products.

Payment Methods

Payment may be made online by credit card in the customer's name, otherwise by bank transfer and in the manner indicated on the website.

Payment methods accepted: PAYPAL, MASTERCARD, VISA, MAESTRO, POSTEPAY, BANK TRANSFER, CASH ON DELIVERY

The Customer is charged the amount due for their purchased products on receipt of the order confirmation.

Order

The buyer declares to have viewed, by means of a photograph, the part forming the scope of this supply and to have found it suitable, due to its technical features, for the use in which they intend it to be used and that it corresponds and/or compatible with what is requested.

The contract will be concluded upon receipt of the order by Pollini Lorenzo e Figli Srl. Once the availability of the ordered product has been verified, Pollini Lorenzo e Figli Srl will send the customer the corresponding order confirmation.

Occasional unavailability of the products offered may occur; in this case, Pollini Lorenzo e Figli srl will communicate these circumstances to the Customer, indicating any alternatives or in any case will provide a product with the same features as the one chosen by the customer.

Order Status

The status of the order will be visible by logging into your account on the website venditaonline.autodemolizionepollini.it

Order changes

We would like to remind our customers that once confirmed, orders for items already available may not be changed.

Orders placed separately will be shipped separately as well.

Shipping and Delivery

The shipment of the goods will be made by courier, at the Customer's expense, to the address indicated on the online order.

No responsibility can be attributed to Pollini Lorenzo e Figli Srl in the event of delay or other issues in delivery.

The carrier will make two attempts to deliver the products to the address indicated by the Customer. In the event that the attempts are unsuccessful and the Customer fails to take action to retrieve the shipment from the courier, the goods will be returned to Pollini Lorenzo e Figli Srl, at the Customer's expense. These amounts will be deducted from any refund due to the Customer by Pollini Lorenzo e Figli Srl

Upon arrival of the goods, customers are requested to carefully inspect the package before signing the proof of delivery of the shipment. Pollini Lorenzo e Figli Srl packages are carefully packed in a tape-sealed cardboard package. If, for any reason, the packaging appears to have been tampered with or if the adhesive tape is not intact, customers are asked to sign the receipt subject to approval, or to refuse delivery, stating reasons. Once the delivery document has been signed, the Customer will not be able to make any objection about the external characteristics of the products delivered.

The customer undertakes to verify the correctness of their data, including delivery information, and to immediately notify Pollini Lorenzo e Figli Srl of any corrections or changes. Any increase in costs caused by such data errors not promptly reported will be charged to the Customer. If for any reason the shipment cannot be successfully delivered to the address provided by the Customer in the commercial contract, the package will be returned to the sender at the Customer's expense. These amounts will be deducted from any refund due to the Customer by Pollini Lorenzo e Figli Srl

Parts Warranty

Pollini Lorenzo e Figli Srl will be liable to the buyer only for actual flaws and/or apparent defects to the products themselves, provided that they exist at the time of delivery of the goods. Considering, in fact, that this sale concerns used products, and that the lived conditions of the object have determined the price applied to be particularly favourable compared to a comparable item new, the warranty will cover only the actual presence, ab origine, of flaws and defects that make the piece unusable but will not cover any problems that have subsequently occurred and derive from normal use (considering the normal age) of the product itself and its components or accessories. Nor will it cover any damage due to manipulation of the part, including caused by improper assembly and disassembly.

In any case, since it used goods, the duration of the guarantee is mutually reduced, with reference to all the parts bought and sold, to the maximum term of twelve months from the purchase, also pursuant to art. 134, second paragraph, Legislative Decree no. 206/2005.

In case of faults and/or defects, the customer must send their written complaint no later than the legal deadlines, as provided for by articles 1495 et seq of the Civil Code and, only if the buyer has the legal status of 'consumer', in the different terms established by Legislative Decree 6 September 2005, no. 206, the so-called Consumer Protection Code. The terms are understood to be effective from the date of receipt of item.

For the purposes of promptly reporting the flaw and/or defect, the delivery date is to be taken as equivalent to the date of discovery, since, given the nature of the item supplied, it is the customer's responsibility and due diligence to verify its functionality from the moment when the item is delivered.

In any event, there will be no liability for the company Pollini Lorenzo e Figli Srl for malfunction attributable to incorrect assembly and/or disassembly of the item by the customer or by third parties appointed by the same, including due to the use of outdated and/or unsuitable mechanical components onto which it will be mounted or with which the item sold will interact. Nor will the seller be liable in the event of failure by the buyer to replace/add fluids and/or lubricants and/or any other product necessary for maintenance and operation, as the part is supplied free of fluids and lubricants and maintenance and correct assembly remain the sole responsibility of the buyer. Furthermore, there will be no liability of the seller in case of unsuitable use of the part made by the buyer or in any case in which the malfunction is not directly attributable to the selling company. The statutory warranty will lapse if any intervention appropriate for modification its condition, in any way, and also in case of failure to replace accessory components of the original part is carried out on the goods by the buyer or their appointees (merely by way of example, and in no way exhaustive: the engine belt). In all these cases, the buyer declares to have waived any claim, including in terms of refunds, replacements, as well as compensation and indemnity.

It is specified that, in the case of the sale of an engine, the warranty provided will only cover the following components: the valves, the crankshaft, the pistons and the engine block and complete cylinder head.

It is specified that, in the event of the sale of a control unit, the customer declares to have been informed, in a timely manner, by the selling company Pollini Lorenzo E Figli Srl that the item in question is encoded and blocked and that the customer, made aware of these circumstances, intends in any case to purchase the item under their sole responsibility, accepting the aforementioned conditions and renouncing, henceforth, any claim and/or guarantee against Pollini Lorenzo E Figli Srl

Furthermore, in order to make the legal warranty operational, which will be activated only after Pollini Lorenzo e Figli Srl has checked the part and the circumstances of the case and whether the legal conditions are met, the part must be returned intact and reassembled with all its parts as originally supplied (e.g. if an engine is returned completely disassembled or partially disassembled, replacement will not be carried out or the reassembly costs will be charged to the customer).

Therefore, having verified the customer's dispute, its validity and the legal requirements, the warranty provided will consist exclusively of the free replacement of the relevant part with an equivalent one and, should this not be possible, of the return of the amount received for the sale of the part.

Under no circumstances will the part packaging, assembly and disassembly, as well as car stoppage, costs be reimbursed, all of which remain the sole responsibility of the purchaser.

Cooling-off period (right recognized only in the case of a consumer pursuant to Legislative Decree no. 206/2005)

If for any reason the Customer is not satisfied with their purchase, the intact and unused items can be requested in return, within 14 days of delivery of the shipment.

In such cases, the Customer must promptly access the order, download, print and attach the component document to the package and return it to the seller within 14 days from the date of the conclusion of the contract. The Customer must also indicate the desired resolution: exchange with another comparable part, or the request for a simple refund of the price paid for the goods ordered and which are intended to be returned. Once the return request has been received, Pollini Lorenzo e Figli Srl will send the Customer a confirmation.

The Customer must arrange for the return of the goods within the subsequent 10 days, at their own expense.

If, for any reason, the seller does it instead, it is understood that the costs will remain the responsibility of the customer and will be charged to the same, and that the seller will arrange for collection by Bartolini courier or any other courier of their choice. The cost of the return shipment of the spare part is indicatively, except for different rates applied by the courier, Euro 40.00 for an engine/gearbox, if Bartolini waybills are used; this amount will be deducted from the final refund due to the Customer or in any case charged to the same, together with the new shipping costs, in the event of replacement with another item. In the event of item return, the amount recredited will be visible on the Customer's credit card and/or current account, or Paypal system, statement after a minimum of 30 days from the refund date. Timescales may vary according to the banking circuit used.

If the Customer wishes to return the part personally, or via a different courier, the goods must be sent to the Pollini Lorenzo e Figli Srl headquarters – Via Gavardina 30 – 25081 Bedizzole (BS). In all the aforementioned cases, the shipping and return costs will remain the sole responsibility of the Customer.

The cooling-off period is subject to the following conditions:

• The part may be returned only if unused, and neither disassembled, damaged or tampered with.
• Spare parts must be returned within ten days from confirmation.
• The shipment will be at the total risk and responsibility of the Customer and in case of loss or deterioration, even for reasons attributable to the courier, no refund/replacement will be made.

Refund for dispute of defective goods

• In the event that the Customer receives goods that they contend to be defective, or in the event that any Pollini Lorenzo e Figli Srl shipment errors occur, the customer is required to make the part available to the appointed courier, using the provided methods which must be unused, not disassembled, not damaged or tampered with, no later than the legal deadlines.
Pollini Lorenzo e Figli Srl reserves the right to request photographic evidence, before authorizing returns for goods disputed as defective or incorrect. It is understood that the return authorization will not, in any way, constitute recognition of responsibility or acceptance of the customer's demands by the seller, provided that, at that time, the same will not have yet had the opportunity to check over the part.
• Once returned, all parts will be inspected by Pollini Lorenzo e Figli Srl and, in order to make the guarantee operational, they must comply with the parameters listed in the general contract conditions procedure, accepted by the customer at the time of online confirmation and also available on the website www.autodemolizionepollini.it.
• Pollini Lorenzo e Figli Srl will not legitimately proceed with any replacement/refund in cases where the return does not comply with all the above terms and conditions, with those provided for by law and does not present flaws, defects or errors.
  It is specified that, in the event that a part contended to be defective is not, as ascertained following the case checks, or the conditions of dispute and return have not been respected, Pollini Lorenzo e Figli Srl will proceed to evaluate, by chance, the situation and, provided that the returned part still has a residual market value considering the conditions in which it is found at the time of return, will - if anything - reimburse the part of the consideration due to the buyer but will not carry out shipment of a similar item in replacement. In all these cases, the shipping and collection costs of the part are always deducted.
• If, alternatively and actually, the return conditions have been respected and, following performance of checks, Pollini Lorenzo e Figli Srl finds errors, flaws and defects in the item previously sold, it will provide the customer with another comparable part, and only if this is not possible, will refund the amount. In these circumstances, it is understood that, if the customer receives a replacement item, only the shipping costs of the first item replaced under warranty will remain at the customer's expense. If the customer instead receives a refund of the amount, they will also be refunded the shipping costs of the non-compliant or defective part. In any case, no other amounts or costs will be recognized as due to the buyer, not even by way of packaging, assembly, disassembly, vehicle stoppage or other, nor by way of compensation for damages or indemnity, which the buyer expressly waives.

Privacy

Pursuant to art. 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, concerning the protection of individuals with regard to the processing of personal data, as well as the free circulation of such data and (hereinafter 'GDPR') the 'Data Controller' informs you that your personal data collected for the execution of the contract with the customer will be processed in compliance with the aforementioned legislation, in order to guarantee the rights, fundamental freedoms, as well as the dignity of natural persons, with particular reference to confidentiality and personal identity. We inform you that if the activities outsourced to you provide for the processing of personal data of third parties, as data controller it will be your responsibility to ensure that you have complied with the provisions of the legislation with regard to the subjects concerned in order to make their treatment legitimate on our part.

Data Controller

The Data Controller (hereinafter 'Data Controller'), is Pollini Lorenzo e Figli Srl with registered office in Bedizzole (BS), Via Gavardina, 30 – 25081 VAT no.: 00696460989 - Tax Code: 02852030176 Contact details: switchboard 030676085 Email: info@pollinisrl.it

Legal basis and nature of the data processed

The processing of your personal data, provided by you directly as Data Subject, is carried out by Pollini Lorenzo e Figli Srl on the legal basis of art. 6 lett. b) and c) of the GDPR; or the processing is necessary for the execution of a contract of which the Data Subject is a party or for the execution of pre-contractual measures adopted at the request of the same and the treatment is necessary to fulfil a legal obligation to which the Data Controller is subject.

The processing of your personal data relates to the following personal data:

1. Name, surname, address, residence, telephone number, fiscal code, VAT number, email addresses, certified email, vehicle number plate or other personal identification details
2. Identification for the payment of goods and/or services, such as, for example, bank account IBAN or post office IBAN
3. Pending judicial/administrative acts on the vehicle to be scrapped (only in the case of scrapping services for handling means in consultation only)

Purpose of the processing

With reference to the aforementioned legal bases, your data will be processed for the following purposes:

1. fulfilment and execution of this supply/service contract and execution of any action aimed at fulfilling the mutual obligations arising from the aforementioned contractual relationship;
2. fulfilment of specific requests from the interested party before the conclusion of this contract with the interested party;
3. fulfilment of fiscal, administrative, technical and/or accounting obligations;
4. customer management (customer administration, contract administration, orders, shipments and invoices, reliability and solvency checks, debt transfer, information requests);
5. litigation management (breach of contract; notices; settlements; debt collection; arbitration; litigation and legal disputes);
6. internal control services (security, productivity, quality of services, integrity of assets);

Nature of data provision

The provision of your data - while always optional - in relation to the aforementioned purposes is essential for the execution of the assignment between you and Pollini Lorenzo e Figli Srl and to allow Pollini Lorenzo e Figli Srl to follow up on the obligations required by the regulations applicable: in the absence of such personal data, it is impossible to establish and maintain the position between you and Pollini Lorenzo e Figli srl

Transmission of personal data

For the fulfilment of the contract between parties, personal data may be communicated to the following entities and/or categories of entities indicated below, or to companies and to persons, who provide services, including external services, on behalf of the Data Controller, according to the following specified, by way of example and not exhaustively: entities carrying out (either as independent Data Controllers or in the capacity of Data Processors appointed in writing by the Data Controller), purposes auxiliary to the execution of the supply/services contract; for example: for example: postal services and dispatch and delivery agencies, group companies, companies that manage credit risk assessment databases, banking and insurance institutions, public administrations and supervisory and supervisory authorities, legal and notarial firms, customs, credit recovery companies, service centres, companies or consultants charged with providing specific professional services and advice to the Data Controller, always within the limits of the purposes for which your personal data have been collected, public supervisory authorities; etc.

Processing methods

Your data are collected and registered in a lawful and correct manner for the purposes indicated above in compliance with the principles of lawfulness and provisions of art. 5(1) of the GDPR. The personal data transmitted by you are subjected to processing in paper, computerized and telematic form and entered in the relevant personal data and related databases (administration, accounting, commercial, etc.) with technical and organizational methods such as to guarantee a level of security adequate to the risk pursuant to art. 32 of the GDPR, by specifically authorized subjects (art.29 GDPR), or by employees and collaborators of the Data Controller, who will be able to carry out consultation, usage, processing, comparison and any other appropriate measure with the help of electronic or IT tools in compliance with the legal provisions necessary to guarantee, among other things, the confidentiality and security of the data as well as the accuracy, updating and relevance of the data in compliance with the stated purposes and methods. It should be noted that your personal data may also be processed by external data processors (Article 28 of the GDPR).

Duration of processing and data retention

Processing will last no longer than the time required to fulfil the purposes for which the data were collected to execute the contract and comply with the regulations in force. The data will be stored, at the Data Controller's registered office, for the time period strictly necessary to guarantee the correct supply of the goods and/or services purchased and compliance with legal obligations, for a maximum of 10 years from the closure of the contract between the parties; without prejudice to the need for a further extension of storage for purposes of defence in court and/or in order to assert a right in the context of litigation.

Transfer abroad

The Data Controller does not transfer data outside the European Union. If it is necessary for the management of the assignment received, all suitable security measures will be applied, as required by articles from 44 to 29 of the GDPR, in any event, only the data necessary for the pursuit of the intended purposes will be disclosed and we will promptly notify you and update our information on the processing of personal data.

Rights of the Data Subject according to art. from 15 to 22 of the GDPR

With regard to the processing covered by this Privacy Policy, as the Data Subject you have the right to request confirmation of whether your personal data is being processed or otherwise, access personal data that concern you and have the right to request rectification, erasure, notification of corrections and deletions and persons to whom your data may have been transmitted by the Data Controller, limitation of processing in the cases provided by law, the portability of personal data - provided by you - in cases indicated by the law, to oppose the processing of your data and, specifically, you have the right to object decisions concerning you if based solely on automated processing, including profiling.

If you wish to request further information on the processing of your personal data or for the possible exercising of your rights, you can contact the Data Controller in writing at privacylorenzo@pollinisrl.it or submit a written request to the following address: Pollini Lorenzo e Figli Srl Via Gavardina, 30 - 25081 Bedizzole (BS), marked for the kind attention of the Privacy Office; it will be our concern to reply as soon as possible and in compliance with the terms of the law.

If you believe that the way your data have been processed is in violation of the rules of the GDPR, you have the right to lodge a complaint with the Ombudsman pursuant to Article 77 of the GDPR.

Jurisdiction

If the customer is not a consumer, the parties establish the Court of Brescia as the exclusive jurisdiction.

In the event of a consumer customer, the rules established by Legislative Decree no. 206/2005.