Shopping Cart

0

Your shopping bag is empty

Go to the shop
Close

TERMS AND CONDITIONS OF SALE

TERMS AND CONDITIONS OF SALE

1) Distance contract and definitions

2) Acceptance of the General Conditions of Sale

3) Purchase methods and sales prices

4) Payment Methods

5) Product Availability

6) Delivery methods and costs

7) Buyer's obligations

8) Right of withdrawal

9) Guarantees and assistance methods

10) Privacy and processing of personal data

11) Complaints

12) Contractual termination express termination clause

13) Competent jurisdiction and court

14) Conclusions

 

 

1) Distance contract and definitions

By online sales contract, we mean the distance contract, i.e. the legal transaction stipulated between a supplier and a customer as part of a system for the sale of goods or the provision of remote services organized by the supplier who, for this contract, uses the remote communication technology called internet.

All contracts are, therefore, concluded directly through access by the customer to the website www.okminicar.it

In this contract the supplier is: okminicar by Antonio Russo for private individuals and Aerreauto Srl for wholesale, with headquarters at Via Aerreauto 53 – 80078 Pozzuoli (NA)

Customer means the natural person who, in relation to the above contract, acts for purposes not related to any professional activity carried out.

2) Acceptance of the General Conditions of Sale

The Customer, via an online procedure, sends okminicar a purchase order for the selected product or products. The contract between the parties will also be considered concluded with the partial acceptance of this order by okminicar.

Okminicar has the unquestionable right not to accept the Customer's purchase proposal and to be able to request, at its discretion, from the Customer a confirmation of the order placed to verify its veracity.

As required by the art. 3 and 4 of Legislative Decree 185/1999, the Customer, once the online purchase procedure has been completed, will print or save an electronic copy and in any case keep these general conditions of sale.

By sending the order via the sales system defined as e-commerce, accessible via the website www.okminicar.it , the Customer allows okminicar to send subsequent communications by telephone, fax and e-mail, in order to complete the conclusion and execution of the sales contract.

The Customer accepts okminicar's use of the above techniques pursuant to art. 10 of Legislative Decree 185/99.

3) Purchase methods and sales prices

All sales prices of the products present on the website www.okminicar.it , which constitute an offer to the public pursuant to art. 1336 Civil Code, are inclusive of VAT and all other taxes.

Prices may be modified by okminicar at any time and without notice. The Customer will bear the shipping costs. These costs may vary depending on the weight, size and destination of the goods.

The Customer has the possibility to purchase only the products that can be viewed in the virtual store at www.okminicar.it . It is understood that the technical data sheets and images relating to the products may not be perfectly congruent with the actual characteristics of each individual product and may differ in colour, dimensions, accessory products, packaging and technical characteristics. Therefore they are to be considered purely indicative.

The purchase order sent by the Customer to okminicar will be communicated via an automatic response via e-mail, sent to the email address communicated by the Customer. This message will contain the Date, Time and Order number, to be provided as a reference to okminicar. for any subsequent communication. This communication is not to be understood as an order confirmation.

The Customer undertakes to verify the correctness of the data entered in the order confirmation and to promptly communicate any discrepancies to okminicar, according to the methods described in this document.

In case of non-acceptance of the order, okminicar guarantees adequate information to the Customer by e-mail.

okminicar cannot under any circumstances be held responsible for direct or indirect damage to people and/or things caused by non-acceptance, even partial, of an order.

4) Payment Methods

The Customer can make the payment using one of the following methods:

a) Advance bank transfer
 With this payment method, what the Customer orders will be kept busy for three days from the date of acceptance of the order, unless a copy of the bank transfer receipt is received. Once these deadlines have passed, okminicar reserves the right to cancel the order at its sole discretion. The order will be sent only when the sum due is actually credited to okminicar's current account. In order to speed up delivery times, we recommend sending a copy of the payment receipt to the number 081-5882574 by fax within 3 days from the date of acceptance of the order, indicating:
    • the order reference number;
    • of the date of placing the order;
    • of the name and surname of the order holder.
    • CRO Number (Operation Reference Code)

The bank transfer must be made out to okminicar, the bank transfer data will be displayed upon order confirmation.

 

b) Credit Cards
The payment circuit affiliated with okminicar is the Gestpay platform, a latest generation product provided by Banca Sella.
With this payment method, the Customer's data is encrypted using an SSL certificate by the bank. The data entry takes place directly on the bank's servers, therefore okminicar is not able to know the information relating to the Customer's credit cards. Under no circumstances can okminicar be held responsible for any fraudulent use of the credit card by third parties of products purchased on the website www.okminicar.it

To guarantee the Customer, okminicar reserves the right to request, at the time of purchase, a copy of the documents proving ownership of the card used. Following this request, if the documents are not received, okminicar reserves the right not to accept the order.

The charge is made after the goods have been shipped. If the order is not completely processed, only the partial amount relating to the products actually shipped will be charged. This payment method may not be available for some types of products.

In the event that the order is canceled by the Customer or by okminicar., the latter will request the cancellation of the transaction and the release of the sums made available by the Customer. The release times vary depending on the type of credit card; any delays do not depend on the will of okminicar.

Under no circumstances can okminicar be held responsible for direct or indirect damages due to delays attributable to the banking system.

c) Cash on delivery
For cash on delivery, the amount must be paid only by cash or banker's check made out to okminicar, advanced by fax. The courier in charge will not accept bank or postal checks. By choosing this payment method, a surcharge will be applied to the Customer, as a right of cash on delivery, however explicit at the time of completing the order. For this payment method you must ask for authorization at 081/5882417

d) Cash
Payment in cash can only be made if "collection at the office" is chosen as the shipping method

5) Product Availability

The okminicar e-commerce system is designed to process orders immediately and avoid unnecessary waiting for the customer; it indicates, in real time, in its electronic catalogue, the availability of the products and any conditions of unavailability.

If the product is not available online, okminicar will communicate the next availability via e-mail (if requested by the customer).

Since adding to the cart and forwarding the order "online" can change the warehouse stock, okminicar reserves the right to communicate the unavailability of the goods ordered.


6) Delivery methods and costs

The goods are shipped via couriers affiliated with okminicar and are insured with full coverage, carriage paid, with transport charged on the invoice. The shipping costs are visible online and may vary depending on the destination, weight and volume of the goods. okminicar can carry out promotional activities for some products, for which shipping costs are free. For products whose destination is areas for which there is an increase and/or supplement compared to the normal shipping costs, the aforementioned promotional activities will only be valid to the extent of the standard shipping costs. Any supplements and/or increases will be borne by the Customer, even if not specified during the order completion phase.

okminicar is not responsible for any delay in processing the order or in delivering the products due to the courier.

Upon delivery of the goods by the courier, the Customer is required to check:

      • that the number of packages corresponds to what is indicated in the accompanying invoice advanced by e-mail from okminicar and the carrier's delivery note;
      • that the packaging is intact, not damaged, wet or otherwise altered, including the seals (adhesive tapes or security seals).

The existence of any damage or mismatch in the number of packages must be immediately reported to the courier by making a specific note on the delivery note.

It is understood that in the event of no dispute, the Customer accepts the goods delivered to him.

The goods travel at the risk of the recipient even if sold carriage paid. Risks arising from transport are insured.

Any problems relating to the integrity, correspondence or completeness of the products received must be reported within 24 hours of delivery by e-mail to okminicar@hotmail.it or fax to the number 081-5882574.
In case of failure to collect the material in stock at the courier's warehouses within 5 working days resulting from the impossibility of delivery to the address indicated by the Customer, the purchase order will be automatically cancelled. If the Customer expresses the desire to receive the goods again, the shipping costs will be entirely at his expense (the return costs due to storage and those for new shipment).

 

7) Buyer's obligations

Once the online purchase procedure has been completed, the Customer undertakes to print and keep these general conditions of sale as well as the specifications of the product being purchased (articles 3 and 4 of Legislative Decree no. 185/1999). However, both the images and the technical data sheets are indicative and may not correspond to the actual characteristics of the product. okminicar cannot be held responsible for any inconsistencies.

The buyer undertakes to send his/her data to okminicar through a specific registration procedure in order to be able to accurately start the process for the execution of this contract.

The buyer is expressly prohibited from entering false and/or fictitious data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; the personal data transmitted by the customer must correspond to their real personal data and not those of third parties or fictitious ones.

The Customer authorizes okminicar and undertakes to provide, at the latter's discretion, a copy of unexpired identity documents. Failure to comply with the request for documents authorizes okminicar to terminate the contract due to default by the buyer. It is expressly prohibited to make multiple registrations corresponding to the same person or to enter data of third parties. okminicar reserves the right to legally prosecute any violation and abuse, in the interest and protection of consumers.
The Customer indemnifies okminicar from any liability deriving from the issuing of incorrect tax documents due to errors relating to the data provided by the Customer, the Customer himself being solely responsible for the correct insertion.

8) Right of withdrawal

Pursuant to art. 5 DL 185/1999 The "Customer" who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the deadline:
- 10 working days starting for the goods from the day of their receipt

This right can only be exercised by consumers, therefore all purchases made for purposes not unrelated to entrepreneurial or professional activity, i.e. where a VAT number reference is entered in the appropriate order form, do not enjoy this right.

All return costs of the products are expressly borne by the Customer, who, through his own forwarder, will forward them to the okminicar logistics structure, subject to the essential return authorization which will be assigned by okminicar via e-mail (okminicar @hotmail.it).

All items must arrive in the same condition as received.
The substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal.

They must be returned in a normal state of conservation, as they have been kept and possibly used with the use of normal diligence, equipped with any manuals and accessories.

It is understood that the transport risks for returning the items are entirely borne by the Customer; the customer will not be able to exercise this right for products made to measure or clearly personalized or which, by their nature, cannot be returned or risk deteriorating or expiring rapidly.

The Customer may exercise the right of withdrawal by making a specific complaint by fax or e-mail. Any type of communication (including complaints) must be followed up under penalty of forfeiture within 48 hours by a registered letter with return receipt addressed to Aerreauto Srl – Via Antiniana, 53 – 80078 – Pozzuoli (NA).

To facilitate the return operations for the Customer who expresses his/her withdrawal, a goods return identification number will be communicated via e-mail or communication on a special page set up within the site. This number will facilitate the return of the goods, which must take place no later than ten working days from communication of the return number. The return of the product for which withdrawal was requested and obtained after the aforementioned deadline implies the forfeiture of the same with simultaneous refusal of redelivery.

okminicar will accept the returned goods reserving the right to verify that the products have been returned intact in the same conditions as reception. It is advisable to cover the product with other protective packaging that preserves its integrity and also protects it from writing or special labels. Only in this case will the entire amount paid by the Customer be forwarded within the legal deadlines.

okminicar will credit the same sum by bank transfer, as quickly as possible and in any case within thirty days from the date of receipt of the notice of withdrawal.

The Customer will be able to communicate his bank details (ABI Code - CAB - Current Account of the invoice holder) and okminicar will remit the amount due.

The right of withdrawal lapses in its entirety when the "substantial integrity of the goods" is no longer present and in cases where the okminicar ascertains:

- the absence of integral elements of the product (accessories, manuals, parts, ...);
- use of the product in such a way as to make it impossible to restore it to the conditions pre-existing upon sale;
- damage to the product for reasons other than its transport;
- a state of dirtiness of the product due to its use, which has compromised its integrity.

In the event of forfeiture of this right, okminicar will return the purchased good to the sender, charging the shipping costs to the sender.

9) Guarantees and assistance methods

Warranty assistance can be managed:

  • Direct assistance from okminicar.

The warranty assistance provided directly by okminicar can be used by calling 081/5882417

Then :

  • okminicar will repair the product or, if it is not possible to carry out the repair, will replace the product with an equal, equivalent or superior one at okminicar's discretion.
    If the product cannot be repaired or found in any way, okminicar has the right to fulfill the Warranty Conditions by means of a Credit Note and refunding the purchaser the amount paid.
  • Shipping costs to and from okminicar are the responsibility of the Customer. All risks deriving from transport are borne by the Customer.
  • The goods sent to okminicar for warranty assistance must be returned by the Customer in the original packaging, complete in all its parts, including packaging and any documentation and accessory equipment, cables, etc.
  • In all cases, affixing labels or adhesive tapes to the original packaging of the product should be avoided. In order to preserve the integrity of the item, it is recommended to place it inside a second protective box and on this it is mandatory to affix the RMA number (Return authorization code received from okminicar).
  • If the conditions listed above or agreed in advance with okminicar are not respected, the same reserves the right to reject the goods to the sender, at his expense.
  • If the product is tampered with, the warranty will be void.
  • If the defect, indicated by the Customer, is not found by okminicar or the authorized centre, the Customer will have to bear any transport costs, if they were borne by okminicar.
  • Any right of the Customer to compensation for damages or compensation is excluded as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things due to malfunctions or imperfections of the products purchased from okminicar.

10) Privacy and processing of personal data

To navigate within the website www.okminicar.it, no registration is necessary. If the Customer wishes to proceed with the purchase of one or more products, they will be asked, through a specific procedure, to send their personal data, to the extent of the information strictly necessary for the purchase and delivery of the product.

These data are processed electronically in compliance with current laws and may be provided to the judicial authority, if officially requested.

Personal data will be communicated only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disseminated exclusively within the scope of this purpose.

The Customer expressly undertakes to provide okminicar with a copy of the identity documents deemed necessary to carry out the necessary checks. Failure to comply with the aforementioned request authorizes okminicar to immediately terminate the contract due to non-compliance.

The interested party enjoys the rights referred to in article 13 L.675/1996, namely: to request confirmation of the existence of his/her personal data at the okminicar headquarters; to know their origin, the logic and the purposes of their processing; to obtain its updating, rectification and integration; to request its cancellation, transformation into anonymous form or blocking in case of unlawful processing; to oppose their processing for legitimate reasons or in the case of use of the data for sending advertising material, commercial information, market research, direct sales and interactive commercial communication.
Obtaining the cancellation of your personal data is subject to sending a written communication sent via fax 081-5882574 or by post to the company headquarters.
The owner and manager of the collection and processing of personal data is Aerreauto Srl - Via Antiniana 53 – 80078 - Pozzuoli (Na).

11) Complaints

All complaints must be sent by e-mail to okminicar@hotmail.it , or by fax to the number 081-5882574, and followed by registered letter with return receipt within 3 days of the complaint being made. The Customer will receive an email confirming the opening of the complaint within the following three working days; with the same communication, instructions will be provided for the definition of the procedure and requests for clarification or documentation will be forwarded.

12) Contractual termination and express termination clause
okminicar has the right to terminate the stipulated contract by communicating this wish to the Customer, providing valid and justified reasons.

The obligations assumed by the Customer pursuant to art. 7 of these general conditions of sale, as well as the guarantee of successful completion of the payment that the Customer makes with the means referred to in the art. 4, are fundamental in nature, so that by express agreement, the Customer's failure to fulfill just one of these obligations will result in the legal termination of the contract pursuant to art. 1456 cc, without the need for a judicial ruling, without prejudice to the right of okminicar to take legal action for compensation for further damage.

13) Jurisdiction and competent court

For the resolution of disputes arising from the conclusion and execution of this contract, the Court of Naples is competent.

14) Conclusions

The conditions of this contract may be modified at the sole discretion of okminicar at any time, without notice and will be valid from the date of publication on the site.