Terms and Conditions

1. General / Conclusion of Contract

Purchase contracts do not require written confirmation by ITALDRIVE

2. Prices and Payment Terms

a) The list prices at the time of the order apply to the delivery.

b) Our prices include VAT. Amounts are in Euros.

c) Our invoices are due immediately and payable net without deduction. A payment is only considered to have been made when ITALDRIVE can dispose of the amount. In the event of late payment, we are entitled to charge default interest at a rate of 3% above the respective base interest rate of the ECB according to the Discount Transition Act. Bills of exchange or checks are only accepted by agreement and for the purpose of fulfillment and are only considered payment after their encashment. Discount and collection charges are borne by the customer. We assume no liability for timely presentation.

d) The buyer is only entitled to rights of retention if his counterclaim is based on the same contractual relationship and has been legally established or recognized by us.

3. Delivery Period

a) The agreed delivery period begins with the undisputed or confirmed order.

b) Delivery delays caused by legal or official orders (e.g. import and export restrictions) for which we are not responsible, extend the delivery period according to the duration of such obstacles. We will inform the buyer immediately of their beginning and end in important cases.

c) If we are in default of delivery, our liability for damages in the event of slight negligence is limited to the foreseeable damage. Further claims for damages only exist if the delay is due to intent or gross negligence.

4. Delivery, Shipping, Transfer of Risk

a) Partial deliveries by us are permissible, as far as this is reasonable for the buyer.

b) We can determine the shipping method, shipping route and the company commissioned with the shipping at our discretion, unless the buyer gives express instructions.

c) The risk passes to the buyer as soon as the shipment with the delivery items is handed over by the post office to the buyer. The buyer must immediately report both obvious and any detected transport damage to the delivery agent at the post office and then also inform ITALDRIVE of this in order to assert claims.

5. Right of Withdrawal for Distance Contracts

A right of withdrawal applies within the framework of the Distance Selling Act. Among other things, it regulates the right of withdrawal for consumers. Regardless of this law, Italdrive offers as standard: "Money back, exchange or replacement of ordered goods if not satisfied."

6. Returns on Goodwill / Refusal of Acceptance

a) Italdrive reserves the right to accept returns of deliveries on grounds of goodwill. A fundamental prerequisite for this is the condition of the goods.

b) If a buyer does not accept the sold goods, we are entitled, at our discretion, to insist on acceptance or to demand 10% of the purchase price as liquidated damages and expense reimbursement, unless the buyer proves that no damage or damage of a lesser amount has occurred. In the event of unusually high damage, we reserve the right to assert this.

7. Retention of Title

We retain ownership of the purchased item until full payment of all claims arising from the delivery contract, including ancillary claims (e.g., exchange costs, financing costs, interest, etc.). In the event of breach of contract by the buyer, we are entitled to reclaim the purchased item.

8. Disclaimer

a) We assume no warranty for defects and damages resulting from unsuitable or improper use, non-observance of application instructions or faulty or negligent handling. This applies in particular to incorrect or insufficient storage of the goods.

b) Obvious defects must be reported in writing immediately, but no later than ten working days after receipt of the delivery; otherwise, all warranty claims for these are excluded. In commercial transactions, §§ 377, 387 HGB (German Commercial Code) apply additionally.

c) If there is a justified defect in the purchased item, we are obliged to provide a replacement. This disclaimer does not apply in cases of intent or gross negligence.

d) Unless expressly agreed otherwise, further claims of the buyer – regardless of the legal reason – are excluded.

The foregoing exemption from liability does not apply if the damage is due to intent, gross negligence or the absence of a warranted characteristic, breach of essential contractual obligations, delay in performance, impossibility, as well as claims under §§ 1, 4 of the Product Liability Act.

9. Use of Customer Data

We are entitled to process all data relating to business relations with the buyer in accordance with the Federal Data Protection Act.

10. Place of Jurisdiction, Partial Invalidity, Applicable Law

In business transactions with merchants who do not belong to the traders specified in § 4 HGB and with legal entities under public law, Hanover is agreed as the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and checks.

b) Should individual provisions of the supply contract or these General Terms and Conditions be invalid, the remaining provisions shall remain valid. In cross-border deliveries, German law applies.

 

ITALDRIVE
Alessio Difonzo
Berliner Straße 4
30916 Isernhagen