INTRODUCTION
These general terms and conditions of sale govern the relationship between:
• Neryus, more precisely Neryus s.r.l. - with registered office in Via Giorgio Caselli, 11/2 – 44124, Ferrara, R.E.A. (Repertorio Economico Amministrativo - Economic and Administrative Index) No. FE250953 – Tax Code and VAT No. 02140800380, Share Capital €10,000; and
- the Customer, more precisely the person who purchases an item on the Internet site www.neryuscarparts.com (“the Site”).
The customer may alternatively be:
- a “professional”, i.e. a natural or legal person acting in the exercise of his/her trade, business, craft or profession, or an intermediary thereof; or
- a “consumer”, i.e. a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (Art. 3 of the Italian Consumer Code).
These conditions of sale will specify whether certain clauses apply only to the professional or only to the consumer.
The conditions of sale may be changed over the course of time. It will be the Customer's responsibility to check the conditions of sale applicable at the time of purchase.
1. Purchases on the Website
1.1 The Customer who intends to purchase items on the Website:
a. selects items and adds them to the shopping cart.
b. enters a summary page with the selected items, their price, delivery times and costs.
c. places the order.
1.2 The order placed by the Customer constitutes a contractual agreement.
1.3 The sales contract is considered finalised when Neryus sends an order confirmation email to the Customer. The email contains the customer's details, the order number, the price of the goods purchased, the shipping costs, the delivery address to which the goods will be sent, and the link whereby a copy of these conditions can be printed and kept.
The Customer undertakes to verify the correctness of the personal data contained in the order confirmation email and to notify Neryus immediately if any corrections are necessary.
1.4 Neryus reserves the right to reject orders from customers who have previously breached these General Terms and Conditions of Sale.
1.5. The Customer undertakes to inform Neryus if he or she suspects or becomes aware of any misuse of his or her data required to make a purchase on the Website.
1.6 When purchasing items, the Customer shall provide true, correct and complete data. The Customer is also obliged to notify Neryus immediately of any change in the data provided.
1.7 The Customer agrees to hold Neryus harmless from any liability for damages and/or penalties in any way connected with its failure to comply with these rules relating to the provision and communication of his/her data, except in the event of wilful misconduct or gross negligence on the part of Neryus.
2. Item availability
2.1 The Website contains information on the availability of Items.
2.2. The items on the Website are available in limited quantities. It is therefore possible that several persons purchase the same item at the same time and that the ordered item is no longer available after the purchase order has been sent.
Therefore, once the order has been received, Neryus will notify the Customer by email if any of the items ordered are not available.
2.3 In that case, Neryus may propose a different item of equivalent or higher value to the Customer, and the sales contract shall be finalised if the Customer accepts the different item and pays any difference in price.
2.4 In the event that an item is out of stock, if re-assortment is possible, Neryus may propose an extension of the delivery time with an indication of the new delivery time. Also in this case, the sales contract will be finalised if the Customer accepts the new delivery date.
2.5 In the event that an item ordered is no longer available and the Customer requests a refund of the sum paid, Neryus will refund the sum within 10 days of the request.
3. Item information
3.1 Neryus undertakes to describe and illustrate the items for sale on the website as accurately as possible.
However, it cannot guarantee that the details of the images on the website correspond 100% to those of the actual item. Minor differences are sometimes possible due to the Internet browser and screen used by the customer.
In the event of a difference between the image and the written item description, the written description shall always prevail.
3.2 Neryus recommends that you read the information provided for each item carefully.
4. Item characteristics
4.1 The items on the Site are used. Items may be sold without their original packaging and without the instruction booklet for their assembly and maintenance or without the accompanying information in the original packaging.
4.2 The Customer is aware of the condition of the purchased items or must in any case verify it before assembly.
5. Prices
5.1 All prices shown on the website are inclusive of VAT.
5.2 Neryus reserves the right to change the price of the items, at any time, without prior notice, it being understood that the price applied shall be the price indicated on the Website at the time the order is sent and that no account shall be taken of variations (upwards or downwards) subsequent to the sending of the order, except as specified in the following clause.
5.3 Despite the fact that Neryus makes every effort to avoid inaccuracies, it may happen that a product on the Website accidentally shows a different price from the actual one.
When Neryus checks the order received, it also checks that the prices of the items are correct.
5.4 If the price indicated on the website turns out to be lower than the correct sale price of an item, Neryus shall contact the Customer to verify whether he/she still wishes to purchase the item at the correct price. If the customer does not intend to purchase it at the correct price, Neryus cannot accept his/her order.
5.5 If the correct price of an item is lower than the price indicated on the Website, Neryus shall only charge the Customer the correct lower price and proceed with the shipping of the item.
6. Terms of Payment
6.1. Payment can be made by PayPal, Stripe, payment cards and bank transfer.
6.2. If the Customer pays by PayPal, Stripe or payment card, the amount for the order is debited from the PayPal account upon confirmation of the order.
6.3. If the Customer pays by bank transfer, Neryus will only process the order once the amount has actually been credited to Neryus' current account.
Therefore, the delivery period for the Products shall run from the date of the crediting.
This credit must be made within 2 working days from the date of acceptance of the order, after which the order is regarded as automatically cancelled.
6.4 In the event of payment by payment cards, the confidential payment card data (card number, card holder, expiry date, security code) are encrypted and transmitted directly to the payment service provider without passing through the servers used by Neryus. Neryus therefore never has access to and does not store the data of the payment card used to make the payment, even if the Customer chooses to store these data on the Site.
6.5 In the event of payment by PayPal or Stripe, payment shall be made in accordance with the procedure provided by PayPal and Stripe and the contractual conditions agreed upon between the Customer and PayPal or Stripe. In this case, the payment data entered by the Customer are processed directly by PayPal and Stripe and are not transmitted to Neryus. Accordingly, Neryus is not able to know and does not store in any way the data of the payment instruments linked to PayPal and Stripe.
6.6 It is possible to make a purchase on the Site using a voucher code. If the value of the voucher code is less than that of the order, the remaining amount can be completed according to the payment methods indicated on the Website. Each voucher code can only be used for one purchase and voucher codes cannot be combined. Under no circumstances may voucher codes be converted into money.
7. Product delivery
7.1 Products are delivered to the following countries: Italy, Austria, Germany, Belgium, Luxembourg, Netherlands, France, Denmark, Slovenia, Hungary, Spain, Poland, Czech Republic, Sweden, Portugal, Romania, Croatia, Bulgaria, Estonia, Latvia, Lithuania.
7.2. The items shall be delivered by courier to the address indicated by the Customer when placing the order, within the time period indicated in the order confirmation email sent by Neryus.
7.3. The delivery time for the items is 3 days after placing the order. Shipping takes place within 48 hours after the order is placed. These terms are only approximate and the days indicated refer to working days and not to public holidays. Saturday is not a working day.
7.4. If the Customer is a consumer, the items will be delivered in any event within 30 days from the date on which the Customer received the order confirmation email.
7.5 Shipping costs are borne by the Customer and are specified before the contract between the Customer and Neryus is finalised and in the order confirmation email.
7.6 The Customer is invited to check the condition of the item delivered: in particular, the number of items received, the integrity of the packaging and the absence of damage, verifying that the packaging is not wet or altered; this check must also include the material used to close the packaging. The Customer is invited, in his or her own interest, to indicate on the carrier's transport document any anomalies, and to accept the package with reservation. If the package shows obvious signs of tampering or alteration, Neryus should be promptly notified, including a photo of the damaged package.
8. Right of Withdrawal
8.1. Time limits for exercising the right of withdrawal
The Customer has the right to withdraw from the sales contract entered into with Neryus within 30 days of receiving the item. If the Customer qualifies as a consumer, he/she does not have to give any reasons.
In the event that the same order included more than one item that had to be delivered at different times, the 30 days run from the delivery of the last item.
8.2. Withdrawal procedure
8.2.1 The Customer may exercise the right of withdrawal by accessing the customer area on the Website and sending the withdrawal request to Neryus.
To send the withdrawal request, the Customer must:
- Enter his/her profile in the “Authorised Goods Return” section and click on the “ADD A NEW REQUEST” button.
- Select the order containing the item(s) you wish to return. To identify the order, it will be necessary to use the reference code (i.e. the 9-character alphanumeric string associated with the order).
- Select the item to be returned and fill in the request form specifying:
- the reason for the request to return the item. This field is optional if the Customer is a consumer.
- add remarks and notes in support of the return request. The Customer may attach one or more pictures of the item to support the reasons for return. This field is optional if the Customer is a consumer.
- The Customer must indicate how he wants to be reimbursed. The available options are:
- refund of the amount paid for the item or
- replacement of the item, subject to agreement between the parties.
- The Customer must indicate the address where the item will be collected;
- Press the “SEND RMA” button.
8.2.2 After sending the request, the Customer shall receive an e-mail confirming acceptance of the return request and specifying the day and time when the courier will collect the item at the address indicated by the Customer.
8.2.3 The costs for returning the item shall be borne by the Customer, unless agreed otherwise.
If the item proves to be non-functional or defective or if it does not correspond to the description or photos in the product data sheet and this situation has been reported to Neryus, the costs shall be borne by Neryus.
8.2.4 Once the return request has been communicated to Neryus, the Customer must return the purchased item within 14 days.
8.3. How to return the item
8.3.1 The Customer shall hand over the item to the courier appointed by Neryus for collection.
8.3.2 The item must be returned in the same condition in which it was sent by Neryus.
The item shall be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, complete with all accessories, with the identification tags, labels and security seals , where present, still attached to the item, intact and not tampered with, as well as perfectly fit for its intended use and free of signs of wear or dirt.
8.3.3 The Customer shall only be liable for any decrease in the value of the goods resulting from handling the item in a way other than that required to establish the nature, features and correct functioning of the item.
If the item for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling the item in a way other than that required to establish the nature, features and correct functioning of the item, Neryus reserves the right to deduct from the amount of the refund an amount equal to this decrease in value. Neryus shall communicate that it has ascertained this decrease in the value of the item and the resulting reduced reimbursement amount. If the refund has already been paid, Neryus shall provide the Customer with the bank details required for payment of the amount due as a result of the decrease in value of the item.
8.3.5 Withdrawal applies with respect to the item in its entirety. It is therefore not possible to exercise the right of withdrawal by returning only parts and/or accessories of the item.
8.4. Refund if the Customer is a consumer
8.4.1 Within 14 days from the day on which Neryus became aware of the decision to exercise the right of withdrawal, Neryus shall reimburse the amount paid by the Customer, including any shipping costs incurred by the Customer when purchasing the item, excluding the reimbursement of any additional delivery costs.
8.4.2 Neryus shall refund the amount using the same means of payment chosen by the Customer at the time of purchase, unless the Customer requests otherwise.
8.4.3 In any event, Neryus may suspend the reimbursement until it receives the item or until the Customer proves with appropriate documentation that it has sent the goods back to Neryus.
8.5. Refund if the Customer is a professional
If the return request is accepted, Neryus shall refund the total amount due, excluding delivery costs (if applicable) acting without delay and in any event no later than 14 calendar days from the day on which the courier delivered the returned item to the Neryus’ warehouse.
8.6. In what case Neryus may refuse the return request
8.6.1 Neryus reserves the right to refuse a return request if:
- the Customer has sent a duplicate return request for the same item;
- the Customer has not requested to exercise the right to return the goods within the time period established;
- the Customer has not delivered the returned product to the courier appointed by Neryus to carry out the collection or has not sent the product to the address communicated by Neryus;
- the returned item is not returned in the same conditions in which it was sent by Neryus;
- the item being returned is not the same item as that purchased through the Website.
8.6.2 If Neryus refuses the return request on the basis of what is listed in this clause, the Customer shall not be entitled to any refund.
9. Legal Guarantee of Conformity
9.1. If the Customer is a consumer
9.1.1 Neryus shall be liable to the consumer Customer for any non-conformity/defect of the Product that becomes apparent within one year after delivery. Any action for defects not wilfully concealed by Neryus shall be time-barred within twenty-six months from delivery of the goods.
9.1.2 Non-conformities/defects that become evident within twelve months after delivery of the item are deemed to have already existed on the date of delivery, except where this is incompatible with the nature of the item or the nature of the non-conformity/defect, unless proven otherwise.
However, as from the twelfth month following delivery of the item, it will be the consumer Customer's obligation to prove that the non-conformity/defect already existed at the time of delivery.
9.1.3 In the event of non-conformity/defect of the goods, the consumer Customer has the right to the restoration of conformity or to receive a proportional reduction in the price, or to the termination of the contract on the basis of the conditions laid down in Section 135-bis et seq. of the Italian Consumer Code.
9.2. If the Customer is a professional
9.2.1 The Legal Guarantee of Conformity is governed by Sections 1490 et seq. of the Italian Civil Code. Therefore, Neryus must ensure that the item sold is free from defects that render it unfit for its intended use or appreciably diminish its value.
9.2.2 The guarantee is not applicable if at the time of purchase the professional Customer was aware of the defects in the item; nor is it applicable if the defects were clearly recognisable, unless, in this case, Neryus has declared that the item was free of defects.
9.2.3 In the event that defects are identified, the professional Customer may, at his/her discretion, demand either termination of the contract or reduction of the price, except for certain defects, where common practice excludes termination. The choice is irrevocable if the customer takes legal action. If the delivered item has become unserviceable as a result of defects, the professional Customer is entitled to termination of the contract; if, on the other hand, the delivered item has become unserviceable as a result of a fortuitous event or through the fault of the professional Customer, or if the professional Customer has sold the item or processed it, the professional Customer may demand nothing other than a reduction of the price.
All warranty claims by the professional Customer shall be null and void if the defect is not reported to Neryus within the eight days following the date on which the defect was detected. The filing of the complaint is not necessary if Neryus has acknowledged the existence of the defect or concealed it. The legal action shall, in any case, be time-barred within one year from delivery. However, the professional customer, appearing as a defendant in the execution of the contract, may always assert the guarantee, provided the defect in the item has been reported within eight days of discovery and before the lapse of one year from delivery.
10. Manufacturer's warranty
Items sold on the website are not covered by the manufacturer's warranty, unless otherwise indicated on the Website
11. Liability
11.1 Neryus shall not be liable for disruptions due to force majeure or unforeseeable circumstances, even if they are due to malfunctions and failures of the Internet network, in the event that it fails to execute the order within the time stipulated in the contract.
11.2 Neryus shall not be liable in the event of damage, of whatever nature, resulting from the improper use of the item by the Customer.
11.3 Neryus, with the exception of cases of wilful misconduct or gross negligence, shall only be liable for damage that is a direct and immediate consequence of its failure to comply with the provisions of these terms and conditions of sale and that was foreseeable at the time of the conclusion of the contract of sale.
11.4. The consumer Customer is obliged to have a specialised professional carry out the assembly of a purchased item that is relevant to the safety of the vehicle.
12. Sale of vehicle safety-related spare parts
The spare parts relevant to vehicle safety, resulting from the treatment to which the end-of-life vehicle is subjected, are sold by Neryus only to those who carry out a car repair activity for re-use (Section 15, paragraphs 6 and 7, Italian Legislative Decree no. 209 of 24.06.2003).
When purchasing these spare parts, the Customer declares that he/she is an approved car repairer and releases Neryus from any liability relating to this and to the non-reuse or illegitimate re-use of the spare parts.
Art. 13. Governing law and jurisdiction;
out-of-court settlement of disputes
13.1 These General Terms and Conditions of Sale are governed by Italian law.
13.2 If the Customer is a consumer
A Customer who qualifies as a consumer may seek to resolve a dispute concerning a purchase made on the Site through the ODR (Online Dispute Resolution) platform, created and managed by the European Union.
The customer can access the ODR platform from this link: http://ec.europa.eu/consumers/odr
Any dispute relating to these General Terms and Conditions of Sale, if not settled amicably, shall be submitted to the exclusive jurisdiction of the courts of the place of residence or domicile of the Customer who qualifies as a "consumer".
13.3 If the Customer is a professional
In the event of a dispute relating to these General Terms and Conditions of Sale that can not be settled amicably, the competent Court shall be the Court of Ferrara.