Terms of sale - Coltri Compressors

These General Terms and Conditions of Sale (as defined below) govern the contractual relationship between the company:

Aerotecnica Coltri S.p.A.

Via dei Colli Storici, 177 – 25015 Desenzano del Garda (BS) – Italy
P. VAT: IT00648210987 – Tax Code: 01690740178 – REA: 261900
Share Capital: € 1,000,000.00 (i.v.)
PEC: [email protected]

also referred to subsequently as “Seller”

Consumer Customers who purchase the products of the same company at a distance, through the Coltri.com website.

Before sending the Order, the Customer is required to read carefully these General Terms and Conditions of Sale, which are made available to him on the aforementioned website so that they can be read, stored and archived.

Art. 1. Acceptance of the terms of service

1.1 These General Terms and Conditions of Sale (as defined below) and any subsequent amendments that may be made, shall apply for the purpose of the Customer’s (as defined below) use of the Site (as defined below) and purchase of the Products (as likewise defined below).

1.2 The purchase of Products through E-commerce is governed by these General Conditions of Sale and by the indications contained in the sections of the Site consulted by the Consumer Customer in the steps necessary to place the order, which are to be considered an integral and substantial part of these General Conditions of Sale.

1.3 Aerotecnica Coltri S.p.A. (“Aerotecnica Coltri”) reserves the right to amend these General Terms and Conditions of Sale without prior notice, it being understood in this regard that any amendments shall not have retroactive value and shall come into force immediately, from the moment of their publication.

1.4 The terms and conditions applicable to each individual order shall be those set forth on the Site at the time the order is placed. Any changes to these Terms and Conditions shall be effective upon posting on the Site and shall apply only to orders placed after such posting.

1.5 These General Terms and Conditions of Sale are drawn up in compliance with the regulations on contracts concluded at a distance between professionals and consumers pursuant to Legislative Decree No. 206/2005 (“Consumer Code”), Legislative Decree No. 70/2003 and Legislative Decree No. 59/2010, as amended.

1.6 The Customer can download these General Terms and Conditions, published on August 14, 2021 from the following link https://coltri.com/condizioni-duso

1.7 The Customer shall send any communication and/or complaint directed to the Seller and concerning the sale through E-commerce to the following addresses:

Art. 2. Definitions

Unless otherwise provided for in the Contract, the following terms and expressions shall have the following meanings:- Aerotecnica Coltri: means the company Aerotecnica Coltri S.p.A., with registered office and production unit located in via dei Colli Storici, 177 – 25015 Desenzano del Garda (BS) – Italy, REA no. 261900, VAT no: IT00648210987 – Tax Code: 01690740178, Tel +39 030 9910301 owner of the website coltri.com and related domains, e-mail [email protected] (general information), and to the addresses below for requests and information on e-commerce procedures, orders and shipments and complaints:
Or to the PEC address: [email protected]

– Consumer Code: means Legislative Decree No. 206 of September 6, 2005, as amended.

– General Terms and Conditions of Sale: means these terms and conditions, and any subsequent amendments thereto, governing the use of the Site by the Consumer Customer and the contractual relationships associated with the purchase of Products.

– Order Confirmation: means the message sent by e-mail by the Seller by which it informs the Consumer Customer of the acceptance of the purchase order

– Consumer or Consumer Customer: means the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, pursuant to Article 3(a) of the Consumer Code.

– Contract of Sale: means the document consisting of these General Conditions of Sale and the Order Confirmation.

– Manufacturer: means Aerotecnica Coltri S.p.A., in its capacity as manufacturer of the Products specifically identified as “Compressors” within the Site.

– Login Credentials: means the “username/email address” and “password” related to each Customer’s account, necessary for access to the restricted area of the Site and to conclude the Contract.

– Purchase Order: means the form sent by the Consumer Customer through the use of the Seller’s site referring to one or more products, through the order procedure indicated on Coltri.com.

– Parties: means Aerotecnica Coltri and the Consumer Customer.

– Product(s): means the goods shown on the Site and made available by the Seller for purchase by the Consumer Customer via electronic catalog

– Professional or Professional Customer: means the Customer (natural or legal person) acting in the exercise of its entrepreneurial, commercial, artisan or professional activity (generally in possession of a regular VAT number), or its intermediary. If the Customer intends to conclude the contract of sale of Seller’s Products acting as a Professional, he/she must check the option “Do you need an invoice” present on the checkout page(coltri.com/checkout) and fill in the mandatory fields for the invoice request.

– Site or Website: means the “E-SHOP” platform that can be reached at the following URT coltri.com/products owned by Aerotecnica Coltri S.p.A., dedicated to retail and distance selling

– Vendor, denotes the company Aerotecnica Coltri.

Art. 3. Purchase Order and Sales Contract.

3.1 The Site allows you to order and purchase online the Products made available on the Site by Seller.

3.2 The Contract of Sale consists of the provisions of the Site as completed by the Consumer Customer when placing the Purchase Order, as well as these General Terms and Conditions of Sale. These General Terms and Conditions of Sale may be saved and printed by the Customer.

3.3 The Order Summary on the Site and these Terms and Conditions of Sale must be accepted on the Site in order to finalize the Purchase Order and a copy of them will be sent by e-mail to the address provided by the Consumer Customer when registering on the Site.

3.4 These General Terms and Conditions of Sale, products and prices appearing on the Site remain valid as long as they are visible on the Site and may be changed at any time without notice. All Orders are governed by the General Terms and Conditions of Sale and prices shown on the Site at the time the Order is placed.

3.5 All purchases of Products made through the Site by the Consumer Customer who accesses it are governed by these General Conditions of Sale, as well as by the other provisions and operating instructions contained in the Site. In the event of any conflict between what is set forth in the aforementioned provisions and operating instructions and what is contained in the General Conditions of Sale, the latter shall prevail.

Art. 4. Site Registration – Login Credentials.

4.1 The Consumer Customer must register on the Site in order to proceed with the ‘Order to purchase Products.

4.2 After registration, the Consumer Customer will have access to his or her personal profile, which will allow him or her to take advantage of all the features of the Site (also referred to as the “Profile”).

4.3 The purchase of Products is reserved exclusively for Consumer Customers who have reached the age of majority. The Customer agrees to provide true data and to update them in case of change and declares to be aware that to proceed with the purchase of the Products must be at least 18 years old.

4.4 The Consumer Customer also declares that he/she is aware that all acts and facts with legal and/or economic effect performed on the Site through his/her Profile will be attributable to him/her.

4.5 The Consumer Customer is required to guard the Site Access Credentials with the utmost care, confidentiality and diligence, undertaking not to disclose them to others.

The Consumer Customer agrees to immediately notify Aerotecnica Coltri of any theft, loss or loss, of the access credentials or only a part of them and in any case their possible unauthorized use by third parties.

The Consumer Customer is directly responsible for the protection about the confidentiality of the credentials of access to its Profile, which it undertakes to use in a personal way.

4.6 The Consumer Customer also undertakes to immediately notify the Seller at [email protected] of any unauthorized use of the credentials for access to its Profile, as well as any other fact that violates its security.

4.7 Aerotecnica Coltri shall not be held liable in any way for any damages caused by the use of the Consumer Customer’s Personal Profile or access credentials to the Consumer Customer’s Personal Profile by third parties, with or without the Customer’s authorization and regardless of whether the Customer is aware of it.

4.8 For further information on the obligations of the Consumer Customer in the use of the Site and the credentials linked to his account, on the Seller’s disclaimers regarding the use of the Site and on the intellectual property of the content posted on the Site, please refer to the General Terms and Conditions of the Site, available at the following link https://coltri.com/note-legali/

Art. 5. Parties to the contract.

Parties to the contract are Aerotecnica Coltri and the Consumer Customer, whose personal data are indicated in the Order Confirmation sent by the Seller: it constitutes an integral part of the Contract of Sale.

Art. 6. Subject matter of the contract.

6.1 These General Conditions of Sale govern the purchase, made by Consumer Customers, of the Products referred to in the electronic catalog made available on the website ww.coltri.com, B2C (Business to Consumer) section.

6.2 These General Conditions of Sale do not apply to contracts concluded with Professional Customers, for whom the B2B (Business to Business) section of the Site is reserved. In the event that a Professional Customer nevertheless concludes the contract of sale with the Seller through the B2C section, the rules for the protection of the Consumer Customer provided by the Consumer Code shall not be applicable in his favor under any circumstances.

6.1 These Terms and Conditions apply to all purchases made on or after August 14, 2021.

Art. 7. Purchase procedure and conclusion of the Contract.

7.1 The Consumer Customer may purchase one or more Products in the electronic catalog of the Site (illustrated and described in the respective information sheets) by placing them in the “shopping cart” and respecting the technical procedures for accessing the Site.

7.2 The publication and description of the Products on the Site constitutes an invitation to the Consumer Customer to formulate a contractual proposal of purchase to the Seller. Prior to the actual placing of the order, the Customer is shown a page summarizing, among other things, the Products selected, their price and any delivery charges. The General Terms and Conditions and Privacy Policy are viewable, savable, and printable before the order is placed.

7.3 The order sent by the Consumer-Customer has the value of a contractual proposal and, by sending such order, the Consumer-Customer acknowledges that he/she has had full knowledge of and fully accepts these General Terms and Conditions of Sale. The Consumer Customer is requested to print and keep the order summary that will be emailed to him/her by the Seller.

7.4 The Seller has the right to accept or not, at its own discretion, the order sent by the Consumer Customer, without the latter being able to make claims or rights of any kind, for any reason whatsoever, in the event of non-acceptance of the Order. Acceptance of the Customer’s proposal is confirmed by the Seller by means of an order confirmation e-mail message to the e-mail address communicated by the Consumer Customer when registering on the Site. The Purchase Agreement entered into between the Seller and the Consumer Customer shall be deemed concluded with the sending of the order confirmation, subject in any case to the verification referred to in Article 7.5 below.

7.5 The Customer Consumer acknowledges that the order confirmation referred to in art. 7.4 above is sent following an automated check; if, when preparing the order, the Seller finds any errors in the catalog and/or order in relation to the price and/or characteristics and/or availability of a Product, it shall promptly notify the Customer Consumer in order to agree on the modification or cancellation of the order.

7.6 The Consumer Customer, as precisely “consumer”, may exercise the right of withdrawal under the terms and conditions of the law. In this regard, please refer to Articles 22 (“Right of Withdrawal of the Consumer Customer”) and 22.6 (“Cases of Exclusion of the Right of Withdrawal”) of these General Conditions of Sale.

7.7 The Customer Consumer acknowledges that certain products posted on the Site may not lend themselves to return, if: – customized, – sealed and opened after delivery, – by their nature intended to mix inseparably with other goods, after delivery. Therefore, certain rights due to the Consumer Customer may be limited.

Art. 8. Description and photographic representation of the Products

8.1 The photographic representation of the Products on the Site, including through video, where available, corresponds to a standard Product of the same type and/or its packaging. Said representation has the sole purpose of illustrating and presenting the Products for sale, without any guarantee and/or commitment, on the part of the Seller about the exact correspondence of the image depicted on the Site with the Products that will be delivered to the Consumer Customer.

8.2 In the event of any difference between the image and the product sheet or the descriptive texts of the Products, the description of the Product sheet published on the Site shall prevail.

Art. 9. Availability of Products.

9.1 The Consumer Customer may only purchase the Products in the catalog published on the Site and in the quantities indicated therein. Prices and availability of the Products, as listed on the Site, are subject to change at any time without notice.

9.2 The Site highlights the Products available for shipment. The Consumer Customer acknowledges that, due to the possible simultaneous access to the Site by several users and the time elapsing between the loading of the web page and the insertion in the shopping cart, the actual availability of individual Products may vary significantly during the same day with respect to the indications shown on the Site.

When the order proposal is sent by the Consumer Customer, the Site’s computer system verifies the actual availability of the purchased Products and notifies him/her of any unexpected unavailability of one or more Products, before the same Consumer Customer makes payment.

9.3 The Seller undertakes to fulfill its obligations in the manner and within the terms set forth in art. 12 of these General Conditions of Sale; should the delivery times of the Products ordered be delayed with respect to those indicated on the Site prior to the order, the Seller undertakes to promptly notify the Consumer-Customer by means of an e-mail message to the address indicated by the latter when purchasing the Products. If it should not be possible, for any reason, to proceed with the delivery of the Products ordered in accordance with Article 12 of these General Conditions of Sale, the Seller reserves the right to notify the Consumer Customer of the cancellation of the order.

Art. 10. Countries authorized for sale, prices of Products and delivery charges

10.1 The displayed prices refer only to the countries enabled for sale, specifically:

Austria
Belgium
Bulgaria
Cyprus
Croatia
Denmark
Estonia
Finland
Germany
Greece
Ireland
Italy
Latvia
Lithuania
Luxembourg
Malta
Norway
Portugal
Czech Republic
Romania
Slovakia
Sweden
Switzerland
Turkey
Ukraine
Hungary

10.2 The Consumer Customer shall pay to the Seller the price charged for the Products purchased, in accordance with the time and manner indicated on the Site and summarized on the order confirmation page.

10.3 All prices of the Products, as well as any other charges and expenses shown on the Site are in euros and are inclusive of VAT.

Where the price of a Product is discounted from the ordinary price, the percentage discount, the original or ordinary price, and the final price will be indicated.

In the event that a Product should show different prices in different sections of the Site, the price for the purchase by the Consumer Customer shall be understood to be the price visible on the detail page of that Product.

10.4 The price of the Products purchased by the Consumer Customer shall be the price calculated at the time of the order summary, without any consideration of price increases or decreases, including for promotions, that may have occurred after the order was placed or ended prior to such placement.

10.5 Shipping costs are currently free of charge for orders whose amount is equal to or greater than €150 (one hundred and fifty/00) for deliveries in Italy and equal to or greater than €300 (three hundred/00) for deliveries in the rest of the world (in countries enabled for sale), or in case of current promotions. For orders of equal or lesser amount, the shipping cost is:

€uro 9.00 (nine/00) including VAT, shipping costs in Italy.
€14.00 (fourteen/00) including VAT, shipping costs to Austria, Belgium, Germany, Luxembourg.
€20.00 (twenty/00) including VAT, shipping costs to Croatia, Denmark, Finland, Greece, Ireland, Portugal, Sweden, Bulgaria, Cyprus, Estonia, Latvia, Lithuania, Malta, Czech Republic, Romania, Slovakia, Hungary.
€24.00 (twenty-four/00) excluding VAT, shipping costs to Norway, Switzerland, Turkey, Ukraine.

10.6 The amount of shipping and delivery charges, where due, is shown on the order summary page shown to the Consumer Customer before the order is sent.

Art. 11. Phases and modalities of the Order procedure on the Site.

11.1 Order procedure

11.1.1 A Consumer Customer who wishes to purchase a Product on the Site must access its Profile.

Having accessed the Site in the manner described in the Site’s Terms of Use, the Consumer Customer must follow the wizard and enter the required information in the appropriate fields on the Site.

11.1.2 The Consumer Customer may only purchase the Products on the Site and in the quantities specified therein. The prices and availability of the Products, as stated on the Site, are subject to change at any time and without notice. The User acknowledges that, due to the possible simultaneous access to the Site by multiple users and the time between the loading of the web page and the insertion in the shopping cart, the actual availability of individual Products may vary. The Site verifies the actual availability of the Products purchased and notifies the Consumer Customer of any unexpected unavailability of one or more Products before the conclusion of the order process.

11.1.3 The Consumer Customer shall select the desired Products, one at a time, by placing them in the cart configured by the Seller, using the “Buy Now” button. At the end of the guided procedure on the Site, the Products thus selected will constitute the object of the order that will be sent telematically to the Seller.

Before submission, the Consumer Customer will check the order summary, which indicates the Products placed in the shopping cart, the price with any shipping and ancillary charges, the mode of delivery, transportation and payment and any other special conditions selected during the order process.

Upon completion of the above steps, regardless of the type of payment chosen, the Consumer Customer will be asked to read and approve by selecting an appropriate check-box.

11.1.4 By placing the order, the Customer Consumer agrees to pay the price and any ancillary costs and charges set forth in the summary.

11.1.5 The quantity of each of the Products set forth in the Order shall be deemed to be the maximum quantity and Seller is therefore permitted, in the event of unavailability of Products, to deliver less than the quantity set forth in the Order. In the latter case, the Seller shall charge the Price for the quantities of Products actually delivered and shall be released from any further obligation with respect to the missing quantities.

The Seller shall not be liable in any way for the temporary or permanent unavailability of one or more Products. In case of unavailability, even temporary, of the Products included in the Order, the Seller undertakes not to charge the corresponding price to the Consumer Customer.

11.1.6 The Seller shall be bound by the Consumer Customer’s order only if it is submitted through the correct procedure indicated on the Site, without any highlighting of error messages and until its completion. In the event of a malfunction in the procedure of processing and forwarding the order, the Seller undertakes to promptly notify the Consumer Customer of the impediment and remedy it, clearly communicating whether the order should be considered cancelled.

11.2 Receipt of order

11.2.1 Following payment, the Consumer Customer will receive by email a receipt of the order placed through the Site, containing a list of the Products purchased and their essential characteristics, the price, tax and accessory charges and any shipping costs, the delivery term as agreed upon in the order, the general and particular conditions applicable to the order itself, the means of payment selected, and the terms of withdrawal.

11.2.2 The Contract of Sale is concluded when the Consumer Customer submits its order and receives the order receipt from the Seller.

11.3 Order cancellation and modification

11.3.1 The Consumer Customer may change the order and cancel it according to the timeframe indicated in the order receipt.

11.3.2 The Seller, as a result of unforeseen logistical and organizational difficulties, may cancel the order by giving notice by e-mail to the Consumer Customer or, upon agreement with the same, change the day of delivery.

11.4. Filing of orders

The Seller will keep all orders received from the Consumer Customer in digital or paper format, according to appropriate confidentiality and security criteria. For any copies or other requests in this regard, the Consumer Customer may contact the Seller at the following contact details:

However, the Consumer Customer is encouraged to archive on appropriate durable medium the order receipts, in addition to these General Terms and Conditions of Sale.

Art. 12. Shipping and delivery times

12.1 The Seller will fulfill the order (when goods are available) normally within 24 hours (except weekends and holidays) from the day of receipt of the same. Specifically, orders received by 10:00 a.m. are tentatively processed in the afternoon of the same day, while those received after 10:00 a.m. are tentatively processed the following day.

12.2 With the fulfillment of the order, the Seller entrusts the Products to the courier or freight forwarder for shipment to the address indicated by the Consumer Customer, summarized in the order confirmation. Deliveries by ground transportation take place approximately within the next 24/48 hours (excluding weekends and holidays) for Italy and approximately within the next 48/72 hours (excluding weekends and holidays) for Europe.

12.3 The fulfillment and delivery terms referred to in Article 12.1 above shall be understood as indicative and in no way binding on the Seller; no liability can therefore be charged by the Consumer Customer to the Seller in the event that the Products are not delivered according to the aforementioned indicative terms.

In compliance with applicable regulations, the Seller shall in all cases undertake to deliver the Products to the Consumer Customer within 30 days from the date of conclusion of the contract.

12.4 Delivery times refer to the Products in stock at the time of the purchase order.

12.5 No liability shall be imputed to Seller for delays in delivery of goods due to unforeseeable circumstances or force majeure, as well as in the event of strikes, weather events, special holidays, warehouse inventories, relocations, changes in information systems, health epidemics and other extraordinary events; these are likely to cause delays exceeding the indicative time in the fulfillment of orders, even in the order of several days.

In any case, should the delivery time of the ordered Products be delayed with respect to the delivery time indicated on the Site prior to the order, the Seller undertakes to promptly notify the Consumer Customer by means of an e-mail message to the address indicated by the latter when placing the order or linked to his Profile.

12.6 Delivery of the Products will be made in the manner and to the address indicated in the order receipt.

Art. 13. Payment arrangements.

13.1 General conditions

13.1.1 Payment of the amount due by the Customer Consumer in execution of the Contract, as summarized at the time of placing the Order, if delivery takes place in Italy, may be made in the following ways: (i) by credit card or PayPal; (ii) bank transfer in advance; (iii) cash on delivery.

Please note that payment by credit card is reserved for Consumer Customers with a residential address in Italy.

In case cash on delivery (cash on delivery) is chosen as the method of payment, extra surcharges are indicated in Article 13.4 below.

13.1.2 Only PayPal and advance bank transfer payments are allowed for purchases from abroad.

13.1.3 All PayPal transactions are subject to PayPal’s Privacy Policy.
13.1.4 The Consumer Customer is required to choose, at the time of conclusion of the Purchase Agreement, the chosen mode of payment

13.1.5 In case of questions about the payment method, the Customer Consumer may contact the Seller at the following telephone number +30 030 9910301 or at the e-mail addresses:

13.1.6 For the purpose of fraud protection, a check of the Order may be made and, in this context, the Customer may be contacted in order to justify his or her identity.

13.2 Payment by credit card or PayPal

13.2.1 If the Consumer Customer proceeds to purchase the Products with payment by credit card or PayPal, the buyer’s credit card information will be transmitted and managed by a third party (“Intermediary”), via secure connection directly to the website of the Intermediary handling the transaction. The accepted circuits are indicated on the Site prior to placing the order.

13.2.2 The credit card payment procedure is carried out using a secure connection, in which the Customer Consumer will find the indication of the amount of the order and must indicate the type, number and expiry date of the credit card. Additional data or security codes may be required in certain cases by the Intermediary (such as, but not limited to, MasterCard SecureCode and Verified by Visa security services). The provision of a landline telephone number where the Client can be contacted is always required.

13.2.3 In order to protect the customer’s security to the highest degree, the Seller never learns the credit card number, which is only received from the banking institutions that have to provide authorization. The Seller is only notified of the outcome of the transaction.

13.2.4 In the event that the Customer Consumer chooses together with the credit card payment method also the ‘Save for next time’ solution, the credit card number (PAN, primary account number) is not saved in full and therefore for the website PCI-DSS compliance is not necessary. In case of saving the card, at the next order it will be possible for the Customer to use the same credit card saved previously, or choose a different card.

13.3 Payment by bank transfer in advance

13.3.1 In case of purchase with payment by bank transfer, in explicit derogation to art. 12 of these General Conditions (“Shipping and delivery times”), the order will be processed after the actual receipt of the sum. The reason for the bank transfer must include the order number and the details of the Consumer Customer. The Consumer Customer shall send a copy of the bank account to the Seller at one of the following email addresses:

13.3.2 The bank transfer must be made by the Consumer Customer within 10 (ten) working days from the acceptance of the order by the Seller, under penalty of cancellation of the Order.

13.3.3 The details for payment by bank transfer are as follows:

UNICREDIT S.p.A.

COD. IBAN IT98O0200811200000004439474
COD. BIC (SWIFT) UNCRITM1090
COD. CIN O
CURRENCY EURO
CITY (BANK) BRESCIA
COUNTRY ITALY
BANK ACCOUNT 4439474
HOLDER AEROTECNCA COLTRI S.P.A.

DEUTSCHE BANK S.p.A.

COD. IBAN IT12S0310454460000000820268
COD. BIC (SWIFT) DEUTITM1448
COD. CIN S
CURRENCY EURO
CITY (BANK) DESENZANO DEL GARDA
COUNTRY ITALY
BANK ACCOUNT 820268
HOLDER AEROTECNCA COLTRI S.P.A.

The details for making the transfer are also contained in the order confirmation email.

13.3.4 The charges that the Consumer-Customer may have to pay to his own credit institution in order to make the transfer shall in no way be attributable to the Seller; as such, the Consumer-Customer is requested to inquire in advance from his own credit institution about the costs he will have to incur in order to make this type of payment.

Art. 14. Construction changes

14.1 The Manufacturer reserves the right to make modifications to the Products ordered by the Customer Consumer and/or their components, modifications having as their object the improvement of the quality and safety of the Products themselves, of the measures of protection and safeguard of the environment as well as of performance (the “Improvement Modifications”); as such, the Improvement Modifications may not be objected to by the Customer Consumer at the time of delivery of the Products, even if not previously communicated to the same, and may not represent a breach by the Seller of its obligation to deliver to the Customer a Product conforming to that ordered.

14.2 The Manufacturer reserves, likewise, the right to make to the Products ordered by the Consumer Customer and/or to their components, any modification other than an Improvement Modification, which derives from the normal industrial process and from the constant evolution and rationalization of the production processes and which is in any case such as not to alter the relevant characteristics of the Product ordered (the “Non Relevant Modifications”); again, as such, Non-Relevant Modifications may not be objected to by the Consumer Customer at the time of delivery of the Product, even if not previously communicated to the same, and may not represent a breach by the Seller of its obligation to deliver to the Consumer Customer a Product conforming to the one ordered. Any Non-Significant Change, insofar as it constitutes a minor conformity defect with respect to the overall characteristics of the delivered Product, shall not entitle the Seller to terminate the Product purchase contract, pursuant to and for the purposes of Article 130, paragraph 10 of the Consumer Code.

Art. 15. Transport documents and invoicing

15.1 For each Purchase Agreement completed through the Site, Seller will issue an invoice or receipt for the Products that are shipped.

15.2 The information provided by the Customer Consumer when placing the order will be used for the eventual issuance of the invoice. The Consumer Customer assumes all responsibility for the correctness of the aforementioned information; no changes in the invoice will be possible after the invoice has been issued.

15.1 For each Purchase Agreement completed through the Site, Seller will issue an invoice or receipt for the Products that are shipped.

Art. 16. Delivery of products

16.1 Unless otherwise communicated to the Consumer Customer by the Seller, the delivery of the Products is intended to be at street level.

16.2 For the purpose of making the delivery of the ordered Products, the presence of the Consumer Customer or its nominee at the place indicated in the Order Confirmation is required in order to accept the shipment. Courier delivery times are usually between 8:30 a.m. and 7:00 p.m. In the event of the absence of the Customer Consumer (or his/her designee), the shipper will leave a notice with directions so that a different delivery date can be arranged.

16.3 If the delivery does not take place due to causes attributable to the Consumer Customer (for example, due to his absence and/or his failure to contact the courier in order to agree on an alternative date in case of previous unavailability), the latter shall be liable to pay the return costs incurred by the Seller.

Art. 17. Verification operations upon delivery of products

17.1 Upon delivery of the Products by the shipper appointed by the Seller, the Consumer-Customer is required to check that the number of packages being delivered corresponds to the number indicated in the transport document on the packaging and that the packaging itself is intact, undamaged or otherwise altered, including in the sealing materials, checking with particular care for any signs indicating possible damage to the goods sent.

17.2 Under penalty of forfeiture, any damage to the packaging and/or the Products and/or the mismatch of the number of packages and/or indications must be immediately contested by the Consumer-Customer, who must declare, in writing, to the person in charge of the delivery of the products, that they are accepted “subject to control” or by indicating that they are “damaged”: failing this, no claim will be accepted. The Consumer-Customer also undertakes to promptly, and in any case no later than 24 hours from the date of delivery, report to the Seller (by e-mail or registered letter with acknowledgment of receipt to the address referred to in Article 2 of these General Conditions of Sale) any and all problems concerning the integrity, correspondence and/or completeness of the Products received, under penalty of forfeiture.

Art. 18. Force majeure and acts of third parties

18.1 The Seller shall not be liable for cases of force majeure, unavailability of means of transportation, acts of third parties, unforeseeable or unavoidable events that cause a delay in deliveries and/or make deliveries difficult or impossible or cause a significant increase in the cost of delivery.

18.2 In the cases referred to in Article 18.1 above, the Seller reserves the right to split, postpone or cancel, in whole or in part, the scheduled delivery or to terminate the Purchase Agreement. In this case, the Seller undertakes to provide timely and adequate notice of its determinations to the e-mail address indicated by the Consumer Customer, who shall be entitled to a refund of any price already paid, excluding any further claim, for any reason whatsoever, against the Seller, even by way of mere reimbursement and/or compensation.

18.3 Operate as causes of justification for any delays in the fulfillment of the agreed obligations, the causes that delay the manufacturing, distribution or repair process such as, for example, work suspensions, labor unrest, unforeseen and unforeseeable insufficiency of the Manufacturer’s production capacity suspensions in transportation or energy supplies, measures of Public Authorities natural calamities, sanitary epidemics, or other causes dependent on force majeure or fortuitous events, occurring at the Manufacturer or at its suppliers or during transportation or, finally, at the Seller and such as to be beyond the control of such parties.

Art. 19. Seller’s Warranties.

19.1 Warranty for defects

19.1.1 The Seller warrants the Products against factory defects for the period of 12 months from the date of delivery. This warranty consists of the Seller’s obligation to restore the efficiency, by replacement or repair free of charge, of parts that are unusable or inefficient due to factory defect. Warranty repairs shall be free of charge, shall be performed in the manner set forth in the Warranty and Service Booklet with which the Product is equipped, and shall include (1) repair or replacement of the defective part, (2) labor for the replacement or repair services, and (3) supply of consumables necessary to perform the warranty repairs.

19.1.2 The warranty does not cover defects or malfunctions caused or aggravated by:

modification or disassembly of the Product performed outside the Manufacturer’s official service network;
normal wear and tear or failure to perform the minimum maintenance prescribed by the Manufacturer in the Use and Maintenance and/or Warranty and Service Booklet, with which the Product is equipped;
modification of the Product without prior authorization from the Manufacturer;
carelessness, improper use, repair and/or maintenance of the Product carried out with non-original spare parts (i.e., with spare parts not sourced from the Manufacturer) or of a quality not equivalent to original spare parts, repairs and/or maintenance carried out not in a workmanlike manner, late reporting of the defect with respect to the terms provided by law.

19.1.3 The warranty is void if the anomaly is not reported within two months from the date the Consumer Customer discovered such anomaly.

19.2 Legal guarantee of conformity

19.2.1 In addition to the warranty provided for defects in the thing sold in accordance with the provisions in force, up to two (2) years from delivery of the Products, the Seller shall be liable to Consumer Customers, pursuant to Articles 129 et seq. of the Consumer Code, for any defects in conformity of the Products existing at the time of delivery.

19.2.2 A lack of conformity shall be deemed to exist if the Product:

Is not suitable for the use to which goods of the same type are ordinarily put;
does not conform to the description made by the Seller or does not possess the qualities referred to in the sample or model, if any, presented to the Consumer Customer;
does not exhibit the usual qualities and performance of goods of the same type, which the Consumer Customer may legitimately expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or its agent or representative, particularly in advertising or on labeling;
is not suitable for the particular use intended by the Consumer Customer that has been brought to the knowledge of the Seller at the time of the conclusion of the contract and that the Seller has accepted even by conclusive facts.

19.2.3 The Consumer Customer forfeits the right to make use of the conformity warranty if he does not report the relevant defect to the Seller within the period of two (2) months from the date on which he discovered it.

19.2.4 Excluded from the scope of this legal warranty are failures or malfunctions or defects caused by accidental facts or by the User’s responsibility or by use of the Product not in accordance with its intended use or with what is provided in the technical documentation attached to the Product.

19.2.5 In the event of an ascertained lack of conformity, if promptly reported, the Consumer-Customer has the right to the restoration, without expense, of the conformity of the Product by repair or replacement, unless the remedy requested is objectively impossible or excessively onerous compared to the other. The remedy is deemed “excessively burdensome” when it requires the Seller to incur unreasonable expenses compared to the alternatives, taking into account the value that the Product would have if there were no ascertained conformity defect, the extent of such defect, the possibility that the alternative remedy could be performed without significant inconvenience to the Consumer Customer.

Specifically, the Seller will make every diligent effort to replace at its own care and expense, with other equivalent products available at its warehouses, those Products delivered that are damaged or defective, provided that the same have been returned by the Consumer Customer in the original packaging (complete with all parts that make it up). If replacement with the same Product is not possible, the Seller will refund to the Consumer Customer the amount paid for the Product found to be defective, expressly excluding any further liability for any reason whatsoever.

19.2.6 The Consumer Customer may request, at his or her option, an appropriate price reduction or termination of the contract where any of the following situations occur:

(a) repair and replacement are impossible or excessively expensive;
(b) the Seller has failed to repair or replace the goods within a reasonable period of time;
(c) the replacement or repair previously carried out has caused him significant inconvenience.

19.2.7 A minor lack of conformity for which the remedies of repair or replacement could not or would be unduly burdensome, does not entitle the Contract to termination.

19.2.8 Cases of warranty exclusions and limitations are made explicit in Article 20 (“Warranty Exclusions and Limitations”) below.

19.3 Additional conventional warranty for the Consumer Customer

Art. 20. Warranty exclusions and limitations

20.1 The cost of shipping the Products from the Consumer Customer to the Seller for service shall be borne entirely by the Consumer Customer, and the cost of returning the Products shall be borne entirely by the Seller.

20.2 The warranties set forth in Articles 19.1 (“Warranty for Defects”), 19.2 (“Legal Warranty of Conformity”), and 19.3 (“Additional Conventional Warranty for the Consumer Customer”) are excluded if the Consumer Customer has damaged the Products through its own wilful or negligent conduct, or otherwise if, through its own negligence and/or carelessness and/or for other reasons not attributable to the Seller, it has damaged and/or rendered the Products defective, and/or exposed them to natural events, and/or used them improperly and/or without following the technical instructions indicated in any manuals and instructions for use, and/or carried out and/or had them carried out by personnel not authorized by the Seller repairs, interventions or tampering, and/or omitted the necessary maintenance, and/or stored them incorrectly. The warranty is also excluded if the defects and/or faults and/or malfunctions result from use of the Products other than that referred to in the Contract and/or for which they were designed and manufactured, or in cases of normal wear and tear or deterioration of consumable parts.

20.3 If the Seller finds that any defects or faults in one or more Products returned by the Consumer Customer are attributable, directly or indirectly, to the latter, the latter shall be required to pay the costs of verification incurred for this purpose, as well as, notwithstanding the provisions of Article 20.1 above, to reimburse the costs related to the return.

Where applicable, the Seller, on its own initiative or at the request of the Consumer Customer, may also send the Consumer Customer an estimate for the repair of damaged returned Products.

Art. 21. Cancellation of the Order.

21.1 The Consumer Customer shall have the right to freely cancel its Order, without reason and without penalty, at any time from the conclusion of the Order on the Site until the shipment of the Product, provided that it informs the Seller by e-mail sent to the e-mail address provided at the time of the Order, indicating its data, date and Order number.

21.1 Cancellation of the Order shall be effective upon receipt by the Customer of an e-mail notice automatically sent by the Site. In this case, the Seller will return the amount paid by the Customer Consumer, using the same payment method used by the Customer Consumer or separately agreed with them.

Art. 22. Right of withdrawal of the Consumer Customer

22.1 The Consumer Customer has the right to withdraw, even partially, from the Order and these General Terms and Conditions of Sale concluded online without having to provide any reasons, within fourteen (14) days from the date of receipt of the Products.

22.2 The Consumer Customer shall bear the cost of returning the Products in the event that the Products, by their nature, cannot normally be returned by mail.

22.3 In order to exercise the right of withdrawal, the Consumer-Customer is required to inform the Seller, by means of an explicit statement to be sent, under penalty of forfeiture, within 14 days after delivery of the Products, in the following manner:

– by email via the email address used to place the Order, directly to the Seller’s email address indicated in Article 2 above,

– by registered mail A/R, PEC or fax to the addresses of the Sellers likewise indicated in Article 2 above.

22.4 The notice of withdrawal shall also contain a description of the Products for which the right of withdrawal is to be exercised, specifying the order number.

For this purpose, the Consumer Customer may also use the withdrawal form shown in Appendix II to these General Terms and Conditions of Sale.

22.4 In order for the withdrawal period to be respected, it is necessary for the Consumer-Customer to send the notice regarding the exercise of the right of withdrawal before the expiration of the period referred to in Article 22.1 above to exercise the right of withdrawal.

22.5 Effects of withdrawal

22.5.1 The return of the Products must be made without delay and in any case within 14 (fourteen) days from the date of sending the notice of withdrawal to the Seller by courier or other postal service, to the following address: Aerotecnica Coltri SpA, Via del Colli Storici, 177 – 25015 Desenzano del Garda (BS) – Italy.

The Products shall be accompanied by the relevant user manual and warranty certificate, where applicable.

The Seller prescribes the adoption of all possible care in the shipment of the Products, using the original packaging of the good, or an equivalent suitable to preserve its integrity.

22.5.2 If the Consumer-Customer exercises withdrawal in accordance with the procedures described in this Article 22, the Seller shall refund the amounts paid by the same Consumer-Customer, including delivery costs (except for the additional costs arising from his or her possible choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), within 14 days from the date on which it became aware of the exercise of the right of withdrawal by the same Consumer-Customer.

Refunds may be suspended until receipt of the Products, or until the Customer Consumer demonstrates that it has returned the Products, whichever is earlier.

22.5.3 Reimbursement in favor of the Customer Consumer shall be made using the same means of payment used by the Customer Consumer for the initial transaction, unless the Customer Consumer has expressly agreed otherwise; in any event, the Customer Consumer shall not incur any costs as a result of such reimbursement.

22.5.4 The Consumer Customer shall be liable for any diminution in value of the returned Product resulting from handling other than what is necessary to establish the nature, characteristics and operation of the Product.

22.6 Cases of exclusion of the right of withdrawal

22.6.1 The right of withdrawal in favor of the Consumer Customer is excluded if the Products are:

Custom-made and/or clearly customized;
Are in danger of deteriorating or expiring rapidly;
are sealed goods that, when opened after delivery, are not suitable for return for hygienic or health protection-related reasons;
the goods, after delivery are, by their nature, inseparably mixed with other goods.

22.6.2 The Professional Client may not, under any circumstances, take advantage of any right of withdrawal.

Art. 23. Amendments

23.1 The Seller may change the contents of these General Terms and Conditions of Sale at any time and without prior notice.

Any changes made will take effect on the date of publication on the Site, as stated in the heading of the General Conditions themselves.

23.2 In case of changes, unless otherwise expressly agreed upon between the Seller and the Consumer Customer, the General Terms and Conditions in force at the time of the conclusion of the Contract shall remain in force for contracts already concluded.

Art. 24. Intellectual property rights

24.1 The Consumer-Customer declares to be informed that all trademarks, names, as well as any distinctive sign, work of genius, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Aerotecnica Coltri and/or its assignees, without any right deriving to the Consumer-Customer from access to the Site and/or the purchase of the Products, including industrial property rights.

24.2 The Content on the Site may not be reproduced, either in whole or in part, or be transferred by electronic or conventional means, modified and/or used in any form and for any purpose, without the prior written consent of Aerotecnica Coltri.

Art. 25. Processing of personal data

25.1 In order to proceed with the registration and use of the Site for the purchase of Products, certain personal data are required from the Consumer Customer, through the “E-SHOP” platform. The Consumer Customer acknowledges that the personal data provided will be recorded and used by Aerotecnica Coltri in accordance with the provisions of Legislative Decree no. 196/2003 – as amended by Legislative Decree. 101/2018 – by the EU Regulation 2016/679, as well as by any other applicable law on the processing of personal data (hereinafter, jointly, “Privacy Legislation”), in order to execute the registration and use of the Site for the purchase of Products and, subject to its express consent, for marketing and/or profiling purposes and for any further activities as indicated in the specific privacy policy provided to the Consumer Customer through the “E-SHOP” platform at the time of registration.
Specifically, the Seller will process the Consumer Customer’s personal data in compliance with the current privacy regulations, as better specified in the information published in the following section of the Coltri.com/privacy-policy/ Site.
25.2 The information on the processing of personal data is made available on the Site and can be viewed and stored at any time prior to the conclusion of the Contract.

25.3 The Consumer Customer represents and warrants that the personal information provided to the Seller during the registration process is correct and true.

25.4 The Consumer Customer may at any time update and/or modify his/her personal data provided to Aerotecnica Coltri through the “Profile” section of the “E-SHOP” platform accessible after authentication.

25.5 For any further information on how the Consumer Customer’s personal data is processed, please access the Seller’s Privacy Policy section available on the “E-SHOP” platform.

Art. 26. Complaints and assistance

26.1 Customer service is available for any inquiries or complaints regarding these Terms and Conditions:

by phone at +39 030 9910301 (Mon- Fri: 9:00-12:00 – 14:00-18:00, excluding Saturdays and holidays)
By mail to the following address: [email protected] / [email protected]

26.2 Complaints will be processed by the Seller in the shortest possible time; the Consumer Customer will receive a response within 5 (five) working days of the report.

Article 27. Supplementary agreements.

Any covenants additional to or deviating from the terms and conditions contained in the Order and related Order Confirmation shall be binding only if duly agreed to in writing.

Article 28. Applicable Law – Alternative Dispute Resolution – Jurisdiction.

28.1 The Site, the Order, and these Terms and Conditions are governed by Italian law and are written in the Italian language.

28.2 In the event that it is not possible to resolve a dispute between the Consumer Customer and the Seller as a result of a complaint made directly by the Consumer Customer, the latter is entitled to access the European Online Dispute Resolution platform (the European ODR Platform). The European ODR Platform is developed and operated by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation No. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a professional established in the Union through the intervention of an ADR (“alternative dispute resolution”) body that has joined it, selectable from a special list available therein. For more information about the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure related to this Contract, the Consumer Customer may access the following link: http://ec.europa.eu/odr.

The Vendor’s e-mail address to be provided in the European ODR Platform is as follows: [email protected]

28.3 Regardless of the outcome of the out-of-court settlement procedure of the dispute that may have been established, the right of the Consumer Customer to take the matter to the Judicial Authority shall remain unaffected in any case.

28.4 Without prejudice to the provisions of mandatory laws in force in the country of residence of the Consumer Customer, any disputes that may arise in relation to the application, interpretation and execution of the Contract shall be referred exclusively to the Court of Brescia.

28.4 Disputes with Consumer Customers residing outside the Italian territory shall be referred to the jurisdiction of the Court of Brescia, as the Judge of the place where the Contract was concluded and executed.