Art. 1 /General Provisions
1.1) The user navigating in this area accesses Symach website, accessible via the url: www.symach.com . Browsing and transmitting a purchase order on the site implies the acceptance of the Data Protection Conditions and Policies adopted by the site itself, even if it differs from the Customer’s general or particular purchase conditions. Any person acting on behalf of the Client will represent him and will commit to Symach S.r.l..
1.2) These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree No. 206/05 amended by D. Legislative Decree No. 21/14 and Legislative Decree 70/03) by
Company: Symach S.r.l.
Head Office: via Bazzane 69, 40012 Calderara di Reno (BO)
VAT Number: IT02175201207
REA number : 418490
1.3) The user is required, before accessing the products supplied by the site, to read these General Sales Conditions which are generally and unequivocally accepted at the time of purchase.
1.4) The user is invited to download and print a copy of the purchase form and of these General Terms of Sale whose terms Symach reserves the right to change unilaterally and without notice 1.5 ) IIt is possible to use the site and therefore access products supplied by the same and to purchase these in the following languages: English, Italian, French.
Art. 2 / Object
2.1) These General Terms and Conditions of Sale govern the offer, transmission and acceptance of purchase orders for products on www.symach.com/shop and do not govern, instead, the supply of services or the sale of products by subjects. Other than the seller that are present on the same site through links, banners or other hypertext links.
2.2) Before placing orders and purchasing products and services from different parties, we suggest checking their sales conditions
Art. 3 / Conclusion of the Contract
3.1) To conclude the purchase contract, it will be necessary to fill in the electronic form and follow the payment instructions.
3.2) It contains the reference to the General Sales Conditions, the images of each product and
its price, the payment methods that can be used, the delivery methods for the products purchased and the relative shipping and delivery costs, a reference to the conditions to exercise the right of withdrawal; methods and times for returning the purchased products.
3.3) Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data. By clicking on the "Place order " button, the user accepts the Conditions without limitations or reservations.
3.4) The contract is concluded when the seller receives the form filled in by the user, after verifying the correctness of the data contained therein.
3.5) The buyer will be obliged to pay the price from the moment the online order submission procedure is completed. This will be done by clicking on the "Place Order" button at the end of the wizard.
3.6) Concluded the contract and received the payment, the seller takes charge of the order for his evasion.
3.7) In the event that the product is transported to a different location, the products travel at the risk of the recipient, even in the event of a sale or delivery made "free port". All exceptions or reservations regarding the status of the goods transported must be made to the carrier by registered post to be sent within 48 hours of receipt of the goods. Unless otherwise indicated, the goods are sent by our courier. The goods travel at the Customer’s risk. Insurance available upon payment, at the request of the customer.
Art. 4 / Registered Users
4.1) In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his personal data correctly and truthfully.
4.2) Once registered, the user will receive a confirmation email in the email provided by him.
4.3) The confirmation will in any case exempt Symach from any liability regarding the data provided by the user. The user undertakes to promptly inform Symach of any changes to his data at any time communicated.
4.4) If the user then communicates inexact or incomplete data or even in the event that there is a dispute by the interested parties about the payments made, Symach will have the right not to activate or suspend the service until the relative deficiencies are rectified.
4.5) At the first request to activate a profile by the user, Symach will assign the same username and password. The latter acknowledges that these identifiers constitute the system for validating user access to the Services and the only system suitable for identifying the user that the acts performed through such access will be attributed to him and will have binding effect against him.
4.6) The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to sell them even temporarily to third parties.
Art. 5 / Product Availability
5.1) Product availability refers to actual availability at the time the buyer places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of several users, the products could be sold to other customers before the order is confirmed.
5.2) Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the unavailable product and the buyer will be immediately informed by e-mail.
5.3) If the purchaser requests the cancellation of the order, terminating the contract, Symach will reimburse the amount paid within 30 days from the time Symach became aware of the buyer’s decision to terminate the contract.
Art. 6 / Products for Sale
6.1) Symach S.r.l. manufactures and sells bodywork equipment and accessories. The offer is detailed on our website at the link: www.symach.com/shop
Art. 7 / Payment Terms
7.1) The price of the products will be the one indicated from time to time on the site, except where there is an obvious error.
7.2) In the event of an error, Symach will notify the buyer as soon as possible, allowing confirmation of the order at the right amount or cancellation. However, there is no obligation for Symach to supply the sold goods at the lower price incorrectly indicated.
7.3) The prices of the products on the site are inclusive shipping costs but not VAT and any customs costs for importing the products. Prices may change at any time. The changes do not apply to orders for which an order confirmation has already been sente.
7.4) Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the information requested in each step of the process. Order details can be changed before payment. 7.5) Payment can be made via: Nexi Pay / PayPal / Wire Transfer 7.6) The products remain the full property of Symach until full payment of the price, charges, taxes and fees.
7.7) Any claims relating to invoices issued by Symach must be brought to the attention of Symach by registered letter within 10 days of receipt of the invoice. In default, the invoices are considered accepted without any reservation.
Art. 8 / Delivery
8.1) Symach ships anywhere in the world. Delivery terms are indicative non-essential.
8.2) Symach will only deliver to the user’s address, provided at the time of purchase.
8.3) Delivery is made, for the Italian territory, generally within a month. With regard to European Union countries, delivery will be made in one month, and in any case, within a maximum period of thirty days. In non-EU territories, delivery will take roughly one month.
8.4) Symach reserves the right to fulfill the order also through partial deliveries. If the Customer intends to refuse any partial delivery of the goods, he must declare it in writing in advance. Symach reserves the right not to accept a Customer order containing the complete and unique request for fulfillment of the ordered goods. In this case, the acceptance of the order by Symach will be considered binding only if made in writing.
8.5) Unless otherwise expressly agreed in writing, the order fulfillment by Symach beyond the expected delivery terms will not entitle the Customer to request the termination of the contract, unless it is such a delay as to materialize a serious breach of contract.
8.6) If delivery is not possible, the order will be returned to the warehouse at the Symach site. In this case, a notice by e-mail will specify the place where the order is located and the ways in which to agree a new deliveryn.
8.7) If the buyer is not able to be present at the place of delivery on the agreed date and time, please contact us to arrange a different delivery date.
8.8) If the delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that it is intended to terminate the contract.
8.9) As a result of the termination, the amounts will be returned within 30 days from the date of termination of the contract. Transportation resulting from the termination of the contract may have additional costs that will be borne by the buyer.
8.10) Shipping costs are included in the price of the product indicated at the time the order is placed. 8.11) Symach is not obliged to accept returns of the products supplied. Except with the prior written consent of Symach, no return will be accepted if it is not intact, in its original packaging, and without abrasives or labels other than the original ones. A return number (RMA) obtained from the Customer Service will be valid for 15 days from the date of issue and must be clearly stated on the package at the time of return. After this deadline the return number (RMA) will automatically cease to be effective and the return will no longer be accepted. Shipping costs will always be charged to the Customer. Symach reserves the unquestionable right to totally or partially reject the returned products in the following cases: missing or tampered packaging, incomplete delivery of the goods, goods with alterations with respect to its original condition.
Art. 9 / Passing of the Risk
9.1) The risks relating to the products will be borne by the buyer starting from the time of delivery. The ownership of the products is considered acquired as soon as the complete payment of all the amounts due in relation to the same, including the shipping costs, or at the time of delivery, if this occurred at a later time, is received. 9.2) If Symach is held responsible for the total or partial non-fulfillment of its obligations arising from the contract, the total compensation due to the Customer may in no case exceed 10% of the price of the goods that caused the damage.
Art. 10 / Warranty and Commercial Compliance
10.1) In no event shall Symach guarantee that the products supplied are suitable for the specific needs of the user’s activity.
10.2) Symach is responsible for any defect in the products offered on the site, including the non- conformity of the items to the products ordered, pursuant to the provisions of Italian legislation.
10.3) This warranty is valid provided that: the defect occurs within 12 months from the date of delivery of the products; that the buyer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the return form is requested to the email address email@example.com and that it is filled correctly. 10.4) In the event of non-compliance, the buyer who has stipulated the contract will be entitled to obtain the restoration of the conformity of the products without expenses, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract in relation to the disputed goods and the consequent return of the price.
10.5) All return costs for defective products will be borne by the seller.
10.6) Symach will be liable for damages suffered by people or things other than the products covered by the contract only if these damages derive from its intent or gross negligence and exceed the value of Euro 5,000. In no case shall Symach be obliged to indemnify the user or third parties for the consequences deriving from the use of the product, for direct or indirect damages, accidents to persons, damage caused to goods other than the material, loss of benefit or loss of profit.
Art. 11 / Complaints
11.1) Complaints regarding the products delivered by Symach to the Customer must be sent by e-mail or by registered letter to Customer Service within 8 days of receipt of the goods, attaching a copy of the bill, invoice or accompanying document, clearly explaining the reasons for the complaint. After this deadline, the complaint cannot be accepted.
Art. 12 / Withdrawal from the Contract
12.1) In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
12.2) In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day term starts from the date of receipt of the last product.
12.3) The user who intends to exercise the right of withdrawal of the purchase can send an email, indicating the order number and name of the user, to: firstname.lastname@example.org.
12.4) The purchaser must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively to send the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 not mandatory.
12.5) Goods must be returned to: Symach S.r.l., via Bazzane 69, 40012 Calderara di Reno (BO) Italy 12.6) The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will reimburse the amount of the products subject to withdrawal within a maximum period of 7 days, including any shipping costs.
12.7) As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the reimbursement until receipt of the goods or until the demonstration by the buyer of having sent back the goods.
12.8) The site will make the refund using the same payment method chosen by the buyer at the time of purchase. In the case of payment made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for the repayment.
Art. 13 / Data Processing
13.1) The data of the buyer are treated in accordance with the provisions of the legislation on the protection of personal data, as per Art. 13 GDPR 2016/679
Art. 14 / Safeguard Clause
14.1) In the event that one of the clauses of these General Terms and Conditions of Sale were void for any reason whatsoever, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
Art. 15 / Contact Details
15.1) Any request for information can be sent by e-mail to the following address email@example.com, by telephone at the following telephone number: +39 051 963161, and by mail to the following address:
Symach S.r.l., via Bazzane 69, 40012 Calderara di Reno (BO) Italy
Art. 16 / Applicable Law and Competent Court
16.1) These General Terms and Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of the purchaser. Consequently the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law.
16.2) Any disputes concerning and / or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the purchaser is a Consumer, any disputes must be settled by the court of Bologna.
These conditions have been drafted on April 6th, 2019.