1. Object

1.1 - These terms and conditions regulate all contracts of online sale concerning 'the Products' on the website www.ricambigrossclima.com concluded between GROSSCLIMA, via Macchiavelli 27 09047 Selargius (Cagliari) (P. Iva 03639280928 - email : [email protected] ), and 'the Buyer', which is understood to be the subject registered on the Site (natural person over the age of 18, company or other entity). The contractual and legal regulations relating to consumers (in particular the Legislative Decree no. 206/2005 Consumer Code) shall apply exclusively in the event that the Buyer is a natural person, over the age of majority, who is acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.

2. Orders and conclusion of the sale

2.1 – The sale is concluded with the acceptance of the order. The order is formulated by the Buyer, in a binding and irrevocable way (except for the exercise of the right of withdrawal), following the insertion of the Products in the 'virtual cart', through the selection of the option "select the method of payment: Credit Card, Paypal, Bank Transfer, Postepay recharge". It is accepted by GROSSCLIMA, following the successful completion of the payment, through the 'Order Confirmation' sent by the latter, within the next 48 hours or so, to the e-mail address indicated by the Buyer.

2.2 - The characteristics of the Products may change over time and, in the event that this occurs after the order has been formulated and not yet accepted, GROSSCLIMA will send the Buyer a communication proposing the new conditions to be accepted for the conclusion of the sale; if the Buyer does not accept the proposal, any sums already paid will be refunded.

2.3 - The fiscal document containing the fiscal data indicated by the Buyer (fiscal code or VAT number) is sent to the Buyer together with the Products.

3. Conformity, Safety, Defect and Product Warranty

3.1 - For the conformity of the Products and for the corresponding guarantee, the manufacturer shall be liable, directly towards the Buyer, in accordance with contractual and/or legal provisions. The manufacturer shall also be liable, in accordance with the law, for the safety and possible defectiveness of the Products and for any damage caused by them. Any liability of GROSSCLIMA, which assigns its rights to the Buyer, is therefore excluded, unless the Buyer is a consumer, in which case the mandatory rules of the Consumer Code on the responsibility of the distributor for the safety of the Products and the responsibility of the seller for the conformity of the Products shall apply to GROSSCLIMA. 

3.2 - In the latter case, defects must be reported by the consumer, under penalty of forfeiture, within two months of discovery (reporting is not necessary if the seller has acknowledged the defect or concealed it) and in any event within one year of delivery. In the event of defects, the consumer is entitled, within the terms of the law, to have the product's conformity restored free of charge by repair or replacement, or to an appropriate reduction in price, or to have the contract rescinded.

4. Price and payment

4.1 - The prices of the Products indicated on the site www.ricambigrossclima.com are inclusive of VAT and may be subject to variations, considering the price indicated at the time of the conclusion of the sale as binding as provided for in Article 2.

4.2 - Payment is made through the on-line payment system by credit card, Paypal bank transfer or Postepay recharge.

5. Territoriality

5.1 - The territory of Italy means the territory subject to the sovereignty of the Italian Republic, excluding the extra-customs territories of the municipalities of Livigno and Campione d'Italia and the Italian waters of Lake Lugano (Article 7 Presidential Decree 633/72).

6. Delivery

6.1 - The arrival of the Products at the destination is expected within the indicative term of one to four working days from the confirmation of the order, without GROSSCLIMA assuming any responsibility for any damage or delay in transportation, without prejudice to GROSSCLIMA's obligation to execute the confirmed order within thirty days.

6.2 - In the event that the Product is not available in stock within the aforementioned period of thirty days and in the quantity ordered by the Buyer, GROSSCLIMA shall inform the Buyer within the same period and shall refund the corresponding price if already paid. 

7. Withdrawal

7.1 - These provisions apply exclusively if the Buyer is a consumer, with reference to Legislative Decree No. 21 of 21 February 2014, implementing Directive 2011/83/EU on consumer rights.        

7.2 - The Buyer has the right to withdraw from the concluded contract, without penalty and without specifying the reason, within the term of 14 calendar days from receipt of the Products. The right of withdrawal is exercised by sending, within the said term, a written communication addressed to GROSSCLIMA via Macchiavelli 27 09047 Selargius (Cagliari) by means of a registered letter with acknowledgement of receipt. The communication may also be sent, within the same term, by telegram, electronic mail (fax, email: [email protected]), provided that it is confirmed by registered letter with acknowledgement of receipt sent within the following forty-eight hours. The registered letter shall be deemed to have been sent upon delivery to the accepting post office. This communication must contain the order number and the number indicated on the transport document, the codes of the Products to be returned as well as the coordinates (including IBAN code) of the current account where the sums to be returned are to be received.

7.3 - The Buyer is obliged to return to the following address GROSSCLIMA - via Macchiavelli 27 09047 Selargius (Cagliari), the Products for which the withdrawal is exercised within the aforementioned term of 14 calendar days from the receipt of the same. The Products shall be deemed to be returned at the time they are handed over to the carrier, however, the return shall be at the Buyer's care, expense and risk (cash-on-delivery or carriage forward parcels shall be rejected). The substantial integrity of the Products is an essential condition for the exercise of the right of withdrawal: the Products must be returned with their original packaging, the documentation received upon delivery and in a normal state of preservation, which implies diligent storage and use.

7.4 - GROSSCLIMA will refund to the consumer the sums paid for the Products for which the right of withdrawal has been exercised in accordance with the provisions of this Decree. The refund will be made free of charge, as soon as possible and in any event within 14 calendar days from the date on which GROSSCLIMA became aware of the exercise of the right of withdrawal.

8. Disputes

8.1 - For any dispute, the Court of Cagliari shall have exclusive jurisdiction, except, in the sole cases in which the Purchaser is a consumer, the mandatory jurisdiction of the consumer's court.

8.2 - The European Commission provides an online dispute resolution platform, which you can access via this link: http://ec.europa.eu/consumers/odr/.