The following Contract General Conditions regulate the online sale of products offered by www.king-truck.com site, brand owned by KING-TRUCK SRL with registered office in Via Dante Alighieri, 27 - 35029 Pontelongo (PD), VAT n. 05330200287, registered at CCIAA of PADOVA, mail [email protected].
Art. 1 Conclusion of the Contract
1.1 Orders are to be considered subjected to acceptance of KING-TRUCK. The correct order is confirmed by an e-mail response by KING-TRUCK which will be sent to the Customer's address. This confirmation message will contain the order number, date of the order, billing information and the recipient of the products, details and price VAT incl., trasport service, additional services, methods of payment, KING-TRUCK informations, remarks and warnings. Once the order is received from the Customer and verified the payment, KING-TRUCK takes the first steps related to the preparation/shipment of the goods.
1.2 The selection of the products, presented on the site, is subjected to their actual availability. In case of unavailability of one or more products, KING-TRUCK will inform the Customer by telephone or by an e-mail of any variation of the order.
1.3 All items prices offered on the site are VAT incl., in Euro, apply to purchases made via Internet, net of transport, mounting and installation expenses. KING-TRUCK reserves the right to modify the prices displayed, with the exception of the orders already accepted.
1.4 The Customer is hereby made aware that the technical data sheets and product images may not be perfectly corrisponding to the real characteristics of each product and may differ in colour, size, accessories products, packaging and technical data and must therefore be considered purely indicative.
Art. 2 Acceptance of the General Condition of Sale
2.1 The Customer by the mailing of the purchase order confirmation, unconditionally accepts and binds himself to observe the present general condition of sale with KING-TRUCK, stating that he has read and accepted all the indications he provided, taking note that the Seller does not consider itself bound to different conditions if not previously agreed in writing.
2.2 The Acceptance of the General Condition of Sale concerning the Customer as a "Consumer", is applied only to the natural person, in accordance with Art. 3 D. lgs. n. 206 of 08/10/2005 SS MM, "operates with aims which are not connected with a business, commercial, amateur, or professional activity". In particular the Art. 5 (two-year duration of guarantee) and 6 (cancellation), applies only if the Customer is a Consumer.
2.3 The Customer declares to examinated The Acceptance of the General Condition of Sale before the submission, binds himself, at the moment of the conclusion of the purchasing online procedure, to print or keep these general terms.
Art. 3 Payment
3.1 The articles ordered will have to be paid via one of the forms of payment listed in "Methods of Payment". In case of Advance Bank transfer remember that the payment will have to be made within 3 working days. With PayPal the payment must be on the same day, otherwise the order will be cancelled.
Art. 4 Delivery
4.1 Delivery charges are made worldwide, for the costs refer to the section "Shipping Costs and Timing" present on the ecommerce site.
4.2 Deliveries are considerated to be made to the address of the consignee or a different place indicated on the transport document (d.d.t.), at street level. For deliveries with exceptional performance the costs will be under the costumer responsibility (for example: delivery to a specified floor, limited traffic zone, pedestrian area, disadvantaged areas). This service is to be requested when ordering.
4.3 The goods will be delivered appoximately 1 to 15 working days. Once paid, the delivery date will be communicate, except to the lack of responsibility of KING-TRUCK in any case of delay/failed-delivery due to unexpected events or force majeure (for example accidents, explosions, strikes, and/or locked, earthquakes, floods, heavy snows and similar events) or in the event of causes attributable to the carrier.
4.4 The courier makes the delivery without notice and normally the day after the order is shipped. KING-TRUCK is not responsible for delay in delivery or additional costs charged to the costumer in case in which an incomplete or wrong address is provided. The products travel with regular transport document and they are considered delivered in the place indicated from the Customer during the confirmation of the order, unless otherwise specified.
4.5 For shipments abroad, conditions and modality will be defined with KING-TRUCK.
4.6 It is the Customer's responsibility, to verify the number of packages and product integrity upon receipt of the goods. In case of visible damage upon delivery, the Client has the right to refuse the products and/or indicate in specific section "Subject to Control" of delivery module given by the courier, accurately describing the damage and reporting to KING-TRUCK within 1 working day by e-mailing [email protected], preferably sending pictures.
4.7 In accordance with Art. 63 paragraph 1 of the Consumer Code, the risk of the transport remain to the Seller until the moment of delivery of the goods to the Consumer Customer. In accordance with Art. 63 paragraph 2, the risk of loss of and/or damage to products will pass to the Consumer Customer upon delivery to the chosen carrier only in the case (if applicable) where the carrier was chosen by the Client outside the proposals.
Art. 5 Warranty
5.1 In accordance with Art. 132 of the Consumer Code, KING-TRUCK shall be liable when the lack of conformity occurs within two years from the date of delivery of the products. The goods purchased by the Client are covered by legal compliance warranty for 24 months for lacks of conformity and/or working problems, not encountered during the purchase. The consumer loses the rights if not denounced the lack of conformity within two months from the date of discovery of the defect. For the purchases made as a company the warranty is for 12 months.
5.2 In case of lack of conformity, KING-TRUCK provides, without expenses for the customer, to the shipment of replacement parts needed in order to restore the conformity. The necessary labour costs to restore the conformity will remain Customer competence.
5.3 The Client must verify the product and its functioning within 5 days of delivery. Any defects already present at the moment of delivery of the material shall be communicated to KING-TRUCK within 5 days of receipt by e-mail to [email protected], indicating the article code, details and photographs of the defect noted.
5.4 In case of KING-TRUCK is not able to render to the Client a guarantee product (restored or replaced), the company will proceed to the consensual replacement with a product of similar or superior characteristics. In cases of replacement under warranty, the Custmer must ship at his own expenses the product at KING-TRUCK, Via Dante Alighieri, 27 - 35029 Pontelongo (PD). The guarantee product must be returned in its original packaging, properly sealed, complete with all its parts. The Customer is required to keep the original packaging and all additional documentation of the products purchase until the warranty terms expire.
5.5 No damage can be demanded to KING-TRUCK for eventual delays in the execution of repairs or substitution. In case that the defect is not result in a lack of conformity, persuant to the Art. 129 d. lgs 206/2005, eventual costs of verification, restore and shipment, incurred by KING-TRUCK, will be charged to the Customer.
5.6 KING-TRUCK is not responsible for any damages from improper installation or misuse. The warranty does not cover damage caused directly or indirectly by incorrect or improper installation or use. The warranty does not cover wearing parts.
Art. 6 Right of Withdrawal of the Consumator Customer
6.1 The Customer has right to withdrawal from placed orders without penalties and without specifying the reason within 14 days from the delivery date by registered post a/r at the headquarters in Via Dante Alighieri, 27 - 35029 Pontelongo (PD), by e-mail to [email protected], by telephone at +39.388.6363875 or by letter written in accordance with D.Lgs 206/2005; intended to use the return rights, indicating the order number, invoice number, codes and quantities, if the withdrawal is total or partial (only in case of purchase of several items).
6.2 KING-TRUCK shall subsequently organise for the purchase price to be reimbursed within 14 days of being notified of the withdrawal. KING-TRUCK has the right to retain the reimbursement until the date of receipt of the goods.
6.3 The shipment cost for the return of the goods will be charged to the Customer. The expedition is under the full responsibility of the Customer until the signature of the certificate of receipt in our warehouse. KING-TRUCK is not liable for product damages or theft/loss by shipments without insurance in any way.
6.4 The Consumer is responsible only for price decrease due to unneccessary handling, other than usual manipulation to establish nature, characteristics and functioning of the product.
6.5 You can not exercise the right of withdrawal if: a) lack of the original packaging; b) absence of integral elements of the product (accessories, instruction manuals); c) damage of the product (products that are not substantially intact or with any other damages, discrepancy, deterioration and/or alteration of any kind); d) custom products.
6.6 The Customer who is not a Consumer has NO right of withdrawal.
Art. 7 Governing Law and Jurisdiction
7.1 The following contract is governed by Italian Law, in particular for Consumer Client from Art. 49 and following from D.Lgs. n. 206/2005 (Consumer Code).
7.2 In the case of contract concluded with a Consumer, In accordance with Art. 66-bis D.Lgs. 206/2005, the place of residence (or domicile) of the Consumer will respond for all disputies arising from the application or interpretatin of this contract.
7.3 The European Commission has established an online platform for alternative dispute resolution that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contract. As a consequence, if you are an European Consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated this the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
Art. 8 Code of Ethics
KING-TRUCK adheres to Italian Association of Commerce available at the following link:
https://www.aicel.org/codice-etico-dei-merchant-aicel.
Art.9 Intellectual Property
The intellectual property rights relating to the site, the brand or its contents are and remain KING-TRUCK property. It is expressly forbidden copy, reproduce, modify, duplicate works from the site or the content, by way of example and not limited to fotos, images, texts, graphics, audios, videos, drawing and animations.