This document outlines the general terms and conditions of use for Consumer Users of the website https://www.menabocaraccessories.com/ which offers goods (such as vehicle accessories of different kinds) and services (including, by way of example, the e-commerce service for purchasing the above goods and the “Registration” form on the website).
In order to ensure this wording is understood and accepted in full, the following terms shall have the meaning indicated herewith:
“Owner”: F.lli Menabò (VAT no. 00176860351), in the person of the pro tempore legal representative, with head offices in Via 8 Marzo, no. 3, Cavriago (Reggio Emilia, Italy), Share capital € 456,825.00 fully paid up, Economic and Administrative Index no.: RE – 113759.
“Consumer User”:the adult entering into a contract for purposes not related to any entrepreneurial, commercial, artisan or professional business of his or her own
“Contents”:any wording or multimedia element on the Website, including, by way of example, adverts, insertions, reviews, images, etc.
“Conditions”:this contract, which governs relations between the Controller, the Users and the sale of Products offered by the Owner via the Website
“Consumer Code” refers to Legislative Decree 06 September 2005, no. 206.
Detailed information on the Website’s products
The Website offers users a vast and diverse range of goods, including, by way of non-exhaustive example: Bicycle racks, Roof boxes and baskets, Roof racks, Ski racks and a variety of other car accessories. In addition to these products, F.lli Menabò also offers services such as the option of registering on its Website (using the “Registration” form) and two support channels, one for Sales and one for Products.
Application of the Conditions
In order to use the Website, the User must accept the Conditions. If the User does not intend to accept the Conditions and/or any other notice, legal notification or information published or referred to on the Website, the User may not utilise the Website or its services.
The Owner may change the Conditions at any time.
The applicable conditions are those in force on the date on which a purchase order or a request to supply a Product is made.
Before using the Website, the User must read the Conditions carefully, and save them or print them for future consultation.
The Owner reserves the right, at its own discretion and at any time, even after the User’s registration, to change the graphic interface of the Website, its Contents and how they are organised, along with any other aspect governing how the Website functions and is managed. Where necessary, it will provide the User with the relevant instructions.
The Purchaser may not object to conditions, or request conditions other than those contained in the Conditions in question. Any clause and/or provision stipulated by the Purchaser in its orders, and/or in its correspondence, which is contrary and/or supplementary to these General Conditions, shall be deemed inapplicable and in any case invalid, and/or ineffective, and/or non-binding for F.lli Menabò, unless expressly accepted in writing by F.lli Menabò.
Purchases made on the Website
All the Products available through the Website are described in detail on the respective product pages (characteristics, availability, price, etc.). Any images of the Products are only illustrative, however, and do not constitute a part of the contract.
Purchases of one or more Products from the Website may be made by Consumer Users and Professional Users. This document shall only apply, however, to Consumer Users, namely individuals who are adults and who enter into a contract for purposes not linked to any entrepreneurial, commercial, artisan or professional business conducted (point 1).
Individuals may only make purchases if they are aged 18 or over. For minors, all purchases and/or requests to supply Products made via the Website must be assessed and authorised by their parents or guardians.
The range of Products available on the Website constitutes an invitation to offer. Any orders sent by the User shall be deemed to be contractual purchase proposals, subject to the confirmation and/or acceptance of the Owner, as described below. As a result, the Owner is, at its own discretion, entitled to accept the User’s order or otherwise, whilst the latter may not raise any objections or dispute this in any way and/or for any reason.
The Product sales contract is deemed concluded with the Owner's acceptance of the User's contractual proposal. The Owner shall accept the User’s contractual proposal by sending the order confirmation to the e-mail supplied by the User. This proposal will list the details of the order, the User's details, the characteristics and availability of the Product, the price or means of calculating the price, any further charges and additional taxes, how to get in touch with us and how to return, exchange and register the product.
The contract for sale of the Products shall not be deemed valid if the above have not been respected.
If the Product should not be available, the Owner shall inform the User of the new delivery or supply deadline, and ask the User whether he or she intends to confirm the order. It remains understood that the contract shall be deemed concluded in respect of the Products accepted by the Owner.
The User undertakes to check that the data contained in the order confirmation is correct, and to inform the Owner immediately if it contains any mistakes. The User will keep a copy of his or her order, the confirmation and the Conditions.
The User is responsible for keeping his or her access credentials, which must be used solely by the User; they may not be passed on to third parties. The User undertakes to keep them secret and ensure no third party has access to them. He or she shall also immediately notify the Owner if he or she should suspect or become aware of their improper use or distribution.
The User guarantees that the personal information supplied during the registration procedure is complete and truthful, and undertakes to indemnify the Owner and hold it harmless from any damage, compensation obligation and/or penalty arising from and/or in any way associated with the User's breach of the rules for registering with the Website, or on how the registration credentials must be kept.
Cancellation of account and closure
Registered Users may cease to use the Website at any time, and disable their account or request its cancellation using the Website interface, where possible, or by sending a written communication to the e-mail firstname.lastname@example.org.
In the event that the User should breach the Conditions or applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without providing any advance notice.
Prices and payments
The price of each Product is shown, already inclusive of VAT. If the nature of the Product should render it impossible to calculate it in advance, the methods used to calculate the price are indicated.
Any taxes or additional expenses that vary according to the payment method used will also be indicated. If these expenses cannot reasonably be calculated beforehand, an indication of the amount which the User will be charged will be given.
The Owner reserves the right to amend the price of Products and any additional costs at any time. It remains understood that any price changes shall in no way affect contracts already made before the change came into force.
The User undertakes to pay the price of the Product within the timeframe and methods indicated on the Website, and to supply any data required.
The Website uses third-party instruments to process payments; it does not come into contact with the payment details supplied in any way whatsoever (credit card number, password, etc.).
If these third-party instruments should deny payment authorisation, the Owner will not be in a position to supply the products, and cannot be considered in any way responsible.
Users wishing to receive an invoice will be asked to provide invoicing details. The information provided by the User will be used for the purposes of issuing the invoice. The User declares and guarantees that this information is truthful, and holds the Owner entirely harmless in respect thereof.
Means of supplying Products and Services
The Owner will supply the Products and Services in accordance with the methods and deadlines indicated on the Website.
If it should not be possible to provide the requested Products and Services by the stipulated deadline, the User will be promptly notified via e-mail with information regarding when the Owner reasonably expects to be able to provide the supply, or the reasons rendering the supply impossible.
If the User should decide not to accept the new deadline, or if it is not possible to fulfil the supply, the User can ask for a refund of any sums paid, which will be reimbursed promptly using the same payment means used by the User to make the purchase, no more than 14 days from the date on which the Owner became aware of the reimbursement request.
Right of Users to withdraw from the purchase of Products
Users are entitled to withdraw without any penalty, and without specifying the reason, within 14 days of the date on which the contract was concluded. They may do so by sending written notice to e-mail email@example.com or by using the optional withdrawal form as per the article below, or any other written declaration.
In case of withdrawal exercised correctly by the customer (by sending the product in the original packaging at his own charge), the Owner will inspect the product:
if the product supplied has not been used and is intact, the Company will refund the User the payments received (with the exception of transport costs), in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User communicated to withdraw from the contract;
if the product supplied has been used or shows signs of wear or damage, the User acknowledges and agrees to lose the right of withdrawal and full refund of the amount paid.
Cases of exclusion of the User’s right of withdrawal
The User’s right to withdraw from the contract for the sale or supply Products shall be excluded in relation to:
the supply of Products whose price is linked to fluctuations in the financial market which the Owner cannot control, and which can arise during the withdrawal period
the supply of Products that are made to measure or clearly customised
the supply of Products that risk deteriorating or expiring quickly. This category includes all food Products (including beverages) whose characteristics can be altered, including as a result of unsuitable storage methods being used
the supply of sealed Products which are not suitable for being returned due to hygiene reasons, or due to health protection measures, and were opened after delivery
the supply of Products which, after delivery, have by their very nature been inseparably mixed with other goods
Optional form for exercising the right to withdraw
The User may withdraw using this form, which must be filled out in full and sent to e-mail firstname.lastname@example.org before the withdrawal period expires:
I hereby wish to inform you of my withdrawal from the sale or supply contract regarding the following product: ____________________ Order number: __________ Ordered on: _______ Name and Surname: ____________________ Address: ____________________ E-mail associated with the account which the order was made from:____________________ Date: __________
Guarantee of Product conformity for Consumer Users
Consumer Users are covered by a conformity guarantee, as required by articles 135-decies and subsequent articles of the Consumer Code, for all digital Products sold via the Website, with the exception of cases which are excluded as per article 135-novies of the Consumer Code.
The Owner is responsible for conformity defects that appear within three years of the date of supply. Any conformity defects must be reported by the Consumer User within two months of the defect being discovered. When the sales contract stipulates that the Products are supplied for a given period of time, the obligation to guarantee conformity remains in place for the entire duration of said period.
If the Consumer User intends to make use of the remedies stipulated by the conformity guarantee, he or she must send written notification to e-mail email@example.com. The Owner shall promptly reply to the notice of the reported conformity defect, and must inform the Consumer User of the specific procedure to be followed. For anything not stipulated in this clause, the articles from article 135-octies to article 135-vicies bis of the Consumer Code shall apply, along with the articles of the Civil Code governing the formation, validity and application of contracts, including consequences of the termination of the contract and the right to compensate the damage.
Industrial and Intellectual Property Rights
All the contents of the Website, including wording, documents, brands, logos, images, graphics, their layout and their adaptations, are protected by copyright law and brand protection law. The Website may also contain images, documents, logos and brands of third parties that have expressly authorised the Owner to publish them on the Website. Notwithstanding strictly personal uses, it is forbidden to copy, alter, distribute, publish or use the Contents without the specific authorisation of the Owner.
Exclusion of the Guarantee
The Website is provided on an “as is” basis, “as it is available”. The Owner does not provide any explicit or implicit guarantees in respect of the Website, nor does it provide any guarantee that the Website shall satisfy the needs of Users, that it will never be affected by interruptions, or that it will be free from errors, viruses or bugs.
The Owner shall undertake to ensure the Website is available uninterruptedly, 24 hours a day, although it can in no way be held responsible if, for any reason, the Website should not be accessible and/or operative at any time, or for any period of time. Access to the Website can be suspended temporarily and without prior warning in the event of a fault in the system, maintenance, repairs or for reasons beyond the will of the Owner, or due to events of force majeure.
Limitation of Responsibility
The Owner cannot be held responsible towards the User - except in the case of wilful misconduct or gross negligence - for disservices or malfunctions linked to the use of goods and services supplied by the Owner, but beyond its control or that of its suppliers.
Moreover, the Owner cannot be held responsible for any damages, losses and costs suffered by the User owing to the failure to fulfil the contract due to causes not attributable to it; the User shall only be entitled to a full refund of the price paid, and any additional charges incurred.
The Owner shall not be held responsible for any fraudulent or unlawful use that third parties should make of credit cards and other payment means, as it does not enter into contact in any way whatsoever with the payment details used (credit card numbers, passwords, etc.)
The Owner shall not be held responsible for:
Any losses of business opportunities and any other losses, including those of an indirect nature, that the User suffers and which are not a direct consequence of the Owner’s breach of contract
Mistaken or improper use of the Website by Users or third parties
The emission of incorrect fiscal documents or data owing to errors in the data supplied by the User, as the latter is the only party responsible for entering them correctly.
The Owner cannot be deemed responsible for failure or delayed fulfilment of its obligations due to circumstances beyond the reasonable control of the Owner caused by events of force majeure, or events which are in any case unforeseeable and occurring independently of its will.
The Owner’s fulfilment of its obligations shall be deemed suspended for the period of time in which events of force majeure occur.
The Owner shall do anything in its power to find solutions that allow it to fulfil its obligations properly, even if the force majeure events persist.
Connection to third-party websites
The Website may contain links to third-party websites/ applications. The Owner does not exert any control over them; as a result, it is in no way responsible for the contents of these websites/applications.
Some of these links may direct users to third-party websites/applications that supply services through the Website. In such cases, the individual services will be governed by the general conditions of use for the Website/application, and use of the service as drafted by the third parties, in relation to which the Owner accepts no liability.
For the Consumer Users, any disputes arising in relation to the application, execution and interpretation of these Conditions shall be referred to the court of the place in which the Consumer User resides, or has elected as his or her place of domicile, if located on Italian territory, without prejudice to the Consumer User’s entitlement to appoint a different judge from that of the “consumer’s court” (as per art. 66 bis of the Consumer Code) with jurisdiction for the area, applicable in the territory as per criteria in articles 18, 19 and 20 of the civil court procedure code.
The above is without prejudice to the application, to Consumer Users whose habitual place of residence is not in Italy, of more favourable and mandatory legal provisions of the country in which they habitually reside, particularly in relation to the deadline for exercising the right of withdrawal, the deadline for returning Products, if such a right is exercised, the methods and formalities adopted for communicating the above, and the legal guarantee of conformity.
Resolution of disputes for Consumer Users online
Consumer Users residing in Europe should note that the European Commission has created an online platform which provides an alternative means of resolving disputes. This tool can be used by Consumer Users as a means of reaching an out-of-court settlement for any disputes regarding and/or arising from contracts for the sale of goods and supply of services stipulated online. As a result, the Consumer User may use this platform for resolving any disputes arising form the contract stipulated online. The platform is available at the following address https://ec.europa.eu/consumers/odr/