General Sales Contract

    1. DEFINITIONS

    • “General Conditions”: these rules govern the remote purchase of Products carried out on the website www.ygrosrace.it or on the relative mobile application, in compliance with the regulations on electronic commerce (Legislative Decree 70/2003) and the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments).

    • "Products" or “Product”: all goods marketed by the company Ygros Srl on the Website and on the relative mobile Application.

    • “Ygros” or “Seller”: the seller of the Products, i.e., the company Ygros Srl with headquarters in Zanè (VI), via Pettinà Luigi 24, Tax Code/VAT no. 00270990245, REA no. 140951/VI.

    • “Website/Application”: the set of web pages accessible from the URL https://ygrosrace.it/ and the relative application for mobile devices, such as smartphones or tablets.

    • “Account”: the area of the Website in which Customers can, after authentication, view and modify personal data and access previous Orders;

    • "Consumer": a natural person who purchases for purposes not related to any commercial, industrial, artisanal, or professional activity carried out;

    • “Professional”: a natural or legal person who purchases for purposes related to their commercial, industrial, artisanal, or professional activity;

    • “Customer(s)”: subject(s), Consumer(s) or Professional(s), who purchase Products remotely according to these General Conditions;

    • “Purchase Order” or “Order”: an order involving a payment obligation by the Customer, which is completed by filling out the form and entering all requested data during the purchase procedure on the Website and the electronic transmission to the Seller via the Website or the Application.

    • “Sales Contract” or “Contract”: a distance sales contract finalized between the Customer and Ygros Srl after the Customer receives the Order Confirmation, subject to the final condition of full payment of the total amount indicated in the Purchase Order.

    • “Order Confirmation”: an e-mail sent by Ygros to the Customer through which the Seller communicates the acceptance of the Order.

    • “Consumer Single Form” or “Single Form”: a paper form sent by the Seller to the Consumer Customer together with the Products and downloadable from the Website, necessary to exercise the Consumer's right of withdrawal and the Consumer's right to the legal guarantee of conformity.

    2. SCOPE OF APPLICATION OF THE GENERAL CONDITIONS

    These General Conditions of sale govern the remote offer and sale of Products carried out by the professional entity YGROS SRL through the Website www.ygrosrace.it and the relative mobile Application for smartphones and tablets.

    Ygros Srl has its registered office in Zanè via Pettinà Luigi 24, Tax Code/VAT no. 00270990245, REA no. 140951/VI and can be contacted at the following email address: amministrazione@ygros.com and the following PEC (certified email): ygros@pec.ygros.com.

    The General Conditions are an integral part of every Purchase Order and Sales Contract for Products marketed on the Website and Application and apply in the version in force on the date of the Order. In the event of changes to the General Conditions, the General Conditions published on the Website and Application at the time the Customer sends the Order will apply.

    Before making any purchase on the Website or Application, the Customer is required to read and accept these general conditions of sale.

    Sales through the Website or Application can only be carried out if the Products are to be shipped to Italy.

    3. SUBJECT OF THE DISTANCE SALES CONTRACT

    The contract concerns the online sale of the Products indicated and offered for sale by Ygros on the Website and Application and chosen by the Customer from those displayed.

    The offering of a Product for sale on the Website and Application constitutes, for all intents and purposes, an offer of sale to the public, which can therefore be accepted by the Customer.

    The contract is concluded remotely via the Internet in the manner described in this document.

    The Products offered for sale are divided by category and described using images and technical data sheets. Images depicting the Product may contain inaccuracies and differences from the actual Product; therefore, photographs of the Products on the Website and Application do not constitute a contractual element and must be considered representative only. In case of difference between the image and the technical sheet, the latter prevails.

    4. MAKING ONLINE PURCHASES

    To make purchases on the Website or Application, the Customer is first required to register by creating a personal Account. For this purpose, they will be asked to choose a username and password and to enter the personal data necessary for system access and Order management.

    During the Account creation phase, the Customer will also be asked to indicate their status as a private or professional entity.

    Following the creation of the Account, access to the Website or Application will occur through authentication with the username and password entered during the first registration.

    The Customer undertakes to provide true and correct data regarding themselves and not third parties, and not to use false or others' e-mail addresses.

    To place an Order for Products, the Customer must follow the purchase procedure indicated on the Website and Application, after checking the price and availability of the Products of interest, by selecting and adding the chosen Products to the cart.

    Products chosen and added to the cart by the Customer can be modified at any time until the Order is sent.

    Before the completion of the Order, a summary of the Products, the amount and details of each Product, the shipping costs, and the total amount to be paid will be shown to the Customer. After having viewed all the information provided, including these General Conditions and the Privacy Policy, and verified the correctness and completeness of the data entered in the purchase process, the Customer may finalize the Order by clicking the "PROCEED TO ORDER" button and choosing the payment methods among those provided for in Article 7 below. By clicking this button, the Customer assumes the obligation to pay the Order amount.

    5. AVAILABILITY OF PRODUCTS

    The Customer can purchase the Products offered for sale on the Website and Application in the quantities existing in stock indicated next to each Product displayed.

    The availability of Products refers to the actual availability at the time the Customer places the Order.

    Should the Order exceed the available quantities, the system will signal this circumstance, allowing the purchase to be completed only for the available Products.

    Exceptionally, even after the Order Confirmation by Ygros, cases of partial or total unavailability of some Products may occur due to simultaneous online purchases or due to IT anomalies or exceptional supply difficulties. In these cases, Ygros will contact the Customer and propose one or more solutions, such as, by way of example: fulfilling a partial Order, canceling the Order with a refund of the total amount paid, purchasing a different product, or refunding the price difference.

    6. PRICES AND DISCOUNTS

    All sales prices of the Products indicated on the Website or Application are expressed in Euro, and any taxes will be calculated during checkout.

    Preparation and delivery costs and any accessory costs, if present, are indicated and calculated in the purchase procedure and specified in the Order Confirmation.

    Ygros reserves the right to modify the price of the Products offered for sale at any time. The price applied to an individual Order will be the one indicated on the Website or Application at the time the purchase is made by the Customer, regardless of any changes made by Ygros after the Order was submitted.

    Discounts or promotional offers may be applied to the list price indicated on the Website based on promotional campaigns that the Seller has the right to activate through suitable advertising on the Website and Application.

    The prices of the Products indicated on the Website and Application may exceptionally contain errors or omissions independent of Ygros's will. In case of errors, inconsistencies, or if the price displayed online is clearly anomalous and/or lower than the one actually applied to the good, the Customer will be contacted to modify the Order. The Customer may choose to pay the price difference and receive delivery of the Product or cancel the Order, with a subsequent refund of the price paid. If the correct price of a Product is lower than that displayed on the Website or Application, the Customer will only be charged the correct lower price and the Product will still be shipped.

    7. PAYMENT METHODS

    Payment for the Order can be made, at the Customer's choice, by Credit Card, PayPal, or Bank Transfer.

    To make a payment by credit card, the PayPal payment circuit is used, with the application of its own terms and conditions.

    The system does not require mandatory registration with PayPal. Information entered regarding the Customer's credit card data will be sent to PayPal through a secure server.

    To make a payment with PayPal, the Customer will be redirected to PayPal's secure server where they can log in and pay according to the methods indicated by the provider. Financial data will be managed directly by PayPal.

    In the case of payment by bank transfer, the reason for payment must indicate the ORDER NUMBER, DATE, and AMOUNT, or the different wording indicated in the Order Confirmation.

    The Bank Transfer must be made in favor of the Seller upon receipt of the sales invoice attached to the Order Confirmation and in any case no later than 5 working days from receipt of the order confirmation, otherwise the Order will be canceled.

    Unless otherwise indicated, any refunds, even if following the cancellation of the Order, will be credited to the Customer using the same payment method used during the finalization of the order.

    8. DELIVERY METHODS

    Delivery of the Products occurs solely by shipping to the delivery address indicated by the Customer during the Order phase.

    Ygros will deliver the Products to the Customer through couriers and/or carriers selected by the Seller based on the place of delivery and the type of Products, in order to offer the lowest cost for the Service provided.

    Delivery of the Products will take place at the address indicated by the Customer in the Order. The Customer shall verify that the delivery address information is correct at the close of the order and subsequently in their personal area of the Website or Application.

    Preparation and shipping times are, on average, 5 (five) working days and may vary depending on the Products requested.

    In the case of payment by bank transfer, delivery times run from the date of receipt of payment.

    Shipping methods, times, and costs will be indicated in the Order Confirmation. In the case of particularly bulky/heavy Products or large order quantities, the Customer will be promptly contacted by the Seller to define costs and delivery times where not otherwise specified.

    Delivery is always made "curbside."

    Any impediments or difficulties regarding delivery must be communicated by the Customer during the Order phase, within the specific "CONTACT US" field; in the absence of indications and if the Products cannot be delivered, Ygros reserves the right to charge the Customer for the costs of non-delivery and storage of the Product.

    A courtesy copy of the invoice will be delivered together with the Products. Upon delivery of the Products, the Customer must check that the number of packages corresponds to what is indicated in the accompanying document and that the packaging of the Products is intact, not damaged, wet, or altered. Subject to current regulations, once the courier's transport document has been signed without specific reservations, the Customer can no longer raise any objection to Ygros regarding the quantity of packages and visible defects in the packaging.

    For any problems with the delivery of the Products, the Customer can always contact Ygros at the email address info@ygrosrace.it or at the telephone number 0445314158.

    If during the Order phase the system detects anomalies in the calculation of shipping costs, the Customer will be invited to send a non-binding request for a quote to allow for the correct calculation of the amounts.

    All information regarding the delivery of Products is available in the "FAQ" section of the Website or Application.

    9. CONCLUSION OF THE SALES CONTRACT

    The Sales Contract is concluded when the Customer receives the Order Confirmation, sent by Ygros to the email address indicated by the Customer during registration on the Website or Application.

    The Order Confirmation email contains the Customer's data, the General Sales Conditions, the Order number, the Products purchased, the price, the payment method, information on the right of withdrawal, as well as the shipping costs and methods.

    When the Customer receives the Order Confirmation, they have already paid (via Credit Card or PayPal) or will pay (via Bank Transfer), in the manner and timing indicated by Ygros, the total amount of the Products indicated in the Purchase Order.

    In any case, the shipment of the Products will occur only after the full amount of the Sales Contract has been correctly credited to Ygros.

    If payment for the Products is not made in the timing, manner, and/or amounts indicated by Ygros in the Order Confirmation, Ygros may refuse to execute the Sales Contract and cancel the Order.

    Ygros reserves the right to cancel the Purchase Order also in case of:

    • provision of unreal or incorrect personal data;

    • previous non-fulfillment by the Customer for any reason towards Ygros;

    • the Customer being subject to insolvency proceedings;

    • lack of response from the Customer to the Seller's contact attempts;

    • in any other case incompatible with economic interests and company policies.

    10. CONSUMER'S RIGHT OF WITHDRAWAL

    In the case of purchases made by a Consumer, they have the right to withdraw from the Sales Contract, without any penalty and without specifying the reason, within 14 days of receipt of the Product.

    Should the Consumer decide to exercise the right of withdrawal, they must notify Ygros using Section A of the Single Form received together with the Products (and downloadable from the Website), to be sent to the Seller by email at info@ygrosrace.it or by registered mail with return receipt to the Seller's registered office.

    Following the exercise of the right of withdrawal, the Customer will receive an email from the seller confirming receipt of the withdrawal communication with instructions for returning the product. The Customer must return the Product within the next 14 days, by shipping it to the Seller's registered office in Zanè (VI), via Luigi Pettinà no. 24. The Consumer must use a traceable shipping method and packaging suitable for the type of product to guarantee its integrity.

    In any case, to be entitled to a refund of the price paid, the Product must be returned intact, packed in its original packaging, and complete with everything originally contained (including instruction manuals and accessories).

    The costs of returning the product are borne by the Consumer pursuant to the Consumer Code.

    Within 14 days of receiving the withdrawal notice, Ygros, having verified the integrity of the product, will refund the price of the Products subject to withdrawal and the initial shipping costs, using the payment method indicated by the Customer in the withdrawal form.

    11. LEGAL WARRANTY FOR PURCHASES BY CONSUMERS

    In application of Legislative Decree 206/2005 (Consumer Code) and subsequent amendments, in the case of a purchase made by a Consumer, the Products are covered by the legal warranty in favor of the Consumer for lack of conformity that manifests within 24 months of delivery and is reported within 2 months of discovery.

    In the event of a lack of conformity, the Consumer may request the following remedies from Ygros, free of charge, as provided under Art. 135-bis of the Consumer Code:

    • repair or replacement of the purchased Product;

    • reduction of the purchase price;

    • termination of the Sales Contract.

    To exercise the legal warranty, the Consumer must report and document the conformity defect found via photographs, using Section B of the Single Form received with the Products, to be sent to info@ygrosrace.it or via registered mail. To benefit from the legal warranty, the Product must be returned intact, in its original packaging, and complete with all original contents. Returning costs are borne by the Consumer. The Seller, after verifying the defect and the validity of the warranty, will contact the Customer to agree on the remedy and any total or partial refund.

    12. PURCHASE BY PROFESSIONALS

    The Consumer Code reserves the right of withdrawal exclusively for Consumers. Therefore, the right of withdrawal provided in Article 10 cannot be exercised by legal entities or natural persons acting for professional purposes.

    Regarding the warranty for product defects for Professional purchases, Articles 1490 and following of the Civil Code apply.

    Specifically, the Professional can claim the warranty provided they report the defect within 8 days of discovery and exercise the right within 12 months of delivery. To exercise these rights, the Professional must report and document the defect via photographs to info@ygrosrace.it or registered mail. The Product must be returned intact in its original packaging. Return shipping costs are borne by the Professional. The Seller, after verification, will contact the Customer to agree on a remedy or refund.

    13. LIMITATIONS ON WARRANTY

    For all online purchases by both Consumers and Professionals, the legal warranty does not cover accidental damage or damage resulting directly or indirectly to persons, things, or animals due to modifications, alterations, or failure to observe the instructions in the user manual (especially regarding installation, use, and maintenance).

    The warranty does not apply in cases of damage caused by negligence, incorrect installation, misuse, deterioration, atmospheric phenomena, power surges, or insufficient/irregular power supply.

    The warranty never entitles the user to compensation for damages caused by or dependent on the defective item.

    If parts are replaced with unauthorized parts or if repairs are carried out by unauthorized personnel, the Customer loses the right to warranty service.

    Consumable parts subject to normal wear and tear are excluded (e.g., batteries, light bulbs, bearings, clutches, pistons, gaskets, etc.).

    14. LIMITATION OF LIABILITY

    Ygros assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, nor for malfunctions of the internet, should it fail to execute the Order within the terms provided.

    Ygros is not liable for the unavailability of Products, though it will endeavor to propose alternatives.

    Ygros is not liable for delays, damages, or losses suffered by the Customer due to the non-execution of the Contract for reasons not attributable to the Seller; the Customer is only entitled to a full refund of the price paid.

    15. APPLICABLE LAW AND JURISDICTION

    The General Conditions are governed by Italian law.

    Any dispute arising from the interpretation, validity, or execution of these conditions will be subject to the mandatory jurisdiction of the court of the place of residence or domicile of the Customer (if a Consumer).

    In the case of a sale to a Professional, the Court of Vicenza shall have exclusive jurisdiction.

    16. COMPLAINTS AND CONTACTS

    Pursuant to Art. 14 of EU Regulation no. 524/2013, Consumers in the EU are informed that disputes can be resolved via the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/. Email for this purpose: amministrazione@ygros.com.

    Users can also send complaints to Ygros via: amministrazione@ygros.com, ygros@pec.ygros.com, or registered mail to the registered office.

    17. UNILATERAL MODIFICATION OF THE GENERAL CONDITIONS

    These conditions may be modified by Ygros at any time at its sole discretion. Changes are effective from the date of publication.

    Registered users are deemed to have accepted modified conditions unless they cancel their Account before the changes take effect. Transactions concluded before the changes remain governed by the previous conditions.

    Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, Users declare that they have read and understood the following clauses: Art. 7 (payment methods), Art. 8 (delivery methods); Art. 9 (conclusion of sales contract); Art. 13 (limitation of warranty); Art. 14 (limitations of liability); Art. 15 (applicable law and jurisdiction); Art. 17 (unilateral modification of the general conditions of sale).

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