Please read and accept before completing the order

PURCHASE AGREEMENT

GENERAL TERMS AND CONDITIONS OF CONTRACT

Granted that:

  • Traction4x4 S.r.l. is a single-member private limited liability company, with seat in Augusta (SR), Italy, address: Via P. Umberto, 174, postcode: 96011, VAT number: 01704550894, telephone number: (0039) 0931 511514, fax: (0039) 0931 1845410, e-mail address: info@traction4x4.it
  • Traction4x4, hereafter named “Company” deals with selection, import, distribution and production of products and accessories for off-road vehicles.
  • The services are offered through the website www.traction4x4.it, hereafter named “the Site”.
  • The following general terms and conditions of contract are applied in the relations between the Company and the Customer, according to the Legislative Decree No. 21/2014.

Definitions:

For the purposes of application of these general terms and conditions of contract, it is agreed as follows:

  • Site: the website www.traction4x4.it, through which the entrepreneurial activity of Traction4x4 S.r.l. single-member private limited liability company is executed.
  • Customer: the subject who purchases goods through the Site;
  • Producer: the legal subject producing the goods put up on sale on the Site and different from Traction4x4 S.r.l. single-member private limited liability company;
  • Customer-consumer: the subject who purchases goods through the site and protected by the regulations for consumer protection (Legislative Decree No. 206/2005 and following modifications).
  • Customer-firm: the legal subject who purchases goods through the site and not protected by the regulations for consumer protection (Legislative Decree No. 206/2005 and following modifications).

Subject

The Company, in the management of its own entrepreneurial activity, offers for sale the goods and services present on the site www.traction4x4.it, with the methods specified in these general terms and conditions of contract and with the specifications indicated in the “Product details” sheet present on the order form. 

Product

It is specified that the description and photos of each product is merely indicative of its general characteristics (the characteristics may vary) and that the goods commercialized by Traction4x4 S.r.l. company are intended and sold for off road use ONLY and not for usage on the road. Any other use or application is the responsibility of the purchaser and/or user. Some modifications and installation of certain aftermarket parts may under certain circumstances void your original dealer warranty. Modification of your vehicle may create dangerous conditions which could cause serious bodily injury or death. Buyers and users of these products hereby expressly assume all risks associated with any such modifications and use. TRACTION4X4 SRL strongly recommends that all products only be installed by trained professionals.

Conclusion of the contract

The contract is considered concluded when the Customer’s acceptance, passed on by sending the digital order, arrives to the e-mail address of the Company. The Customer will receive by e-mail the confirmation of the receipt of the order and of the conclusion of the contract.

Prices

The prices indicated in the site are expressed in Euros and are inclusive of italian VAT (22%).

if you are an european company with a regular Vat number you will not pay italian vat.

if you are a not CEE customer you will not pay italian vat.

They do not include the transportation costs, that will be indicated during the order procedure. In any case the Customer will be informed about the total cost of the goods before he definitively confirms the order.

Invoicing

The invoice must be expressly required at the moment of the order and it will not be possible to issue it later, according to and for all legal purposes of the art. 22 of the decree of the President of the Republic No. 633/1972. It is necessary to provide the fiscal code and/or the VAT number in case of Customer-firm in order to allow the Company to issue the invoice. 

Methods of payment

The methods of payment accepted by the Company are the following:

  • Bank transfer - wire transfer
  • Credit card VISA AND MASTERCARD

The payment by bank transfer will be executed by the Customer, who will provide for the payment in favour of the Company, in advance and to the bank account details indicated both in phase of order and in the order copy sent to the Customer by e-mail, of the sum necessary to cover the whole cost of the order concluded through the Site.

It is necessary to indicate the order number in the reason of the bank transfer.

It is appropriate then to send a copy of the executed bank transfer to the fax number (0039) 0931 1845410 or by e-mail to info@traction4x4.it.

In case the Customer chooses this method of payment, the actual shipment of the goods will be executed only after the receipt of the actual crediting of the sum on the Company’s bank account (generally with a timing of 3-5 days).

Payment via credit card, to ensure total security of transactions, is made through SSL Web protocol (Secure Socket Layer), which allows you to encrypt your data entries. The service, done by Unicredit, uses secure protocols "VERIFIED BY VISA" for payments with the VISA credit cards, and "SECURE CODE" for the payments made by the MASTERCARD credit cards. As soon as the order is confirmed on www.traction4x4.it site, the customer will be automatically directed to the page UNICREDIT PAGO ONLINE and, in the spaces, will enter the required data (owner, number, expiration date and card code credit used) and authorize the transaction. The exchange of data in question takes place exclusively between the customer and the safe system of UNICREDIT bank online payments.

Traction4x4 srl It will in no way aware of the information related to the Customer's credit card as the payment will be directly managed by UniCredit bank. 

Delivery of goods

The average timing of delivery is indicated in the informative sheets concerning each product present on the Site.

In case of multiple purchases, the date of execution of the order will respect the longest timing of delivery in order to allow the implementation of one single shipment to the Customer.

Except for different and specific agreement between the parties, the Company binds itself to deliver the goods to the Customer-consumer forthwith and, in any case, within 30 days from the date of conclusion of the contract.

Possible delays, caused by the unavailability of the products by the Producer, cannot be ascribed to the Company.

In this case the Customer will be informed about the delay and he will be able to choose whether to keep or to cancel the order.

Athe moment of the delivery of the goods by the courier, the Customer must check:

  • That the parcel is intact, neither damaged nor wet or in any case consistent with the standard characteristics of a parcel post;
  • That the number of parcels indicated on the waybill actually corresponds to the number of the delivered parcels.

Possible objections must be immediately expressed to the courier.

In absence of it, the goods are considered as correctly delivered.

In case of delivery of parcels that are damaged, not sealed or with signs of tampering, as well as in case of missing goods, it is necessary to communicate the courier the “acceptance with a reservation” in order to recover damages.

The Customer has to:

  • express a reservation by placing, before his own signature, the words “I accept with a reservation”; in this case, once the parcel has been opened and the possible damage has been found, it will be possible to recover damages;
  • reject the damaged goods, in case either it is not possible to accept the parcel with a reservation or the damage is fully visible without opening the parcel.

The Customer has to communicate such events to the Company within five days from the receipt of the goods.

Guarantee

All the products present on the site are under the Producer’s minimum guarantee according to the law, possible ameliorative conditions are indicated in the description of the same goods.

The Company cannot be considered responsible for the execution of the guarantee supplied by the Producer; nevertheless it will do its best to obtain the Customer’s utmost satisfaction, facilitating the contacts with the manufacturing and supplying firms.

The guarantee for the products marked XT AUTOMOTIVE (by TRACTION4x4) is directly executed from TRACTION4X4 SRL company according to the law.

The guarantee in no case includes the technical intervention at the Customer’s domicile.

The goods must be sent to the seat of the Company at the Customer’s expense.

The guarantee covers the manufacturing defects ascertained by the Producer; no replacement or repairing of the product will be executed in case of errors of assembly, modifications or improper use of the goods.

In order to avail himself of the repairing under guarantee, the Customer is bound to ask the Company for the “form of Return Merchandise Authorization” (RMA), with which the return will be authorized, upon assignment of a specific number.

The “RMA form” must be filled in by the Customer and attached to the defective product, which will be shipped according to the methods indicated in the same form.

The returns not authorized by the Company will not be accepted. 

Repairings

In case of breakdown or technical problems concerning a product that is not under guarantee anymore, it is necessary to ask the Company for the “RMA form” with which the return will be authorized, upon assignment of a specific number.

The “RMA form” must be filled in by the Customer and attached to the defective product, which will be shipped according to the methods indicated in the same form.

The returns not authorized by the Company will not be accepted.

Withdrawal

Except for the case of customized products or of the other exclusions according to art. 59 of the Consumer Code, the Customer-consumer disposes of a fourteen day cooling-off period to withdraw from the contract without motivation.

The cooling-off period ends after fourteen days starting:

  • in case of contract for services, from the day of conclusion of the contract;
  • In case of purchase of goods, from the day he has received them;
  • In case of purchase of multiple goods through a single order or of one single product composed by more batches or pieces, from the receipt of the last batch or piece. 

Exercise of the right of withdrawal

Before the expiry of the cooling-off period, the Customer-consumer informs the Company about his decision of exercising the right of withdrawal from the contract by means of a written communication sent by registered letter. The above-mentioned communication can also be sent by telegram, fax or other similar means, as long as it is confirmed sending a registered letter within 48 hours. 

Effects of the withdrawal

The exercise of the right of withdrawal puts an end to the obligations of the parties.

Company’s obligations in case of withdrawal

The Company refunds all the payments received by the Customer-consumer forthwith and in any case within fourteen days from the day when it gained knowledge of the will of the latter to withdraw from the contract.

The Company makes the refund using the same method of payment the Customer-consumer used for the initial transaction.

The Company is not bound to refund the shipment costs in case the Customer-consumer has chosen a method of shipment different from the less expensive one offered by the Company itself.

Consumer’s obligations in case of withdrawal

The Customer-consumer binds himself to return the goods to the Company, forthwith and in any case no later than fourteen days from the date when he informed the Company about the withdrawal.

The costs necessary to the redelivery of the goods to the Company are at the expense of the Customer-consumer. The cost is determined by the weight and volume of the purchased goods and has to be calculated on the basis of the prices applied by the courier the Customer-consumer has chosen for the redelivery of the goods.

The Customer-consumer is responsible for the depreciation of the goods resulting from handling them differently from what is necessary to ascertain their nature, characteristics and functioning and so, in that case, the Company, in returning the sums paid by the Customer-consumer, will evaluate the actual depreciation of its own goods. 

Exclusions

The right of withdrawal is not applied in case of:

  • Lack of application of the “RMA form” issued by the Company on the exterior packaging of the shipped parcel;
  • Lack of the exterior packaging or of the original inner packaging;
  • Lack of integral parts of the product (for example but not limited to: accessories, cables, handbooks...);
  • Customized goods (printed, silk-screen printed, embroidered);
  • Goods with the application of wordings or symbols (logos) chosen by the Customer-consumer;
  • “On demand” products (indicated on the Site) expressly requested by the Customer-consumer.

Redelivery of the goods subjects of the withdrawal

The redelivery of the goods takes place exclusively under the Customer-consumer’s responsibility, therefore, in case of either loss or damage of the goods by the courier chosen by the Customer-consumer, the Company is not obliged to the refund of the price. 

Packaging

The standard packaging is the one supplied by the Producer of the ordered goods.

In case the Company does not consider it adequate for the protection of the goods it contains, the Company itself will supply a further packaging. 

Transportation costs

During the execution of the order, the transportation costs are added, calculated to the lower possible cost and in relation to the weight and volume of the purchased goods. However the Customer-consumer is informed in detail about these costs, through the electronic order form, before the order is considered definitive.

Copyrights

All the contents present on the Site are reserved, including the intellectual properties. It is expressly forbidden to modify, distribute, transmit, reproduce, publish, license, transfer or sell any piece of information taken from the Site.

Prints or downloads of the above-mentioned contents need a written authorization by the Company, except for the cases of personal filing or vision.

Each mark is property of its respective authors. 

Jurisdiction

The Customer who has neither residence nor domicile in Italy expressly declares to accept Italian law and jurisdiction for the intepretation, implementation and rescission of any possible litigation that might arise from these general terms and conditions of contract.

Court

The competence for the civil litigations concerning the implementation of these general terms and conditions of contract belongs to the judge of the place of residence or domicile of the Customer-consumer; in all the other cases (customers with VAT number or who have neither residence nor domicile in Italy) the competent court will be the one of Siracusa. 

Privacy

The Customer consents to the processing of his own personal and sensitive data, with the sole object of the implementation of these general terms and conditions of contract, that will be disciplined and protected in accordance to the Legislative Decree No. 196/2003. Privacy policy clicking here: privacy policy 

The purchaser’s obligations

The Customer binds himself, at the moment of the conclusion of the purchasing procedure on the Site, to print and keep these general terms and conditions of contract.

The Customer herein declares he has examined and accepted these general terms and conditions of contract before the conclusion of the purchase.

Exclusions

The Customer-consumer takes note that the regulations for consumer protection are not applied in case of purchases of value under € 50.00 (fifty Euros).