1.1. The present general conditions of sale regulate the purchase and sale agreement relevant to any purchase made through the e-commerce website www.store.ferrari.com (hereinafter: “Website”). The website, owned by Ferrari S.p.A., with registered office in via Emilia Est 1163 - 41121 Modena, Italy, (hereinafter: “Owner”) is managed by Triboo Digitale Srl., with registered office in viale Sarca 336, 20126 Milan, Italian tax code, VAT number 02912880966 and registration number with the Company Registry in Milan 02912880966 (“Triboo Digitale Srl).
1.2. Triboo Digitale Srl deals with the sale of products through the Website on behalf of the Owner. The purchases of the products made through the Website foresee the parties being Triboo Digitale Srl as the seller (hereinafter: the “Seller”), and the party that proceeds with the purchase of one or more products (hereinafter: the “Consumer”), the (Seller and Consumer, hereinafter, referred to together as the “Parties”).
1.3. The Owner is not a party to the present Contract, but the owner of all of the rights to the name of the domain of the Website, the logos, the registered trademarks, relevant to the products presented on the Website, and owner of the copyright relevant to the Site and its contents.
1.4. Any communication made by the Consumer connected and/or related to the present contract - including any reports, complaints, requests concerning the purchase and/or the delivery of the products, the exercise of the right to withdrawal, etc. - must be forwarded to the Seller to the addresses present on the Website and the e-mail address firstname.lastname@example.org
1.5. Each purchase is subject to the general conditions of sale which you publish on the Website at the time in which the contract is executed pursuant to article 3 herein.
1.6. The Website is dedicated to retail sale and as such is understood as being exclusively for the use of consumers. The possibility to purchase products on the Website is, moreover, reserved exclusively to the “consumer”, such as an individual that acts for purposes outside of the entrepreneurial, commercial, artisan or professional activity carried out. Persons which are not “consumers” are asked to not place orders through the Website.
1.7. At the time of execution of the purchase order, the Consumer accepts that the confirmation of the information relevant to the order placed and the general conditions of the agreement contained within the present agreement were forwarded by e-mail to the address declared by the same at the time of registration with the Website. The Seller reserves the right to not execute orders from parties other than the “consumer”, or that are not in compliance with its commercial policy.
1.8. In order to validly execute the present agreement the age of majority (18) and the legal capacity to act are necessary, which the Consumer declares to possess.
1.9. Any expenses for the connection via Internet to the Website, including telephone costs, according to the fees applied by the operator of choice by the Consumer are exclusively the burden of the Consumer.
2. Characteristics of the products and their availability in the various geographic areas.
2.1. The products are sold by the Seller with the characteristics that are described on the Website when sending the order on behalf of the Consumer and in compliance with the general terms of sale published on the Website at the time of sending the order, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to amend the present general conditions of sale at any time, at his discretion, in compliance to the laws in force. The products are offered at the general conditions of the agreement indicated on the Website at the time of sending the order until stock is sold out.
2.3. The prices and goods for sale on the Website are subject to variation without prior notice. Moreover, prior to forwarding the purchase order pursuant to the following point 3 herein, it is requested that the Consumer verify the final sale price.
2.4. The Seller reserves the right, without prior notice, to modify the goods present on the Website or to modify the characteristics at any time and without prior notice or obligation.
2.5. The Seller reserves the right to make modifications and improvements to any good offered on the Website, without the obligation to make such modifications to goods already sold.
2.6. Users from all over the world can access the Website and the Website may contain references to goods that are not available or cannot be purchased in the country from where the Website is being viewed.
2.7. The products present on the Website are for sale, they are reserved for the sale exclusively within the countries indicated in the list present on the Website at the time of the order.
3. Execution of the agreement.
3.1. The presentation of products on the Website, not binding for the Seller, does not represent merely an invitation to offer nor offers to the public.
3.2. The purchase order forwarded by the Consumer to the Seller through the Website is valid as a proposal of contract, which forms an integral part of the order itself and that the Consumer, by means of forwarding the order to the Seller, must accept in its entirety without any type of reserve. Before purchasing the products, by sending a purchase order, the Consumer shall be asked to attentively read the present general conditions of sale and the information regarding the withdrawal right, to print a copy by using the print button and to save or reproduce a copy for personal use. Moreover, the Consumer shall be requested to correct any errors made when entering his personal data.
3.3. The purchase order of the Consumer is accepted by the Seller with the forwarding to the Consumer, to the e-mail provided by the same to the Seller at the time of registration to the Website, of a confirmation e-mail for the order, which shall redirect to the link with the present conditions of sale, the summery of the order made and the description of the product ordered. The Consumer order, the confirmation of the order by the Seller and the general contractual conditions applicable to the relations between the Parties shall be electronically archived by the Seller on his computers and the Consumer can request a copy of the same by sending a communication to the Seller at the following e-mail address email@example.com.
3.4. The contract is understood as executed when the Consumer receives the receipt for the order from the Seller via e-mail. Pursuant to the laws in force, the order and the receipt for the order are considered received when the parties to which the same are addressed have the possibility to access the same.
4. Procedure for the selection and purchase of products.
4.1. The products proposed on the Website can be purchased through the purchase procedure present on the Website. Such procedure provides for the selection of products of interest by the Consumer, with the insertion of the same into a specific virtual shopping cart. Once the products have been selected, in order to purchase the selected products and place them into the cart, the Consumer shall be asked to register with the Website, supplying the requested information, or to login, should the Consumer already be registered or to provide his information in order to complete the order and consent the execution of the contract. In order to consent the purchase, the Consumer shall be requested to confirm his information (by way of example and not limited to: name, surname, etc.), as well as the address for the delivery of the selected products, billing address and a telephone number for communications relevant to the purchase made, should the information be different from that provided at the time of registration. The Consumer shall see a summary of the order to be made, of which the same can modify the contents: therefore, the Consumer, subsequent to reading attentively, must expressly approve the present general conditions of sale, by checking the specific check-box on the Website and finally, by clicking on the button “Insert Order”, the Consumer shall be asked to confirm his order, which in turn shall be sent to the Seller and will produce the effects described in the previous paragraph 3.2 of the present agreement. The Consumer shall also be asked to select the shipping and payment method, amongst those available. In the event that the Consumer chooses the immediate payment method (at the time of purchase), with credit card, PayPal or any other method of payment indicated on the website, it shall be mandatory for the same to communicate his personal information through a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal information supplied by the Consumer. In the event that the payment is made by credit card, the purchase amount shall be charged exclusively upon receipt of the order by the Seller.
5. Delivery and acceptance of goods.
5.1. Generally the Website indicates the availability of each product and delivery times of the same, nevertheless, such information is to be deemed as purely indicative and not binding for the Seller.
5.2. The Seller undertakes to do that which is in his power in order to respect the delivery times indicated on the Website and, in any case, carry out the delivery in a maximum time frame of 30 (thirty) says from the communication to the Consumer of the order confirmation except for goods not available in the warehouse, being an advance order on behalf of the Consumer, in this case the delivery shall be carried out within 30 (thirty) days starting from the date in which the goods become available. Relevant to the latter assumption, the consumer shall have the right to exercise the withdrawal until receiving the communication, forwarded by the Seller, of the availability of the same at the warehouse.
5.3. Not being able to guarantee the availability of the products displayed on the Website, in the event that a product ordered by the Consumer is not available, the Consumer shall be promptly informed by the Seller and any payment already made by the Consumer shall be promptly reimbursed.
5.4. The shipping of the products ordered by the Consumer shall occur in compliance to the conditions selected by the Consumer, among those available and indicated on the Website at the time the order is shipped. The Consumer undertakes to check without delay, and in any case within and not beyond 3 (three) days from the receipt of the products, that the delivery is correct and includes all and only the products purchased and to inform within such time the Seller of any defects to the products received or of their deformity in respect to the order made, pursuant to the procedure in art. 9 of the present agreement. In the event that the box or packaging of the products ordered by the Consumer arrives at their destination with obvious signs of damage, the Consumer is requested to refuse delivery on behalf of the carrier/freight forwarder or to accept the delivery “subject to verification”.
5.5. Once the term pursuant to the previous paragraph 5.4 has expired the products are considered definitively accepted by the Consumer.
6. Prices, shipping costs, taxes.
6.1. The price of the products is that indicated on the Website at the time when the Consumer sends the order. The prices of the products indicated on the Website are inclusive of VAT, they do not include delivery charges, which are calculated prior to the confirmation of purchase by the Consumer and that the same Consumer undertakes to pay to the Seller in addition to the price indicated on the Website and do not include any taxes or duties due in compliance to the conditions and terms established by each individual State of delivery of the goods.
6.2. On the basis of the country to which the products have to be delivered the Website shall show, during the order creation process, the relevant delivery costs that the Consumer undertakes to pay in addition to the price of the products ordered.
6.3. The Consumer must pay the total price to the Seller, the price which is printed on the order and confirmed in the order confirmation forwarded by e-mail by the Seller to the Consumer.
6.4. In the event that the products must be delivered to a country not belonging to the European Union, the total price indicated in the order and repeated in the order confirmation, inclusive of VAT, is net of any customs taxes and any other sales tax, which the Consumer undertakes from this moment onwards to pay, where due, in addition to the price indicated in the order and confirmed in the order confirmation, pursuant to the provisions of the law of the country in which the products are to be delivered. The Consumer is requested to obtain information from the competent bodies of their country of residence or destination of the products in order to obtain information on any duties or taxes applied in the country of residence or destination of the products.
6.5. Any other cost, charge and tax that any country may apply for any reason to the products ordered based on the present agreement are exclusively the burden of the Consumer.
6.6. The Consumer declares that not being aware of the costs, charges and taxes mentioned in paragraphs 6.4 and 6.5, at the time of sending the order to the Seller cannot constitute cause for the termination of the present agreement and the same cannot in any way charge the above-mentioned to the Seller.
7.1. Orders placed through the Website can be paid by credit card or PayPal, pursuant to the conditions described here below. The Seller can permit other forms of payment by indicating them in the payments section of the Website.
7.2. In the event that the payment is made by credit card the Consumer shall be transferred to a secure website and the credit card details are directly communicated to GlobalCollect, the operator which takes care of the payments on behalf of the Seller. The data provided will be sent in secure mode, through the transfer of encrypted data with SSL (SecureSocketLayer) at128 bits. Such data is not even accessible by the Seller.
7.3. The orders, in the countries where it is foreseen, can be paid by bank wire transfer in favour of the Seller with the indication of the “Swift” and “IBAN”, stated in the order confirmation. The Consumer, in the case of payment by bank wire transfer, expressly agrees that the execution of the agreement on behalf of the Seller shall begin at the time when the amount paid for the product/products purchased is credited to the bank current account of the Seller: in the event that during the time frame between the sending of the order and the credit of the bank wire transfer for the price of the product/products purchased such product/products are no longer available, the Seller shall reimburse the amount paid by the Consumer pursuant to the provisions of paragraph 5.4 of the present agreement and the contract between the Parties shall be considered as not having been executed without the Consumer being able to make any claims towards the Seller.
7.4. The Seller shall promptly inform the Consumer by e-mail to the address declared by the same at the time of registration with the Website, the invoice/tax documentation relevant to the purchase made, in the event that the products purchased are to be delivered within Italy or enclosed in paper format to the products purchased in all other cases.
8. Legal guarantee of compliance by the Seller, reporting of apparent defects and warranty interventions.
8.1. Pursuant and in compliance to the European Directive 44/99/EC and the Italian Legislative Decree 206/2005 (Consumer Code), the Seller provides a legal guarantee to the Consumer on the product for any defect of compliance in respect to the purchase and sale agreement which should arise within 24 (twenty-four) months from the delivery to the Consumer of the product.
8.2. The legal guarantee permits the Consumer, in the case of defects of compliance of the product, to obtain, by directly contacting the Seller, within a reasonable time frame in consideration of the nature of the product, the repair (when and where possible), the substitution of the product, the reduction of the price or the termination of the agreement.
8.3. Improper use of the product that is not in compliance with the product and the instructions/warnings in this regard supplied by the Seller and/or the manufacturer of the product are in any case not covered by the guarantee.
8.4. Any report of apparent defects of the product must be presented together with proof of purchase of the product from the Seller (receipt issued by the Seller or payment receipt).
8.5. In the context of the term pursuant to the previous paragraph 8.1, the reporting of an apparent defect must be forwarded by the Consumer within and not beyond 10 (ten) days from the date in which the apparent defect was identified.
8.6. The reporting of an apparent defect must be forwarded by the Consumer to the Seller via e-mail to the following address firstname.lastname@example.org; the Seller shall promptly inform the Consumer of the methods by which to return or make the product available.
8.7. The Seller, through the service of assistance of the manufacturer of the products, shall perform quality checks in order to verify the effective non compliance of the product itself and shall provide feedback to the Consumer via e-mail, given during the process of registration to the Website.
8.8. In the event of the ascertained non-compliance of the product, the Seller shall provide to refund the Consumer for the cost of the product inclusive of the shipping costs for the return of the non-compliant product or, alternatively, without any cost to the Consumer, to repair the product or substitute the same with a new product; in the latter assumption, the non-compliant product returned shall remain the property of the Seller.
8.9. The above-mentioned refund shall be executed by the Seller to the Consumer by means of ban wire transfer or, where possible, by the same means of payment used by the Consumer at the time of purchasing the product. It shall be the responsibility of the Consumer to communicate to the Seller, always via e-mail to the address email@example.com, the banking information in order to execute the bank wire transfer in his favour and to ensure that the Seller is in a condition to be able to return the amount owed.
9. Responsibility for damages caused by defective products.
9.1. For that which regards any damages caused by a defective product the provisions of the European Directive 85/374/EC and the Italian Legislative Decree 206/2005 (Consumer Code) are applicable. The Seller, as distributor of the products through the Website, holds itself harmless from any responsibility, excluding and without exception for any type, by indicating the name of the manufacturer f the product.
10. Right to withdraw.
10.1. The Consumer has the right to withdraw from the present agreement, without penalty, within 14 (fourteen) business days starting from the day of receipt of the ordered products, for any reason and without having to justify its decision. In the event of the above the Seller shall retain, with the responsibility remaining exclusively that of the Consumer, the shipping expenses and any taxes in order to reimport the product.
10.2. The Consumer can exercise the withdrawal right, within the above-mentioned time frame, by sending an explicit declaration of withdrawal to customer care via e-mail to the following address firstname.lastname@example.org. The Consumer shall be given a Form with the relevant Return Code.
10.3. In order to validly exercise the withdrawal right, where the shipment or delivery of the products ordered has already taken place, it shall be the responsibility of the Consumer to return the same within the mandatory period of 14 (fourteen) business days from the receipt of the product or 14 (fourteen) business days from the sending of the Form and the Return Code, together with the correctly filled in Return Form and complete with the Return Code supplied, sending or delivering the same to the following address:
Triboo Digitale Srl c/o ArceseLog
Via Groane n. 6
20031 Cesano Maderno (MB) – Italia.
10.4. It remains understood that the risks and costs of transportation relevant to the return of the products to the Seller shall be the responsibility of the Seller.
10.5. In order to validly exercise the withdrawal right, the products must be delivered or in any case must arrive to the Seller intact (without signs of wear, abrasions, scratches, deformations, etc.), complete with all of their elements and accessories, together with the enclosed instructions/notes/manuals, with the original boxes and packaging and, where present, the warranty certificate. In absence of the above the Consumer shall not have the right to the reimbursement of the amount paid. For this purpose, therefore, we recommend covering the original packaging of the products with another protective packaging that preserves the integrity of the same and protects it during the transportation from writing or stickers.
10.6. The Seller shall accept the delivery of the returned products, reserving the right to verify that the same are returned in the conditions described in the previous paragraph 10.5.
10.7. In the event that the verification of the returned products has a positive outcome and the withdrawal right has been validly exercised within the terms and pursuant to the conditions provided, the Seller shall provide to reimburse free of charge to the Consumer the entire amount paid for the purchase of the products, including delivery charges previously sustained by the Consumer for the purchase itself, in the least time possible and in any case within 14 (fourteen) days from the date in which the Seller became aware of the exercise of the withdrawal right on behalf of the Consumer.
10.8. The above-mentioned refund shall be executed by means of a bank wire transfer in favour of the Consumer, it shall be the responsibility of the Consumer to communicate to the Seller, by filling out the specific Return Form, the banking information to make the bank wire transfer in its favour and to ensure that the Seller is in a condition to be able to return the amount due. In the event that the payment was made by credit card, the above-mentioned return shall be executed within the terms indicated directly through the refund of the amount due to the credit card used by the Consumer for payment.
11. Other cases of return.
11.1. In the event that the Consumer verifies, within the term pursuant to the previous paragraph 5.4., that the product received arrived defective or not corresponding to the product ordered, the Consumer can report it, always within the above-mentioned term, to the Seller by sending a communication via e-mail to customer care at the following address email@example.com. The Consumer shall be given a Return Form with the relevant Return Code.
11.2. The Seller, having carried out the suitable verifications, shall request that the Consumer return the product within 14 (fourteen) days from the placing of the order, together with the Return Form and complete with the Return Code provided, sending it or delivering it to:
Triboo Digitale Srl c/o ArceseLog
Via Groane n. 6
20031 Cesano Maderno (MB) – Italia.
11.3. The product must be delivered or in any case must arrive to the Seller intact (without signs of wear, abrasions, scratches, deformations, etc.), complete with all of their elements and accessories, together with the enclosed instructions/notes/manuals, with the original boxes and packaging and, where present, the warranty certificate and in any case in the same conditions in which it arrived to the Consumer. On the contrary, the Consumer shall not have the right to any refund.
11.4. Subsequent to the verification of the product returned on behalf of the Seller, should the necessary conditions exist, the latter shall provide for the reimbursement of the shipment costs sustained for the return of the product and to send to the same, at no extra charge, a new product or the product actually ordered within the least time possible, providing the same is available; on the contrary, only the price paid for the defective product shall be refunded.
11.5. The above-mentioned refund shall be executed by means of a bank wire transfer in favour of the Consumer, it shall be the responsibility of the Consumer to communicate to the Seller, by filling out the specific Return Form, the banking information to make the bank wire transfer in its favour and to ensure that the Seller is in a condition to be able to return the amount due. In the event that the payment was made by credit card, the above-mentioned return shall be executed within the terms indicated directly through the refund of the amount due to the credit card used by the Consumer for payment.
12. Intellectual property rights.
12.1. The Consumer declares to be informed that all of the contents present on the Website are protected by copyright and other provisions in force relevant to intellectual property: all of the rights are the exclusive property of Ferrari S.p.A.
12.2. The contents of the Website cannot be reproduced, neither fully nor partially, transferred by computer or conventional means, modified or used for any purpose without prior written consent from Ferrari S.p.A.
13. Consumer data and data protection.
13.1. In order to proceed with registration, the sending of the order and, therefore, the execution of the present agreement, various personal data of the Consumer are requested. The Consumer formally acknowledges that the personal data supplied shall be registered and used by the Seller and Ferrari S.p.A., in compliance and pursuant to the regulations of the Italian Legislative Decree 196/2003 and subsequent amendments and integrations. - Data Protection Code, in order to execute the present agreement and, subsequent to prior consent, for any other activities as indicated in the specific information regarding data protection supplied to the Consumer through the Website at the time of registration.
13.2. The Consumer declares and guarantees that the data supplied to the Seller during the registration stage and correct and truthful.
13.3. The Consumer, at any time, can update and/or amend the personal data supplied to the Seller within the specific section of the Website “My Account”, accessible subsequent to authentication.
14.1. Although the Seller shall take measures to protect personal data against its loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relevant to the protection of electronic communications via Internet, the Seller cannot guarantee that the information or data visualised by the Consumer on the Website, even subsequent to the Consumer having logged in, are not visible or accessible by unauthorised third parties.
14.2. The Seller, with reference to the data relevant to payment with Credit Card avails itself of the services of the company GlobalCollect which implements technological systems in order to guarantee the maximum levels of reliability, security, protection and confidentiality in the transmission of information via web.
15. Force majeure.
15.1. The Seller shall not be liable in the event of total or partial default of its obligations provided within the present agreement should such default be caused by unpredictable and/or natural events out of his reasonable control, including, by way of example but not limited to, catastrophic natural events, acts of terrorism, wars, revolutions, power failure, general labour strike in the public/private sector, strike and/or restrictions of traffic conditions for couriers and air links.
16. Applicable law and competent court.
16.1. The agreement shall be regulated and interpreted pursuant to Italian Law.
16.2. The Parties mutually agree that the application of the United Nations Treaty on contracts for the international sale of goods is expressly excluded.
16.3. For every dispute deriving from the present agreement or relevant to the same, the competent court shall be a) the Court of the place of residence or domicile of the Consumer, if “consumer” pursuant to the laws in force; b) in every other circumstance, exclusively the Court of Milan, Italy.
16.4. For all that is not expressly provided for herein, the provisions of the Italian Law shall be applicable and in particular, for consumers, the provisions in Section I, Chapter III, of the Italian Legislative Decree 206/2005 and and subsequent amendments and supplements. (Consumer Code).
17.1. The Parties cannot in any way transfer their rights and obligations arising from the present agreement to third parties without prior written consent from the other party.
18. Validity of the clauses.
18.1. The headings of the clauses uses herein are to be considered as purely indicative and do not have any effect relevant to the identification of the contents and the interpretation of the present agreement.
18.2. The present conditions do not prejudice the rights attributed by the Italian law to the Consumer, which acts as a consumer, or the rights guaranteed to the same by the provisions of the law to which it is subject.
18.3. In the event that one of the clauses or part of a clause of the present general conditions be deemed invalid because in contrast or against a law, all of the other clauses of the present agreement or parts of the same clause shall remain fully valid and effective.
19. Final provisions.
19.1. The present agreement substitutes all contracts, agreements and understandings previously in force between the Parties and, together with the order, order confirmation and the general conditions relevant to the use of the Website, constitute the entire agreement between the Parties relevant to the purpose of the present agreement.
19.2. The Consumer declares to not having been induced to adhere to the present agreement by previous verbal declarations.
19.3. Any variation or amendments to the present agreement must be accepted in writing by both Parties.