General conditions of Sale

These General Conditions of Sale (as defined below) govern the contractual relations between the company:

Aerotecnica Coltri SpA

Via dei Colli Storici, 177 – 25015 Desenzano del Garda (BS) – Italy
VAT no .: IT00648210987 – Cod. Tax: 01690740178 – REA: 261900
Share capital: € 1,000,000.00 (iv)
PEC: aerotecnicacoltri@pec.it

subsequently also referred to as “Seller”

And

Consumer Customers who purchase the products of the same company remotely, through the coltri.com website.

Before sending the Order, the Customer is required to carefully read these General Conditions of Sale, made available on the aforementioned website to allow them to be read, memorized and archived.

Art. 1. Acceptance of the terms of service

1.1 These General Conditions of Sale (as defined below) and any subsequent changes that may be made, apply for the purpose of using the Site (as defined below) by the Customer (as defined below) and for the purchase of the Products (as also defined below).

1.2 The purchase of Products through E-commerce is governed by these General Conditions of Sale and by the indications contained in the sections of the Site consulted by the Consumer Customer in the steps necessary for placing the order, which are to be considered an integral and substantial part of these Conditions. General Sales.

1.3 Aerotecnica Coltri SpA (“Aerotecnica Coltri”) reserves the right to modify these General Conditions of Sale without prior notice, it being understood in this regard that any changes will not have retroactive value and will enter into force immediately, starting from the moment of their publication. .

1.4 The conditions applicable to each individual order will be those displayed on the Site at the time the order is placed. Any changes to these General Conditions of Sale will be effective from the time of publication on the Site and will apply only to orders placed after said publication.

1.5 These General Conditions of Sale are drawn up in compliance with the legislation on distance contracts between professionals and consumers pursuant to Legislative Decree n. 206/2005 (“Consumer Code”), of Legislative Decree n. 70/2003 and of the Legislative Decree n. 59/2010 and subsequent amendments.

1.6 The Customer can download these General Conditions, published on 14 August 2021 from the following link https://coltri.com/condizioni-duso

1.7 The Customer must send any communication and / or complaint directed to the Seller regarding the sale through E-commerce to the following addresses:

Art. 2. Definitions

  • Except as otherwise provided in the Agreement, the following terms and expressions will have the meaning set out below: – Aerotecnica Coltri : indicates the company Aerotecnica Coltri SpA, with registered office and production unit located in via dei Colli Storici, 177 – 25015 Desenzano del Garda (BS) – Italy, REA n. 261900, VAT no .: IT00648210987 – Cod. Fiscal: 01690740178, Tel +39 030 9910301 owner of the website coltri.com and domains connected to it, e-mail info@coltri.com (general information), and at the addresses below for requests and information on e-commerce procedures, orders and shipments and complaints:

    Or at the certified email address: aerotecnicacoltri@pec.it

    Consumer Code: indicates the Legislative Decree 6 September 2005 n. 206 and subsequent amendments.

    General conditions of Sale: indicates these terms and conditions, and any subsequent amendments thereof, which regulate the use of the Site by the Consumer Customer and the contractual relationships connected with the purchase of the Products.

    Order confirmation: indicates the message sent by e-mail from the Seller with which it communicates to the Consumer Customer the acceptance of the purchase order

    Consumer or Consumer Customer: indicates the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, pursuant to art. 3, letter a) of the Consumer Code.

    Contract of Sale: indicates the document made up of these General Conditions of Sale and the Order Confirmation.

    Builder : indicates Aerotecnica Coltri SpA, in its capacity as manufacturer of the Products specifically identified as “Compressors” within the Site.

    Login credentials: indicates the “username / email address” and the “password” relating to the account of each Customer, necessary for access to the reserved area of the Site and to conclude the Contract.

    Purchase order: indicates the form sent by the Consumer Customer through the use of the Seller’s website referring to one or more products, through the order procedure indicated on the coltri.com website.

    Set off: means Aerotecnica Coltri and the Consumer Customer.

    Product (s): indicates the goods shown on the Site and made available by the Seller for purchase by the Consumer Customer through an electronic catalog

    Professional or Professional Client: indicates the Customer (natural or legal person) who acts in the exercise of his business, commercial, craft or professional activity (generally in possession of a regular VAT number), or an intermediary. If the Customer intends to conclude the sales contract for the Seller’s Products by operating as a Professional, the “You need an invoice” option must be checked on the checkout page ( coltri.com/checkout ) and fill in the mandatory fields for the invoice request.

    Site or Website : indicates the “E-SHOP” platform reachable at the following URT coltri.com/products owned by Aerotecnica Coltri SpA , dedicated to retail and distance sales

    Salesperson , indicates the company Aerotecnica Coltri.

Art. 3. Purchase Order and Sales Agreement

3.1 The Site allows you to order and purchase the Products made available on the Site by the Seller online.

3.2 The Sales Agreement consists of the provisions of the Site as compiled by the Consumer Customer during the Purchase Order phase, as well as these General Conditions of Sale. These General Conditions of Sale can be saved and printed by the Customer.

3.3 The Order Summary on the Site and these General Conditions of Sale must be accepted on the Site in order to finalize the Purchase Order and a copy of the same will be sent by e-mail to the address indicated by the Consumer Customer at the time of registration to the Site.

3.4 These General Conditions of Sale, the products and prices shown on the Site remain valid as long as they are visible on the Site and may be modified at any time without notice. All Orders are governed by the General Conditions of Sale and by the prices shown on the Site at the time the Order is placed.

3.5 All purchases of Products made through the Site by the Consumer Customer who accesses it are governed by these General Conditions of Sale, as well as by the other provisions and operating instructions contained on the Site. In the event of a conflict between the provisions of the aforementioned provisions and operating instructions and the contents of the General Conditions of Sale, the latter prevail.

Art. 4. Registration on the Site – Access credentials

4.1 The Consumer Customer must register on the Site in order to proceed with the Purchase Order of the Products.

4.2 After registration, the Consumer Customer will have access to their personal profile, which will allow them to use all the features of the Site (also called “Profile”).

4.3 The purchase of the Products is reserved exclusively for Consumer Customers who have reached the age of majority. The Customer undertakes to provide truthful data and to update them in case of modification and declares to be aware that to proceed with the purchase of the Products must be at least 18 years old.

4.4 The Consumer Customer also declares to be aware of the fact that all acts and facts with legal and / or economic effect carried out on the Site through his Profile will be attributable to him.

4.5 The Consumer Customer is required to keep the Credentials for accessing the Site with the utmost care, confidentiality and diligence, undertaking not to communicate them to others.

The Consumer Customer undertakes to immediately notify Aerotecnica Coltri of any theft, loss or loss of the access credentials or only part of them and in any case their possible unauthorized use by third parties.

The Consumer Customer is directly responsible for protecting the confidentiality of the access credentials to his Profile, which he undertakes to use personally.

4.6 The Consumer Customer also undertakes to immediately notify the Seller at the address marco.sedaboni@coltri.com , any unauthorized use of credentials to access your Profile, as well as any other fact that violates its security.

4.7 Aerotecnica Coltri will not be held responsible in any way for any damage caused by the use of the Personal Profile or the access credentials to the Personal Profile of the Consumer Customer by third parties, with or without the authorization of the Customer and regardless of whether the latter is aware of it.

4.8 For more information on the obligations of the Consumer Customer in using the Site and the credentials connected to his account, on the Seller’s exemptions from liability with regard to the use of the Site and on the intellectual property of the contents published on it, please refer to the General Navigation Conditions of the Site, available at the following link https://coltri.com/note-legali/

Art. 5. Parties to the contract

Parties to the contract are Aerotecnica Coltri and the Consumer Customer, whose personal data are indicated in the Order Confirmation sent by the Seller: it forms an integral part of the Sales Contract.

Art. 6. Object of the contract

6.1 These General Conditions of Sale govern the purchase, made by Consumer Customers, of the Products referred to in the electronic catalog made available on the website ww.coltri.com, section B2C (Business to Consumer).

6.2 These General Conditions of Sale not apply to contracts concluded with Professional Clients, to which the B2B (Business to Business) section of the Site is reserved. In the event that a Professional Customer should in any case conclude the sales contract with the Seller through the B2C section, the rules for the protection of the Consumer Customer provided for by the Consumer Code will in no case be applicable in his favor.

6.1 These General Conditions apply to all purchases made starting from August 14, 2021.

Art. 7. Purchase procedure and conclusion of the Contract

7.1 The Consumer Customer can purchase one or more Products present in the electronic catalog of the Site (illustrated and described in the respective information sheets) by inserting them in the “cart” and respecting the technical procedures for accessing the Site.

7.2 The publication and description of the Products on the Site constitutes an invitation to the Consumer Customer to formulate a contractual purchase proposal to the Seller. Before the actual sending of the order, the Customer is shown a page that summarizes, among other things, the selected Products, their price and any delivery costs. The General Conditions and the privacy policy are visional, can be saved and printed before sending the order.

7.3 The order sent by the Consumer Customer has the value of a contractual proposal and, by sending this order, the Consumer Customer acknowledges having complete knowledge and fully accepting these General Conditions of Sale. The Consumer Customer is invited to print and keep the order summary that will be sent to him via email by the Seller.

7.4 The Seller has the right to accept or not, at its discretion, the order sent by the Consumer Customer, without the latter being able to make claims or rights of any kind, for any reason, in the event of non-acceptance of the Order. The acceptance of the Customer’s proposal is confirmed by the Seller by means of an order confirmation e-mail to the e-mail address communicated by the Consumer Customer during registration on the Site. The Purchase Agreement stipulated between the Seller and the Consumer Customer is considered concluded with the sending of the order confirmation, in any case without prejudice to the verification referred to in the following art. 7.5.

7.5 The Consumer Customer acknowledges that the order confirmation pursuant to art. 7.4 above is sent following an automated check; if, when preparing the order, the Seller finds any errors in the catalog and / or in the order relating to the price and / or characteristics and / or availability of a Product, it will promptly notify the Consumer Customer in in order to agree on the modification or cancellation of the order.

7.6 The Consumer Customer, as a “consumer”, can exercise the right of withdrawal within the terms and conditions of the law. In this regard, reference is made to articles 22 (“Right of withdrawal of the Consumer Customer”) and 22.6 (“Cases of exclusion of the right of withdrawal”) of these General Conditions of Sale.

7.7 The Consumer Customer acknowledges that some products published on the Site may not lend themselves to being returned, if: – personalized, – sealed and opened after delivery, – by their nature intended to be inseparably mixed with other goods, after delivery. Therefore, certain rights of the Consumer Customer may be limited.

Art. 8. Description and photographic representation of the Products

8.1 The photographic representation of the Products on the Site, also via video, where available, corresponds to a standard Product of the same type and / or its packaging. This representation has the sole purpose of illustrating and presenting the Products for sale, without any guarantee and / or commitment, by the Seller regarding the exact correspondence of the image depicted on the Site with the Products that will be delivered to the Consumer Customer.

8.2 In the event of a difference between the image and the product sheet or the descriptive texts of the Products, the description of the Product sheet published on the Site will prevail.

Art. 9. Availability of Products

9.1 The Consumer Customer can only purchase the Products present in the catalog published on the Site and in the quantities indicated therein. The prices and availability of the Products, as shown on the Site, are subject to change at any time and without notice.

9.2 The Site highlights the Products available for shipment. The Consumer Customer acknowledges that, due to the possible simultaneous access to the Site by multiple users and the time elapsing between the loading of the web page and the insertion in the cart, the actual availability of the individual Products could vary significantly during the same day with respect to the indications given on the Site.

When the order proposal is sent by the Consumer Customer, the computer system of the Site checks the actual availability of the Products purchased and warns him of any unavailability of one or more Products, before the Consumer Customer makes the payment.

9.3 The Seller undertakes to fulfill its obligations in the ways and terms set out in art. 12 of these General Conditions of Sale; should the delivery times of the ordered Products be delayed with respect to those indicated on the Site before the order, the Seller undertakes to promptly notify the Consumer Customer via an e-mail message to the address indicated by the latter during purchase of the Products. Should it not be possible, for any reason, to proceed with the delivery of the Products ordered in compliance with art. 12 of these General Conditions of Sale, the Seller reserves the right to notify the Consumer Customer of the cancellation of the order.

Art. 10. Product prices and delivery costs

10.1 The Consumer Customer will pay the Seller the requested price for the Products purchased, according to the times and methods indicated on the Site and summarized on the order confirmation page.

10.2 All Product prices, as well as any other charges and expenses indicated on the Site are expressed in euros and are inclusive of VAT.

In the event that the price of a Product is discounted compared to the ordinary one, the discount percentage, the original or ordinary price and the final price will be indicated.

In the event that a Product should show different prices in different sections of the Site, the price for the purchase by the Consumer Customer must be understood as the one visible on the detail page of the product itself.

10.3 The price of the Products purchased by the Consumer Customer is the one calculated at the time of the order summary, without any consideration of price increases or decreases, even for promotions, which may have occurred after the order has been placed or terminated prior to such forwarding.

10.4 Shipping costs are currently free for orders whose amount is equal to or greater than € uro 150 (one hundred and fifty / 00) for deliveries in Italy and equal to or greater than € uro 300 (three hundred / 00) for deliveries to the rest of the world. . For orders equal to or less than:

  • € uro 9.99 (eighteen / 00) VAT included, shipping costs in Italy.
  • € uro 14.00 (twenty-eight / 00) VAT included, shipping costs to Austria, Belgium, Germany, Luxembourg.
  • € uro 20,00 (forty / 00) VAT included, shipping costs to Croatia, Denmark, Finland, Greece, Ireland, Portugal, Sweden, Bulgaria, Cyprus, Estonia, Latvia, Lithuania, Malta, Czech Republic, Romania, Slovakia , Hungary.
  • € uro 24.00 (forty-eight / 00) excluding VAT, shipping costs to Norway, Switzerland, Turkey, Ukraine.

To view the delivery costs abroad, it is possible to consult the table “Shipping abroad”, shown in Annex I to these General Conditions of Sale.

10.5 The amount of shipping and delivery costs, where due, is indicated on the summary page of the order shown to the Consumer Customer before sending the order.

Art. 11. Phases and methods of the Order procedure on the Site

11.1 Order procedure

11.1.1 The Consumer Customer who wishes to purchase a Product on the Site must access their Profile.

After accessing the Site in the manner described in the Terms of Use of the Site itself, the Consumer Customer must follow the guided procedure and enter the information requested in the appropriate fields of the Site.

11.1.2 The Consumer Customer can only purchase the Products present on the Site and in the quantities indicated therein. The prices and availability of the Products, as shown on the Site, are subject to change at any time and without notice. The User acknowledges that, due to the possible simultaneous access to the Site by multiple users and the time elapsing between the loading of the web page and the insertion in the cart, the actual availability of the individual Products may vary. The Site verifies the actual availability of the Products purchased and warns the Consumer Customer of the possible unavailability of one or more Products before the conclusion of the order procedure.

11.1.3 The Consumer Customer must select the desired Products, one at a time, by inserting them in the cart configured by the Seller, using the “Buy Now” button. At the end of the guided procedure on the Site, the Products thus selected will constitute the object of the order which will be sent electronically to the Seller.

Before forwarding, the Consumer Customer will check the summary of the order, which indicates the Products placed in the cart, the price with any shipping costs and ancillary charges, the methods of delivery, transport and payment and any other particular condition selected in order phase.

Once the above operations have been completed, regardless of the type of payment chosen, the Consumer Customer will be asked to read and approve, by selecting a specific check-box.

11.1.4 By placing the order, the Consumer Customer undertakes to pay the price and any additional costs and charges indicated in the summary.

11.1.5 The quantity of each of the Products indicated in the Order is intended as the maximum quantity and is therefore permitted to the Seller, in the event of unavailability of the Products, to deliver quantities lower than that indicated in the Order. In the latter case, the Seller will charge the Price for the quantities of Products actually delivered and will be released from any further obligation with regard to the missing quantities.

The Seller will not be in any way responsible for the temporary or definitive unavailability of one or more Products. In the event of unavailability, even temporary, of the Products included in the Order, the Seller undertakes not to charge the corresponding price to the Consumer Customer.

11.1.6 The Seller will be bound by the order of the Consumer Customer only if forwarded through the correct procedure indicated on the Site, without any indication of error messages and until its completion. In the event of a malfunction in the order processing and forwarding procedure, the Seller undertakes to promptly notify the Consumer Customer of the impediment and to remedy it, clearly communicating whether the order should be considered canceled.

11.2 Receipt of the order

11.2.1 Following the payment, the Consumer Customer will receive by email a receipt of the order forwarded through the Site, containing the list of the Products purchased and their essential characteristics, the price, tax and accessory charges and any shipping costs, the deadline delivery as agreed in the order, the general and particular conditions applicable to the order itself, the means of payment selected, the methods of withdrawal.

11.2.2 The sales contract is concluded when the consumer customer sends his order and receives the order receipt from the seller.

11.3 Cancellation and modification of the order

11.3.1 The Consumer Customer can modify the order and cancel it according to the timing indicated in the order receipt.

11.3.2 The Seller, following unforeseen logistical and organizational difficulties, may cancel the order by notifying the Consumer Customer via e-mail or, subject to agreement with the same, change the day of delivery.

11.4. Archiving of orders

The Seller will keep all orders received from the Consumer Customer in digital or paper format, according to adequate criteria of confidentiality and security. For any copies or other requests in this regard, the Consumer Customer may contact the Seller at the following addresses:

The Consumer Customer is however invited to file the order receipts on an appropriate durable medium, in addition to these General Conditions of Sale.

Art. 12. Shipping and delivery times

12.1 The Seller will process the order (when goods are available) normally within 24 hours (except weekends and holidays) from the day of receipt of the order. In particular, orders received before 10:00 are approximately processed in the afternoon of the same day, while those received after 10:00 are approximately processed the following day.

12.2 With the fulfillment of the order, the Seller entrusts the Products to the courier or forwarder to be sent to the address indicated by the Consumer Customer, summarized in the order confirmation. Deliveries by ground transport take place approximately within the following 24/48 hours (excluding weekends and holidays) for Italy and approximately within the following 48/72 hours (excluding weekends and holidays) for Europe. .

12.3 The terms of evasion and delivery referred to in the previous art. 12.1 must be understood as indicative and in no way binding for the Seller; no responsibility can therefore be charged by the Consumer Customer to the Seller in the event that the Products are not delivered according to the aforementioned indicative terms.

In compliance with current legislation, the Seller undertakes in any case to deliver the Products to the Consumer Customer within 30 days from the date of conclusion of the contract.

12.4 Delivery times refer to the Products in the warehouse at the time of the purchase order.

12.5 No responsibility can be attributed to the Seller for delays in the delivery of the goods due to unforeseeable circumstances or force majeure, as well as in the event of strikes, atmospheric events, special holidays, warehouse inventories, transfers of headquarters, changes to information systems, health epidemics and others. extraordinary events; they are suitable to cause times longer than the indicative ones in the fulfillment of orders, even on the order of several days.

In any case, should the delivery times of the ordered Products be delayed with respect to the delivery times indicated on the Site before the order, the Seller undertakes to promptly notify the Consumer Customer via an e-mail to the address indicated by the latter when ordering or connected to your Profile.

12.6 The delivery of the Products will be made in the manner and at the address indicated in the order receipt.

Art. 13. Terms of payment

13.1 General conditions

13.1.1 The payment of the amount owed by the Consumer Customer in execution of the Contract, as summarized at the time of placing the Order, if the delivery takes place in Italy, can be made in the following ways: (i) by credit card or PayPal; (ii) advance bank transfer; (iii) cash on delivery.

It should be noted that payment by credit card is reserved for Consumer Customers with an address of residence in Italy.

If cash on delivery (cash on delivery) is chosen as the payment method, the extra supplements are indicated in art. 13.4 below.

13.1.2 For purchases from abroad, only payments via PayPal and advance bank transfer are allowed.

13.1.3 All PayPal transactions are subject to the PayPal Privacy Policy.
13.1.4 The Consumer Customer is required to choose, at the time of the conclusion of the Purchase Agreement, the chosen payment method

13.1.5 In case of questions on payment methods, the Consumer Customer can contact the Seller at the following telephone number +30 030 9910301 or at the e-mail addresses:

13.1.6 For the purposes of fraud protection, a check of the Order may be carried out and, in this context, the Customer may be contacted in order to justify his identity.

13.2 Payment by credit card or PayPal

13.2.1 If the Consumer Customer proceeds to purchase the Products with payment by credit card or PayPal, the information relating to the buyer’s credit card will be transmitted and managed by a third party (“Intermediary”), via a secure connection directly to the website. of the Intermediary managing the transaction. The accepted circuits are indicated on the Site before sending the order.

13.2.2 The payment procedure by credit card takes place using a secure connection, in which the Consumer Customer will find the indication of the order amount and must indicate the type, number and expiry date of the credit card. Additional data or security codes may be requested in some cases by the Intermediary (such as, by way of example and not limited to, for the MasterCard SecureCode and Verified by Visa security services). The indication of a landline telephone number is always required where the Customer can be contacted.

13.2.3 In order to protect the customer’s safety to the maximum degree, the Seller never gets to know the credit card number, which is received only by the banking institutions that must provide the authorization. The Seller is only notified of the outcome of the transaction.

13.2.4 In the event that the Consumer Customer chooses the ‘Save for next time’ solution together with the credit card payment method, the credit card number (PAN, primary account number) is not fully saved and therefore for the website PCI-DSS compliance is not required. If the card is saved, on the next order it will be possible for the Customer to use the same credit card saved previously, or to choose a different card.

13.3 Payment by advance bank transfer

13.3.1 In case of purchase with payment by bank transfer, in explicit exception to art. 12 of these General Conditions (“Shipping and delivery times”), the order will be processed after the actual receipt of the sum. The purpose of the bank transfer must include the order number and the personal details of the Consumer Customer. The Consumer Customer must send a copy of the bank account to the Seller to one of the following email addresses:

13.3.2 The bank transfer must be made by the Consumer Customer within 10 (ten) working days from the acceptance of the order by the Seller, under penalty of cancellation of the Order.

13.3.3 The data for payment by bank transfer are as follows:

UNICREDIT SpA

COD. IBAN
IT98O0200811200000004439474
 
COD. BIC (SWIFT)
UNCRITM1090
 
COD. CIN
OR
 
EVALUATE
EUR
 
CITY (BANK)
BRESCIA
 
COUNTRY
ITALY
 
BANK ACCOUNT
4439474
 
ACCOUNTHOLDER
AEROTECNCA COLTRI SPA

 

DEUTSCHE BANK SpA

COD. IBAN
IT12S0310454460000000820268
 
COD. BIC (SWIFT)
DEUTITM1448
COD. CIN
S.
 
EVALUATE
EUR
 
CITY (BANK)
DESENZANO DEL GARDA
 
COUNTRY
ITALY
 
BANK ACCOUNT
820268
 
ACCOUNTHOLDER
AEROTECNCA COLTRI SPA

The data to make the transfer are also contained in the order confirmation email.

13.3.4 The expenses that the Consumer Customer will eventually have to pay to their credit institution to make the transfer will not be attributable in any way to the Seller; in this sense, the Consumer Customer is requested to inquire in advance at his credit institution about the costs he will have to incur to make this type of payment.

Art. 14. Constructive changes

14.1 The Manufacturer reserves the right to make changes to the Products ordered by the Consumer Customer and / or their components, with the aim of improving the quality and safety of the Products themselves, the protection and safeguarding measures of the environment as well as performance (the ” Improved Changes “); as such, the Improved Changes cannot be objected by the Consumer Customer at the time of delivery of the Products, even if not previously communicated to the same, and they cannot represent a breach by the Seller of its obligation to deliver to the Customer a Product that conforms to the one ordered.

14.2 The Manufacturer also reserves the right to make any changes to the Products ordered by the Consumer Customer and / or their components, other than an Improved Change, which derives from the normal industrial process and from the constant evolution and rationalization of production processes and which is in any case such as not to alter the relevant characteristics of the ordered Product (the “Non-Significant Changes”); also in this case, as such, the Non-Significant Changes cannot be objected by the Consumer Customer at the time of delivery of the Product, even if not previously communicated to the same, and cannot represent a breach by the Seller of its obligation to deliver to the Consumer Customer. a Product that conforms to the one ordered. Any Non-Significant Change, as it constitutes a minor lack of conformity with respect to the overall characteristics of the Product delivered, does not give the right to terminate the purchase contract of the Product, pursuant to and for the purposes of art. 130, paragraph 10 of the Consumer Code.

Art. 15. Transport and invoicing documents

15.1 For each Purchase Agreement completed through the Site, the Seller will issue an invoice or receipt for the Products that will be shipped.

15.2 The information provided by the Consumer Customer at the time of the order will be used for the eventual issue of the invoice. The Consumer Customer assumes all responsibility for the correctness of the aforementioned information; no change in the invoice will be possible after its issue.

Art. 16. Delivery of products

16.1 Unless otherwise communicated to the Consumer Customer by the Seller, the delivery of the Products is intended at street level.

16.2 In order to deliver the ordered Products, the presence of the Consumer Customer or his representative is required in the place indicated in the Order Confirmation, in order to accept the shipment. Courier delivery times are usually between 8:30 and 19:00. In case of absence of the Consumer Customer (or his representative), the shipper will leave a notice with the indications to be able to agree on a different delivery date.

16.3 If the delivery does not take place for reasons attributable to the Consumer Customer (for example, for his absence and / or for his lack of contact with the courier in order to agree on an alternative date in case of previous unavailability) he is required to pay the return costs. supported by the Seller.

Art. 17. Verification operations upon delivery of the products

17.1 At the time of delivery of the Products by the shipper appointed by the Seller, the Consumer Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document on the packaging and that the packaging itself is intact, not damaged or otherwise altered, even in the closing materials, checking with particular care for any signs that indicate possible damage to the goods sent.

17.2 Under penalty of forfeiture, any damage to the packaging and / or the Products and / or the mismatch in the number of packages and / or indications must be immediately challenged by the Consumer Customer, who must declare, in writing, to the person in charge of delivery of the products, that they are accepted “subject to control” or indicating that they are “damaged”: failing this, no claim will be accepted. The Consumer Customer also undertakes to promptly report, and in any case no later than 24 hours from the date of delivery, to the Seller (by e-mail or registered letter with acknowledgment of receipt to the address referred to in art. General Conditions of Sale) any and all problems concerning the integrity, correspondence and / or completeness of the Products received, under penalty of forfeiture.

Art. 18. Force majeure and facts of third parties

18.1 The Seller is not liable for cases of force majeure, unavailability of means of transport, facts of third parties, unforeseeable or inevitable events that cause a delay in deliveries and / or make deliveries difficult or impossible or cause a significant increase in the cost of delivery.

18.2 In the cases referred to in the previous art. 18.1 the Seller reserves the right to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Agreement. In this case, the Seller undertakes to provide timely and adequate communication of its decisions to the e-mail address indicated by the Consumer Customer, who will be entitled to a refund of any price already paid, excluding any further claim, for any reason, in the towards the Seller, also by way of mere reimbursement and / or compensation.

18.3 The causes that delay the manufacturing, distribution or repair process, such as work suspensions, trade union unrest, unexpected and unpredictable insufficiency of the Manufacturer’s production capacity, act as justifications for any delays in the fulfillment of the agreed obligations, suspensions in transport or energy supplies, public authority measures, natural disasters, health epidemics, or other causes due to force majeure or unforeseeable circumstances, occurring at the Manufacturer or at its suppliers or during transport or, finally, at the Seller and such as to be beyond the control of such subjects.

Art. 19. Seller Warranties

19.1 Warranty for defects

19.1.1 The Seller guarantees the Products against manufacturing defects for a period of 2 years from the date of delivery. This guarantee consists in the Seller’s obligation to restore the efficiency, by means of free replacement or repair, of the unusable or inefficient parts due to factory defect. Repairs under warranty are free, are carried out in the manner illustrated in the Warranty and Assistance Booklet with which the Product is equipped and include: (1) repair or replacement of the defective part, (2) labor for replacement or repair services and (3) supply of consumables required to perform warranty repairs.

19.1.2 The warranty does not cover defects or malfunctions caused or aggravated by:

  • modification or disassembly of the Product carried out outside the Manufacturer’s official assistance network;
  • normal wear and tear or failure to carry out the minimum maintenance interventions prescribed by the Manufacturer in the Use and Maintenance and / or Warranty and Assistance Booklet, with which the Product is equipped;
  • modification of the Product without the prior authorization of the Manufacturer;
  • neglect, improper use, repair and / or maintenance of the Product carried out with non-original spare parts (i.e. with spare parts not coming from the Manufacturer) or of a quality not equivalent to original spare parts, repairs and / or maintenance carried out not in a workmanlike manner, late report of the defect with respect to the terms established by law.

19.1.3 The warranty is void if the anomaly has not been reported within two months from the date on which the Consumer Customer discovered this anomaly.

19.2 Legal guarantee of conformity

19.2.1 In addition to the guarantee provided for defects in the thing sold in accordance with the provisions in force, up to two (2) years from the delivery of the Products, the Seller is liable to Consumer Customers, pursuant to articles 129 and ss. of the Consumer Code, of any lack of conformity of the Products existing at the time of delivery.

19.2.2 The lack of conformity is considered to exist if the Product:

  • it is not suitable for the use for which goods of the same type are normally used;
  • does not conform to the description made by the Seller or does not possess the qualities referred to in the sample or model possibly presented to the Consumer Customer;
  • does not present the usual qualities and performances of a good of the same type, which the Consumer Customer can legitimately expect, taking into account the nature of the good and, where appropriate, the public declarations on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or its agent or representative, in particular in advertising or on labeling;
  • it is not suitable for the particular use desired by the Consumer Customer that has been brought to the attention of the Seller at the time of the conclusion of the contract and which the Seller has accepted also for conclusive facts.

19.2.3 The Consumer Customer loses the right to avail himself of the guarantee of conformity if he does not report the relative defect to the Seller within two (2) months from the date on which he discovered it.

19.2.4 Failures or malfunctions or defects caused by accidental events or by the responsibility of the User or by a use of the Product that does not conform to its intended use or to the provisions of the technical documentation attached to the Product are excluded from the scope of this legal guarantee.

19.2.5 In the event of an ascertained lack of conformity, if promptly reported, the Consumer Customer has the right to restore, without charge, the conformity of the Product by repair or replacement, unless the requested remedy is objectively impossible or excessively burdensome compared to the other. The remedy is considered “excessively burdensome” when it requires the Seller to incur unreasonable expenses with respect to the alternatives, taking into account the value that the Product would have if there were not the ascertained lack of conformity, the extent of this defect, the possibility that the alternative remedy can be carried out without significant inconvenience for the Consumer Customer.

Specifically, the Seller will make every diligent effort to replace at its own expense, with other equivalent products available at its warehouses, those Products delivered that are damaged or defective, provided that they have been returned by the Consumer Customer in the original packaging (complete of all the parts that compose it). If the replacement with the same Product is not possible, the Seller will reimburse the Consumer Customer the amount paid for the Product found to be defective, expressly excluding any further liability, for any reason whatsoever.

19.2.6 The Consumer Customer can request, at his choice, an appropriate price reduction or the termination of the contract if one of the following situations occurs:

  1. a) repair and replacement are impossible or excessively expensive;
  2. b) the Seller has not repaired or replaced the goods within a reasonable period;
  3. c) the replacement or repair previously carried out has caused him considerable inconvenience.

19.2.7 A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the Contract.

19.2.8 The cases of exclusion and limitation of the guarantee are explained in the following art. 20 (“Exclusions and limitations of the guarantee”).

19.3 Further conventional guarantee for the Consumer Customer

Art. 20. Warranty Exclusions and Limitations

20.1 The shipping costs of the Products by the Consumer Customer to the Seller for assistance will be entirely borne by the Consumer Customer, while those relating to the return will be entirely borne by the Seller.

20.2 The guarantees referred to in Articles 19.1 (“Warranty for defects”), 19.2 (“Legal guarantee of conformity”), and 19.3 (“Additional conventional warranty for the Consumer Customer”) are excluded if the Consumer Customer has damaged the Products for his own willful or negligent conduct, or in any case if, due to his negligence and / or carelessness and / or for other reasons not attributable to the Seller, he has damaged and / or made the Products defective, and / or exposed them to natural events and / or has used them improperly and / or without following the technical instructions indicated in any manuals and instructions for use, and / or has carried out and / or had repairs, interventions or tampering carried out by personnel not authorized by the Seller, and / or has omitted the necessary maintenance, and / or has mistakenly guarded. The warranty is also excluded if the defects and / or faults and / or malfunctions derive from a use of the Products other than that referred to in the Contract and / or for which they were designed and manufactured, or in cases of normal wear or deterioration of parts. consumables.

20.3 If the Seller finds that any flaws or defects in one or more Products returned by the Consumer Customer are attributable, directly or indirectly to the latter, the latter will be required to pay the verification costs incurred for this purpose, as well as, by way of derogation from the provisions of the previous art. 20.1, to the reimbursement of costs relating to the return.

Where applicable, the Seller, on its own initiative or at the request of the Consumer Customer, may also send them a quote for the repair of the returned Products damaged.

Art. 21. Cancellation of the Order

21.1 The Consumer Customer will have the right to freely cancel his Order, without reason and without penalty, at any time from the conclusion of the Order on the Site until the shipment of the Product, provided that he informs the Seller by e-mail sent to the e-mail address. e-mail communicated at the time of the Order, indicating your data, the date and the number of the Order.

21.1 The cancellation of the Order will be effective upon receipt by the Customer of an e-mail communication sent automatically by the Site. In this case, the Seller will return the amount paid by the Consumer Customer, using the same payment method used by the Consumer Customer or separately agreed with them.

Art. 22. Consumer Customer’s right of withdrawal

22.1 The Consumer Customer has the right to withdraw, even partially, from the Order and from these General Conditions of Sale concluded online without having to provide any reasons, within fourteen (14) days from the date of receipt of the Products.

22.2 The Consumer Customer will have to bear the cost of returning the Products in the event that the latter, by their nature, cannot normally be returned by post.

22.3 To exercise the right of withdrawal, the Consumer Customer is required to inform the Seller, by means of an explicit declaration to be sent, under penalty of forfeiture, within 14 days from the delivery of the Products, in the following ways:

– by e-mail via the e-mail address used to place the Order, directly to the Seller’s e-mail address indicated in the previous art. 2,

that is to say

– by registered mail with return receipt, certified e-mail or fax to the addresses of the Sellers also indicated in the previous art. 2.

22.4 The notice of withdrawal must also contain a description of the Products for which the right of withdrawal is to be exercised, specifying the order number.

To this end, the Consumer Customer can also use the withdrawal form shown in Annex II to these General Conditions of Sale.

22.4 In order for the withdrawal period to be respected, the Consumer Customer must send the communication relating to the exercise of the right of withdrawal before the expiry of the period referred to in the previous art. 22.1 to exercise the withdrawal.

22.5 Effects of withdrawal

22.5.1 The return of the Products must take place without delay and in any case within 14 (fourteen) days from the date of sending the notice of withdrawal to the Seller by courier or other postal service, to the following address: Aerotecnica Coltri SpA, Via del Colli Storici, 177 – 25015 Desenzano del Garda (BS) – Italy.

The Products must be accompanied by the relative user manual and the guarantee certificate, where applicable.

The Seller prescribes the adoption of every possible precaution in the shipment of the Products, using the original packaging of the goods, or an equivalent suitable to preserve its integrity.

22.5.2 If the Consumer Customer exercises the withdrawal in accordance with the methods described in this art. 22, the Seller will reimburse the sums paid by the same, including delivery costs (with the exception of the additional costs deriving from its possible choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), within 14 days from the date in which it became aware of the exercise of the right of withdrawal by the same Consumer Customer.

The reimbursement may be suspended until the Products are received, or until the Consumer Customer demonstrates that they have returned the same, whichever is earlier.

22.5.3 The reimbursement in favor of the Consumer Customer will be made using the same payment method used by the latter for the initial transaction, unless he has expressly agreed otherwise; in any case, the Consumer Customer will not have to incur any costs as a consequence of this reimbursement.

22.5.4 The Consumer Customer will be responsible for the decrease in value of the returned Product resulting from manipulation other than that necessary to establish the nature, characteristics and functioning of the Product itself.

22.6 Cases of exclusion of the right of withdrawal

22.6.1 The right of withdrawal in favor of the Consumer Customer is excluded if the Products are:

  • made to measure and / or clearly personalized;
  • are likely to deteriorate or expire rapidly;
  • are sealed goods which, opened after delivery, do not lend themselves to being returned for hygienic reasons or related to health protection;
  • the goods, after delivery, are, by their nature, inseparably mixed with other goods.

22.6.2 The Professional Client cannot, under any circumstances, benefit from any right of withdrawal.

Art. 23. Changes

23.1 The Seller may modify, at any time and without notice, the content of these General Conditions of Sale.

Any changes made will take effect from the date of publication on the Site, as declared in the heading of the General Conditions themselves.

23.2 In case of changes, unless otherwise expressly agreed between the Seller and the Consumer Customer, for contracts already concluded, the General Conditions in force at the time of signing the Contract remain valid.

Art. 24. Intellectual Property Rights

24.1 The Consumer Customer declares to be informed that all trademarks, names, as well as any distinctive sign, intellectual work, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Aerotecnica Coltri and / or its successors in title, without the Consumer Customer having any right to the aforementioned rights, including industrial property rights, from accessing the Site and / or purchasing the Products.

24.2 The Contents present on the Site cannot be reproduced, either in whole or in part, or transferred by electronic or conventional means, modified and / or used in any form and for any purpose, without the prior written consent of Aerotecnica Coltri.

Art. 25. Treatment of personal data

25.1 In order to proceed with the registration and use of the Site for the purchase of the Products, some personal data are requested from the Consumer Customer, through the “E-SHOP” platform. The Consumer Customer acknowledges that the personal data provided will be recorded and used by Aerotecnica Coltri in accordance with the provisions of Legislative Decree n. 196/2003 – as amended by Legislative Decree. 101/2018 – by EU Regulation 2016/679, as well as by any other applicable law regarding the processing of personal data (hereinafter, jointly, “Privacy Law”), to implement the registration and use of the Site for purchase of the Products and, subject to your express consent, for marketing and / or profiling purposes and for any further activities as indicated in the specific privacy policy provided to the Consumer Customer through the “E-SHOP” platform at the time of registration.
Specifically, the Seller will process the personal data of the Consumer Customer in compliance with the current legislation on privacy, as better specified in the information published in the following section of the Site coltri.com/privacy-policy/
25.2 The information on the processing of personal data is made available on the Site and in any case can be viewed and stored at any time before the conclusion of the Contract.

25.3 The Consumer Customer declares and guarantees that the personal data provided to the Seller during the registration process are correct and truthful.

25.4 The Consumer Customer may at any time update and / or modify their personal data provided to Aerotecnica Coltri through the appropriate “Profile” section of the “E-SHOP” platform accessible after authentication.

25.5 For any further information on the methods of processing the personal data of the Consumer Customer, please access the Seller’s Privacy Policy section available on the “E-SHOP” platform.

Art. 26. Complaints and assistance

26.1 A customer service is available for any request for information or complaint relating to these General Conditions of Sale:

26.2 Complaints will be processed by the Seller as soon as possible; the Consumer Customer will receive a reply within 5 (five) working days from the report.

Art. 27. Complementary agreements

Any additional agreements or derogations from the conditions contained in the Order and in the relative Order Confirmation will be binding only if duly agreed in writing.

Art. 28. Applicable law – Alternative dispute resolution – Jurisdiction

28.1 The Site, the Order and these General Conditions of Sale are governed by Italian law and are drawn up in Italian.

28.2 In the event that it is not possible to resolve a dispute between the Consumer Customer and the Seller following a complaint presented directly by the Consumer Customer, the latter has the right to access the European Online Dispute Resolution platform (the European ODR Platform). The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales or online service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (“alternative dispute resolution”) body that has joined it, which can be selected from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this Agreement, the Consumer Customer can access the following link: http://ec.europa.eu/odr .

The Seller’s e-mail address to be indicated in the European ODR Platform is as follows: aerotecnicacoltri@pec.it

28.3 Regardless of the outcome of the out-of-court settlement procedure of any dispute established, the Consumer Customer’s right to appeal to the Judicial Authority remains in any case.

28.4 Without prejudice to the provisions of the mandatory laws in force in the country of residence of the Consumer Customer, any disputes that may arise regarding the application, interpretation and execution of the Contract will be exclusively devolved to the Court of Brescia.

28.4 Disputes with Consumer Customers residing outside the Italian territory are devolved to the jurisdiction of the Court of Brescia, as the Judge of the place where the Contract was concluded and executed.