General Terms and Conditions

Erise s.r.l. with registered office in Via Roma, 241 - 35030 Cervarese Santa Croce (PD) P.I. 04790740288 sells automotive spare parts and accessories through the sites:

www.ricambiamericani.com
www.americanparts.com
www.usaspareparts.com
www.magnaperformance.com

1. ACCEPTANCE OF THE GENERAL TERMS OF SALE

1.1 - The contract entered into between ERISE s.r.l. and the Customer shall be deemed concluded with the acceptance, even partial, of the order by ERISE s.r.l.. Such acceptance shall be deemed tacit, unless otherwise communicated in any manner to the Customer. By placing an order in the various ways provided, the Customer declares that he/she has read all the information provided to him/her during the purchase procedure, and fully accepts the general and payment conditions transcribed below.

1.2 - If the Customer is a consumer (i.e. a natural person who buys goods for purposes not related to his professional activity), once the online purchase procedure is concluded, he will print or save an electronic copy and in any case keep these general conditions of sale, in accordance with the provisions of Articles 50 et seq. of Legislative Decree 206/05.

1.3 - Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order is excluded.

2. PURCHASING METHODS

2.1 - The Customer through one of Our websites can purchase directly or request a quote both for products in the catalog, and for others not present. The request can also be made by phone, chat within the site, email, skype or whatsapp. Following the request, Erise s.r.l. will send an email with a quote for the requested spare parts including availability, price, payment method, amount to be paid and delivery time. Sending the quote can also be done, at the customer's request, via Whatsapp. If, on the other hand, the purchase was made directly from the site, price, availability and payment method are those indicated on the product page.

2.2 - The Customer can accept the quote by phone or email. In case of payment by bank transfer in advance, Erise s.r.l. waits for the accounting copy to proceed with the order. Erise s.r.l. reserves the right to wait for the crediting to the bank account.

2.3 - Once the order has been confirmed, Erise s.r.l. checks again the availability of the goods. In the event of supervening impossibility in respecting the delivery time, intervened between the sending of the estimate and its acceptance, Erise s.r.l. undertakes to promptly inform the customer who may choose to immediately demand a refund of the total amount paid or to accept the new conditions proposed.

2.4 - Once the previous step has been confirmed, an Order number will be issued, to be used for further communication with Erise s.r.l.. The document repeats all the data sent by the Customer, who undertakes to verify its correctness and promptly communicate any corrections, using the customer service.

3. PAYMENT METHODS

3.1 - Credit Card: in cases of purchase of goods by Credit Card payment method, through the Paypal platform the credit card charge is made at the same time as the acceptance of the quote.

3.2 - Erise s.r.l. reserves the right to request additional information from the Customer (e.g. landline phone number) or the sending of copies of documents proving the ownership of the Card used. In the absence of the required documentation, Erise s.r.l. reserves the right not to accept the order.

3.3 - At no time during the purchase process is Erise s.r.l. able to know the information relating to the buyer's credit card, transmitted via secure connection directly to the site of the banking institution handling the transaction.

3.4 - Advance bank transfer: the mode of payment by advance bank transfer provides that the order is processed only after payment by the Customer and receipt by Erise s.r.l. of the bank transfer. The data for making the transfer are displayed on the site and are communicated on the order confirmation page and in the order confirmation e-mail sent to the Customer. The reason for the bank transfer must include the order number and the first and last name of the order holder.

3.5 - Purchases by cash on delivery to the courier with a surcharge of 2% total amount including VAT with a minimum of 4 euros (excluding VAT).

4. DELIVERY METHODS AND EXPENSES

4.1 - For each order placed Erise s.r.l. will issue a regular invoice or fiscal receipt.

4.2 - Delivery charges, if any, are borne by the Customer and are clearly explained when the order is placed. Nothing more is due from the Customer than the total amount of the order. Delivery charges may not be returned to the Customer in the event that the piece originally ordered is returned.

4.3 - No responsibility can be attributed to Erise s.r.l. in case of delay in the fulfillment of the order or in the delivery of what was ordered.

4.4 - Delivery of what has been ordered shall be understood to be at street level except:

• other communication from our customer service department,
• as provided in the product data sheet,
• the explicit purchase of floor delivery, where applicable.

When the goods are delivered by the courier, the Customer is required to check:

• that the number of packages being delivered corresponds to what is indicated in the Document Of Transport
• that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials (adhesive tape or strapping).

Any damage to the packaging and / or the product or the mismatch in the number of packages or indications, must be immediately challenged, putting WRITTEN RESERVE OF CONTROL (SPECIFYING THE REASON FOR RESERVE, eg. "punctured packaging", "crushed packaging", etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer will not be able to make any objection about the external characteristics of what has been delivered.

Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 3 days after delivery, in the manner provided herein.

4.5 - In case of failure to collect within 5 working days of the material in storage at the warehouses of the courier due to repeated inability to deliver to the address specified by the Customer when ordering, what was ordered will be returned to the warehouses of Erise s.r.l.

5. RIGHT OF WITHDRAWAL

CONSUMER INFORMATION ON THE EXERCISE OF THE RIGHT OF WITHDRAWAL (Pursuant to Legislative Decree No. 206 of September 6, 2005, as amended by Legislative Decree No. 21 of February 21, 2014, transposing European Directive 2011/83)

In accordance with all applicable legal provisions, Erise s.r.l. guarantees the consumer the possibility to return the product or withdraw from the purchase. Pursuant to Articles 45 et seq. of Legislative Decree No. 206 of September 6, 2005, and subsequent amendments and additions, if the customer is a consumer (i.e. a natural person who purchases goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order form to Erise s.r.l.a reference to VAT), has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, without prejudice to what is indicated later.

In particular, pursuant to Legislative Decree No. 21 of February 21, 2014, implementing the European Directive 2011/83 on consumer rights, in order to exercise the right of withdrawal, the customer must send Erise s.r.l. a notice to that effect, within 14 days from:

in the case of one or more goods ordered by the customer in a single order and delivered at the same time, from the date on which the customer himself or a third party, other than the carrier and designated by the customer, acquires physical possession of the goods;

or, in the case of several goods ordered by the customer in one order and delivered separately, from the date on which the customer himself or a third party, other than the carrier and designated by the customer, acquires physical possession of the last good. Such notice, containing an express declaration of withdrawal, must be sent compulsorily in writing, within the aforementioned 14-day period, by e-mail to: [email protected]

The notice of withdrawal may be drafted, at the customer's option, either in free form, provided it contains the explicit statement of withdrawal, or using the standard withdrawal form at the end of this notice. Once we have received the aforementioned notice of withdrawal, the Customer Service of Erise s.r.l. will quickly provide the customer with instructions on how to return the goods, which must be received by Erise s.r.l. within 14 days of authorization to return.

If the notice of withdrawal is not sent by the customer to Erise s.r.l. within the period of 14 days as set forth above, the customer will automatically forfeit the right of withdrawal, with the consequence that he/she will no longer be able to demand from Erise s.r.l. any type of refund, not even partial. Pursuant to the law in force, the burden of proof regarding the exercise of the right of withdrawal is borne by the customer, who therefore, in the event of any dispute, must prove that he/she has correctly communicated the withdrawal in the manner and within the timeframe explained above.

The goods must be returned intact, complete with all its parts, without any signs of use, wear or dirt.

The risk of loss of or damage to the goods, due to causes not attributable to the seller, shall be transferred to the customer only at the time when the latter, or a third party designated by him and other than the carrier, takes physical possession of the goods. However, the said risk transfers to the customer already at the time of delivery of the goods to the carrier, if the latter has been chosen by the customer and such choice has not been proposed by the seller, without prejudice to the customer's rights against the carrier.

The right of withdrawal is not affected by the seller's choice.

The right of withdrawal is, however, subject to the following conditions:

• The right applies to the purchased product in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g.: accessories, manuals, cables, etc.);
• The purchased goods must be returned intact and in original packaging, complete in all its parts (including any documentation and accessory equipment: manuals, cables, etc...)
• The shipping costs related to the return of goods are the total and exclusive responsibility of the customer;
• In the case of spare parts and accessories ordered based on the chassis number of the customer's car, product code or through photos and detailed technical specifications, the costs of restocking are the responsibility of the customer. For each specific case, we will send an estimate of the costs to be incurred for the return;
• In case of supervening unavailability of a single part within a multiple order, a refund will be made only for the unavailable spare part;
• The shipment by the customer of returned products, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer; therefore, in case of damage, during transport, of returned products, Erise s.r.l. will notify the customer of the incident (within 5 working days of receipt of the goods in their warehouses), to enable him to file a timely complaint against the courier of his choice and obtain reimbursement of the value of the property (if insured); in this case, the product will be made available to the customer for its return to the latter, at the expense borne by the same customer, simultaneously canceling the request for withdrawal;
• Erise s.r.l. is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments;

On arrival at the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the packaging and / or the original packaging are damaged, Erise s.r.l.will deduct from the refund due a percentage, but no more than 10% of it, as a contribution to the costs of restoration. Without prejudice to any costs of restoration for damage to the original packaging, Erise s.r.l. will refund the customer the full amount already paid, less shipping costs, within 14 days of the return of the goods to the warehouse, for which the refund will be suspended until receipt of the goods, using the same means of payment used by the customer for the initial transaction, unless the customer has expressly agreed otherwise; in any case, the customer will not incur any cost as a result of this refund. In the event that the reimbursement is to be made by bank transfer, it will be the responsibility of the customer to promptly provide the bank details on which to obtain the reimbursement (IBAN Code, domiciliary Bank and account holder), so that in the event of late communication of such data by the customer, which should occur after the deadline of 14 days established for the reimbursement, for such delayed reimbursement can not in any case be held responsible Erise s.r.l.. In any case, the customer will not be reimbursed for the additional costs of shipping and delivery of the goods incurred by the latter, if the customer himself has expressly chosen a type of delivery other than the least expensive type of delivery offered Erise s.r.l. The right of withdrawal is totally forfeited, for lack of the essential condition of integrity of the goods (packaging and/or its contents) returned, in cases where Erise s.r.l. ascertains:

• the non-diligent use of the good that has compromised its integrity, or the use of any consumables
• the lack of the original outer packaging and/or inner packaging;
• the absence of integral elements of the product (accessories, cables, manuals, parts, etc.);
• the damage of the product due to causes other than its transport.

In the event of forfeiture of the right of withdrawal, the goods will remain at the headquarters of Erise s.r.l. at the disposal of the Customer for collection at His expense.

The right of withdrawal is not provided in case of sale of the products to companies and/or legal persons.

Right of Withdrawal - Return Form (PDF 94 kb)

6. WARRANTIES

All products offered by ERISE srl are adapted for use on vehicles manufactured and/or marketed in the United States. It is the Customer's responsibility to ensure that products are assembled and used in accordance with local requirements and regulations.

ERISE srl disclaims any responsibility should the products sold by it be used on cars intended for use on public roads.

All products sold by ERISE srl are covered by the manufacturer's conventional warranty and 24-month warranty for conformity defects, in accordance with Legislative Decree 206/05. To benefit from the warranty service, the Customer must keep the invoice.

6.1 - The 24-month warranty under Dlgs 206/05 applies to the product that presents a conformity defect, provided that the product itself is used correctly, in compliance with its intended use and as provided in the attached technical documentation. This guarantee is reserved for the private Consumer (natural person who buys the goods for purposes not related to his professional activity, or makes the purchase without indicating in the order form a reference of VAT). In case of lack of conformity, Erise s.r.l. provides, without cost to the Customer, with the exception of transportation costs, the restoration of conformity of the product by repair / replacement or reduction of the price, until the termination of the contract.

6.2 - In the event that, for any reason, it is unable to return to its customer a product under warranty (repaired or replaced), Erise s.r.l. may proceed at its own discretion to refund the amount paid taking into account the use of the good or to replace it with a product of equal or superior characteristics.

6.3 - The timing of repair or eventual replacement of the product depends exclusively on the policies of the manufacturer and no damage can be claimed from Erise s.r.l. for any delays in making repairs or replacements.

6.4 - In cases where the application of warranties provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc. ...); to limit damage to the original package, we recommend that it be placed in a second box; it should be avoided in all cases the affixing of labels or adhesive tapes directly on the original product packaging. The Customer will be provided with a Return Merchandise Authorization (RMA) number, which must be indicated on the outside of the packaging, following the instructions provided directly in the relevant authorization email.

6.5 - In case of sale to non-consumers, the liability of Erise srl is expressly limited to cases of damage, loss and injury resulting from intent or gross negligence.

7. UNIVOCAL PIECES

7.1 - In case of purchase of a product specially ordered and imported for the consumer Customer, there is no right of withdrawal and any transportation costs will be borne exclusively by the Customer.

8. PRIVACY

8.1 - The personal data requested when placing the order are collected and processed in order to satisfy the express requests of the Customer. Erise s.r.l. guarantees its customers compliance with the regulations on the processing of personal data.

The owner of the data processing is Erise s.r.l.

All details can be found here: Privacy Policy.

9. APPLICABLE LAW AND COMPETENT COURT

9.1 - Applicable Law The contract of sale between the Customer and Erise s.r.l. is concluded in Italy and governed by Italian Law. For the solution of civil and criminal disputes arising from the conclusion of this distance sales contract, the territorial jurisdiction is exclusively that of the Court of Padua.

9.2 - In the event of a purchase made by a person legally identified as a "consumer", the competent court will be that provided by Italian law in force at the time of purchase.

Any complaints should be addressed to:
Erise s.r.l. - via Roma, 241 - 35030 Cervarese Santa Croce (PD)

10. SPECIFIC APPROVAL

The following clauses are specifically approved in accordance with and for the purposes of articles 1341,1342 civil code:4 Mode and cost of delivery, 5 Right of withdrawal, 6 Guarantees and 7 Unique pieces.

Last update September 2020