Terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE
The products sold on the website www.cabuttimotor.com (hereinafter, the “Website”) are supplied by Cabutti Motor, with registered office in Lequio Tanaro, at via Industria 11, VAT number 02669790046. The supply and sale of the products on the Website are governed by these general terms and conditions of sale (hereinafter, the “General Terms and Conditions of Sale”).
Acceptance of the general terms and conditions of sale
The agreement between Cabutti Motor and the Customer is understood to be concluded with Cabutti Motor's acceptance of the order. This acceptance is considered tacit if the Customer is not otherwise notified by any means. By making an order using the various methods provided, the Customer declares that he has read all the information provided to him during the purchasing procedure, and fully accepts the general conditions and terms of payment transcribed below.
Once the online purchasing procedure has been completed, the Customer will print or save an electronic copy of these general terms and conditions of sale, in compliance with the provisions of Articles 49 et seq. of Italian Legislative Decree no. 206/2005 on distance selling.
The Customer may only purchase the products contained in the electronic catalog managed by Cabutti Motor at the time the order is made, viewable online at the (URL) address www.cabuttimotor.com, as described in the relative information tabs. It is understood that the image accompanying a product's description may not be fully representative of its characteristics and may differ in color, size, and the accessory products shown. All the information supporting the purchase is understood to be simple, generic, informative material and does not refer to the real characteristics of an individual product.
The correct receipt of an order is confirmed by Cabutti Motor in an e-mail reply sent to the e-mail address provided by the Customer. This confirmation message will contain the Date and Time of the order and a ‘Customer Order Number’ to be used in any further communication with Cabutti Motor.
If the order is not accepted, Cabutti Motor will promptly notify the Customer, reimbursing any sums already paid in the shortest possible time and, in any case, within 14 days of the aforementioned notification.
Terms of payment
Bank Transfer: i the case of payment via Bank Transfer, the order will only be sent once the due amount is actually credited to the bank account of Cabutti Motor. Proof of the bank transfer, including the transaction reference number, must be received by Cabutti Motor (via the e-mail address [email protected]) within 3 business days of the order acceptance date.
Account holder: Cabutti Motor
Servicing bank: Banca Alpi Marittime
IBAN: IT 10 A 08450 46270 000130117519
Payment description: order number
PayPal: If you select PayPal as your payment type, you will be redirected to a page of the PayPal website, where you will enter your email address and password to make the payment. Your financial data will not be shared with Cabutti Motor and will be handled directly by PayPal.
Cabutti Motor reserves the right to not accept orders with delivery to places that are particularly hard to reach. In these cases, Cabutti Motor will notify the Customer of the non-acceptance of the order.
When making the purchase, the Customer must request the issuance of a tax invoice from Cabutti Motor if desired. In such cases, Cabutti Motor will send it to the e-mail or residential address indicated when signing up. For the issuance of the invoice, the information provided by the Customer at the time of the order will prevail. Once the invoice has been issued, the data cannot be modified. We thus advise the Customer to check the data entered carefully before placing the order.
If the invoice is not requested at the time the order is made, in no cases can it be issued retrospectively.
The Cabutti Motor sales system, as an online seller, does not require the issuance of an invoice (or tax receipt) to a consumer (not possessing a VAT number), in accordance with Article 22 of the Decree of the President of the Republic no. 633 of 26/10/1972 and Article 2, letter oo) of DPR no. 696 21st December 1996 (as confirmed by Resolution no. 274/E of 5th November 2009). If an invoice is not requested by the Customer, Cabutti Motor will send the buyer a purchase receipt, not valid for tax purposes and useful solely for assistance or warranty purposes, via the e-mail or residential address indicated when signing up.
Delivery costs are charged to the customer and are explicitly shown when the order is placed. Payment of goods by the Customer will take place using the method chosen when placing the order. The Customer owes nothing more than the order total.
The availability of the products sold is limited to the availability of the products themselves and is a condition for the validity of the offers. If stock is sold out, even temporarily, Cabutti Motor has the right to reject the customer’s purchase request by means of formal notification via e-mail, in which any available products may also be indicated as substitutes of an equal or greater price to the ones purchased, with payment by the Customer of any difference in price. Unless the customer requests to purchase a product in substitution of the one out of stock, Cabutti Motor will reimburse any sums already paid by the Customer in the shortest possible time and, in any case, within 14 days of the date in which the order was canceled. The requested products will be delivered in the shortest time possible, usually within 10 business days. Cabutti Motor undertakes to comply with a maximum delivery time no greater than 30 days, except in cases of force majeure.
At the time of delivery of goods by the courier, the Customer is required to check: - That the number of delivered packages corresponds to those shown on the transport document sent in advance via email; - That the packaging is intact, undamaged, is not wet or otherwise altered, including its sealing materials (adhesive tape or metal straps). Any damage to the packaging and/or product or difference in the number of packages or indications must be contested immediately, placing GOODS RECEIVED UNCHECKED on the courier’s proof of delivery. Once the courier’s document has been signed, the Customer cannot make any objections regarding the external characteristics of the goods delivered. Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 8 days of delivery via email at [email protected]
In the case of failure to collect material held by the courier as a result of the repeated inability to deliver to the address indicated by the Customer when placing the order within 5 business days, the contract of sale will be terminated with the refund of the relative price paid by the Customer.
Right to withdraw
Pursuant to Articles 52 et seq. of Italian Legislative Decree 206/2005, if the customer is a consumer (that is, a natural person purchasing the goods for purposes not related to their professional activities), he has the right to withdraw from the contract of sale for any reason, without providing explanations and without any penalty, except for the types of products for which this is expressly excluded (see Article 59 of Italian Legislative Decree 206/2005) and without prejudice to the provisions of point 16 below.
The right to withdraw may be exercised within 14 days of receiving the product, using the following procedures:
i) the Customer sends an e-mail addressed to [email protected]
ii) the Customer must state the order number shown in the “order confirmation”
iii) the product must be returned to: Cabutti Motor Via Industria 11 12060 Lequio Tanaro (CN) Italy - within 14 days of the withdrawal date.
The refund of the price paid for the purchase of the product does not include delivery costs, which are fully charged to the Customer intending to withdraw from the purchase.
The right to withdraw is subject to the following conditions:
- The right applies to the purchased product in whole; withdrawal cannot be exercised on only part of the purchased product (e.g. accessories, etc…);
- The purchased goods must be intact and returned in their original packaging, complete with all their parts (including packaging and any documentation and accessory equipment, manuals, etc…);
- Until its certified receipt in our warehouse, the shipment is the customer’s complete responsibility;
- In the event of damage to the goods during transportation, Cabutti Motor will notify the customer of the event (within 5 business days of receiving the goods in its warehouses), to allow him to promptly report this to his chosen courier and obtain reimbursement of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the withdrawal request; - Cabutti Motor is in no way responsible for damage or theft/loss of goods returned via uninsured shipments;
Notwithstanding that the customer is solely responsible for a decrease in the value of goods resulting from the handling of the goods other than to establish their nature, characteristics and functioning, the right to withdraw is excluded in relation to:
- damage to the product not caused by transportation.
In the case of forfeiture of the right to withdraw, Cabutti Motor will give notification via e-mail; the product will remain available to the Customer at the Cabutti Motor warehouse for a period of 30 (thirty) days from the date of the email. After this deadline, Alkemy will return the product to the Customer by courier. The delivery expenses and the price of the product, if already refunded, will be charged to the Customer.
All products are covered by the legal guarantee of 24 months for conformity defects, pursuant to Articles 128 et seq. of Italian Legislative Decree no. 206/2005 and subsequent amendments and, where present, by the manufacturer’s standard warranty. To take advantage of both guarantees, the Customer must keep the invoice (or payment document) received via email following the delivery.
The manufacturer’s standard warranty is provided in accordance with the terms described in the documentation contained inside the product packaging. It is voluntary and does not replace, limit, exclude, or jeopardize the right to the Legal Guarantee of Conformity. The duration, territorial extent, procedures for use, types of damage/faults covered and any limitations to the Manufacturer’s Standard Warranty are items shown in the so-called warranty certificate contained within the product packaging.
The guarantee of 24 months pursuant to Articles 128 et seq. of Italian Legislative Decree no. 206/2005 applies to products presenting conformity defects, provided that the product is used correctly, for its intended use and respecting the provisions of the attached technical documentation. This guarantee is reserved to private consumers (natural persons purchasing the goods for purposes not related to their professional activities). In the case of conformity defects, Cabutti Motor will provide for the restoration of the product conformity at no cost to the customer by repair/replacement or price reduction, until the termination of the contract. If, as a result of intervention by an Authorized Service Center, the fault is found not to be a conformity defect pursuant to Articles 128 et seq. of Italian Legislative Decree no. 206/2005, the Customer will be charged any verification and repair costs required by the Authorized Service, as well as transportation costs if incurred by Cabutti Motor.
The customer may request, at his choice, a suitable price reduction or the termination of the contract if one of the following situations occurs:
a) The repair or replacement is impossible or too expensive;
b) The seller has not provided for the repair or replacement of the goods within a reasonable time limit, taking into account the nature and purpose for which the Customer purchased the goods;
c) A previous replacement or repair caused the Customer considerable inconvenience.
In determining the amount of the reduction or the sum to be refunded, Cabutti Motor takes the use of the goods into account.
No damages may be claimed from Cabutti Motor for any delays in carrying out repairs or replacements.
For cases in which the application of the guarantees involves the return of the product, the goods must be returned by the Customer in their original packaging, complete with all their parts (including packaging and any documentation and accessory equipment: manuals, accessories, etc…).
For information or to make a complaint, you can contact Cabutti Motor by email at [email protected] or use the Contact Us form.
The contract of sale between the Customer and Cabutti Motor is concluded in Italy and governed by Italian Law. For civil and criminal disputes arising from the conclusion of this distance sale agreement, if the Customer is a consumer, the territorial jurisdiction is that of the court of reference of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Cuneo.
Amendments and updates
These General Terms and Conditions of Sale may be amended from time to time, also in light of changes to the relevant legislation. The new General Terms and Conditions of Sale will be effective with regard to product sales agreements entered into by the date of their publication and acceptance by the Customer.