1 Terms and Conditions for using and purchasing on the website www.airride.it
The products sold by B&S Exclusive S.r.l., with registered office in Salerno (Italy), Antonio Amato Street 8 (P.IVA: 05871400650), Chamber of Commerce registration n. rea SA480387, through its Internet site (hereinafter for brevity “Site”) consist of: accessories and parts relating to the automotive industry, and the aesthetic customization of automotive vehicles.
All products sold by B&S Exclusive S.r.l. from its site are illustrated within the various web pages of the same site.
Terms and conditions for the purchase of the products offered through the Site are contained in these general conditions. Therefore, all product purchases from the Site are subject to these general terms and conditions. These general conditions will be the terms and conditions for all contracts.
2 Scope of application:
The following general conditions apply to all contracts for all sales finalized between B&S Exclusive S.r.l. through its own website, and any persons residing within Italy, the European territory, or any other international location.
These Terms and Conditions are under Italian jurisdiction and are governed by the laws of the Republic of Italy, and will be interpreted in accordance with the Italian courts. The Italian courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.
B&S Exclusive S.r.l. assumes no responsibility in relation to the sale of products and / or services by anyone other than B&S Exclusive S.r.l. that are present on the site through links, banners or other connections. B&S Exclusive S.r.l. is not responsible for the content of such websites nor for any errors and / or violations of the law by these third parties.
2.1 The following general conditions apply to websites owned by B&S Exclusive S.r.l., specified therein, and part of our network:
https://www.airride.it
https://www.airride.it/en/
https://www.airride.it/de/
3 Registration to the site, and the definition of consumer privacy:
To be able to proceed with the purchase online, the purchaser must be at least 18 years old and must register by filling out the appropriate “form” available on the site and provide their personal data, including tax code and / or VAT. Purchaser is required to enter only truthful information and will be required to declare their truthfulness. These data will be processed in accordance with the provisions of the privacy policy, viewable at https://airride.it/en/privacy-policy/ Site.
B&S Exclusive S.r.l. will not accept any order from individuals who have not provided their data, complete and truthful.
Per the Consumer Code, B&S Exclusive S.r.l. will classify individuals who purchase products for use as part of their employment, business or profession as non-consumers. B&S Exclusive S.r.l. will classify individuals who purchase products for a purpose that is not part of their employment, business or profession as consumers.
For the purposes of these terms and conditions, and under d.lgs.206/2005: An entity or someone who registers in the category of a company, organization, professional, or a holder of VAT will not be considered a consumer.
4 Unilateral Changes:
B&S Exclusive S.r.l. may modify, without notice, the terms and conditions, the changes to take effect from the day they are published on the Site.
For purchase orders submitted to the Site prior to the publication of changes in the terms and conditions, all parties will agree to accept the general conditions prevailing at the time of conclusion of the contract of sale.
B&S Exclusive S.r.l. reserves the right to modify, suspend, or discontinue any uncompleted sale at any time up until purchase, and disclaims all liability, for any reason, for modifications, suspension or termination.
5 Prices:
The prices indicated on the website are the prices of the products without the addition of the shipping and handling costs which will be added later. Costs for shipping and handling will be an additional charge to the purchaser. The cost for shipping and handling will vary depending on the weight of article, the mode of delivery / shipping, the payment type chosen, and the destination.
B&S Exclusive S.r.l. reserves the right to change the prices of any product at any time. In case of any price variation, the new prices will be applicable from the date of publication on the Site. For orders made by the purchaser prior to a price change, the prices published by the site at the time of the order will be applied.
6 Confirmation of order:
The images of the products for sale on the Site, if any, generally correspond to the appearance of the same, and have the sole purpose of presenting them, without any express or implied warranty or undertaking, by B&S Exclusive S.r.l., about the exact correspondence of the image shown on the website with the actual product.
The order made by the buyer will be a contract proposal and constitutes acceptance of these terms and conditions, as well as the application of the terms and conditions to the contractual relationship between the parties.
B&S Exclusive S.r.l. retains the authority to accept or not accept any order received. In the event of rejection of an order, no charge will be made, and the buyer will not be able to advance any claim against the Company B&S Exclusive S.r.l. in any way.
The sales contract will be concluded, and the order processed at the time of acceptance of the order by B&S Exclusive S.r.l. . At the time of order acceptance, a confirmation e-mail will be sent to the email address provided by the purchaser on the registration form.
7 Delivery and Shipping:
The delivery of the products ordered will be made to the address indicated in the order by the purchaser, or at our office.
B&S Exclusive S.r.l. will send to the buyer an e-mail as soon as the product is ready for pickup. To pick up your product at our office, the purchaser must show proof of identity and proof of payment. Alternatively, the buyer can send a delegate with a written proxy, proof of payment, and a copy of the identity document of the purchaser. The pickup at B&S Exclusive S.r.l. must be made within 5 days from the e-mail confirming the availability of the product.
The delivery of the products ordered may vary from the one shown in the order confirmation and B&S Exclusive S.r.l. does not guarantee the delivery times indicated on the Site and / or order, and B&S Exclusive S.r.l. is not responsible for any shipping delays.
No responsibility, in any way, may be assigned by the buyer to B&S Exclusive S.r.l., in case of delay in either the order or delivery of the products covered by the contract of sale.
The buyer agrees to verify, as soon as the products are received, that the items have been received as ordered, and notify B&S Exclusive S.r.l. immediately the presence of any defects.
7.1 For each contract of sale conducted through the Site, B&S Exclusive S.r.l., will issue a delivery note, or for those who have entered a VAT in form, the appropriate accounting document as required by law in relation to the goods purchased. These documents will be sent to the email address indicated by the buyer on the registration form.
Delivery of a purchase requires the presence of the purchaser or their representative, delegate or agent. If purchaser or purchaser’s representative, delegate, or agent is not available at the time and place of product delivery, the courier will leave a notice indicating a delivery for the next business day. The message will have a telephone number that purchaser or purchaser’s representative can call to arrange an alternative delivery on a different date. If purchaser is using a purchaser’s representative, delegate, or agent, that delegate will need to have a written proxy, proof of payment, and a copy of the identity document of the purchaser. If after 5 days all delivery attempts have been unsuccessful, the products will be returned to B&S Exclusive S.r.l. and the contract of sale shall be deemed to have been automatically terminated as per art. 1456, subject to the right of B&S Exclusive S.r.l. to obtain compensation for restocking costs and the costs incurred for attempted delivery.
7.2 Force Majeure: B&S Exclusive S.r.l. is not liable for failure to perform the delivery of the products, if such shipping failures result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. Therefore, if some extraordinary or unpredictable event or circumstances beyond the control of the parties cause an unavailability of transportation, then B&S Exclusive S.r.l. reserves the right to terminate the contract of sale or to split, postpone, or cancel in whole or in part, the expected delivery. If such events cause a delay in delivery or make them difficult or impossible and / or cause a significant increase in the cost of delivery to the B&S Exclusive S.r.l., then in such cases, it will be the task of B&S Exclusive S.r.l. to provide timely notice of its determination to the email address provided by the purchaser on the registration form. In the case of impossible or difficult shipping due to Force Majeure, the purchaser shall be entitled to obtain a refund of any money paid for undelivered items, excluding any further claims or compensation, in any capacity, against the B&S Exclusive S.r.l. .
8 Billing:
Invoices in pdf format will be sent to the purchaser after shipment of the ordered products has occurred. Invoices will be sent to the e-mail address indicated by the buyer on the registration form.
9 Methods of Payment:
Payment for products purchased and the associated shipping costs will be paid by the customer when placing the order. Payment is to be made through the use of credit cards through Paypal, or by Bank wire cash transfer in advance. B&S Exclusive S.r.l. is not responsible for any fraudulent or illegal use that may be made by any third party upon payment of the products purchased.
Payments must be made in the lawful currency as indicated on your Invoice.
10 Right of Withdrawal:
B&S Exclusive S.r.l. entitled to withdraw from any contract of sale, by giving written notice to the buyer via e-mail and by refunding to the customer the purchase price paid of any product.
B&S Exclusive S.r.l. has the right to not accept orders from buyers, individuals, or entities who have not paid previous orders, or who have not accepted the delivery of products in the past, or who are suspected of unlawful conduct.
Pursuant to art. 64 and following of the Consumer Code, the buyer who qualifies as a consumer (person who does not use the products purchased from B&S Exclusive S.r.l. as part of their job, business or profession) has the right to cancel the purchase without penalty and without specifying the reason. For a consumer to cancel an order, the consumer must send their notice by registered letter a/r with acknowledgment of receipt. This notice must be sent within 14 working days from receipt of the products purchased. In the event of this type of cancelation, the return of all products subject to the cancelation must be shipped back to B&S Exclusive S.r.l. in perfect condition, in the original packaging. Delivery back to B&S Exclusive S.r.l. must be carried out within 14 days of receipt of the goods, at the expense and care of the consumer. Return shipping costs are the responsibility of the customer. Consumer can have product delivered by courier of their choice, as long as a respectable, established, and true courier is used. Return delivery must be made to the following address: B&S Exclusive S.r.l. , Antonio Amato Street 8, 84131 Salerno (Italy).
For the consumer to exercise a valid right of withdrawal, the consumer will have to abide by the following terms and conditions:
10.1 The withdrawal may also apply to individual products under a single contract of sale. However, the entire individual product concerned must be returned, not only a portion of that individual product. Meaning the withdrawal is not allowed for a portion of a single product, the entire product must be withdrawn.
10.2 All products for which the consumer has exercised his right of withdrawal must be intact and unused, shipped back to B&S Exclusive S.r.l. in the original packaging, complete in all of parts, including the packing material and any seals affixed.
10.3 If the consumer exercises the right of withdrawal, and if the product for which the right has been exercised is received at B&S Exclusive S.r.l. damaged, B&S Exclusive S.r.l. will notify consumer, in order to allow, where possible, the consumer to exercise their right of recourse against the carrier chosen for the return of mentioned products.
10.4 B&S Exclusive S.r.l. is not be liable, in any way, for damage, loss, or theft of products subject to return, until such time that delivery of the product to B&S Exclusive S.r.l. is finalized. All risk regarding shipping will be borne solely by the consumer, until delivery of the product to B&S Exclusive S.r.l. is completed.
10.5 The consumer may not exercise the right of withdrawal for any product that the consumer has requested to be specially assembled, customized, or personalized.
10.6 Once B&S Exclusive S.r.l. has verified the integrity of the returned products, B&S Exclusive S.r.l. will refound the consumer the amount paid for the products subject to the withdrawal, no later than 30 days from receipt of the returned products. Refunds will be made using the payment system chosen by the consumer at the time of formulation of the Order, or by wire bank transfer to the coordinates specified by the consumer.
10.7 If the consumer is in violation, in whole or in part, the rules relating to withdrawal from these terms and conditions, the contract of sale shall remain valid and effective and B&S Exclusive S.r.l. will return the consumer, charging the consumer with the applicable shipping costs.
11 Warranty:
All products sold by us are covered by the manufacturer’s standard warranty and 24 months warranty for defects, pursuant to Legislative Decree no. 206/05. To take advantage of the warranty service, you must keep the invoice sent you e-mail PDF format or the invoice included in the shipment.
11.1 The manufacturer’s standard warranty can be found in the documentation inside the packaging, or supplied by other means by the manufacturer. Alternatively information on the manufacturer’s standard warranty is available directly from the manufacturer or from B&S Exclusive S.r.l.
If a defect is found that is not covered by the manufacturer’s standard warranty or if a defect is not covered as a result of intervention by an Authorized Service Center, then the customer will be charged for any costs of testing and repair (including freight costs) required by the authorized service provider.
11.2 The guarantee of 24 months in accordance with Legislative Decree no. 206/05 applies to products that present a defect, provided the product is used properly and with due diligence, in accordance with its intended use and as provided in the technical documentation.
11.2.1 The guarantee is not applicable in the case of negligence and carelessnes. The guarantee is also not applicable for damage that occurs during use and maintenance of the product. No warranty is given regarding the compatibility of the product with other products or equipment. Also no warranty is given regarding the suitability of the product for any specific use designed for specifically by the customer.
11.2.2 The guarantee of no defects of the goods does not apply if at the time of purchase the customer knew of the existence of a lack of compliance or defect of the goods, or if the customer using ordinary diligence could not have ignored the obvious defect or lack of compliance or defect.
11.2.3 The guarantee is given to the person who buys the goods for purposes not related to his professional activity, and who completes the purchase form without indicating a reference to VAT.
11.3 In the event of lack of compliance or defect, we will provide the restoration of compliance by repair or replacement within a reasonable time of the request, as provided for by ‘art.130 of Legislative Decree 206/05. To begin this process, you must contact us by e-mail or fax (+39 089 2854706) to see if the article should be sent to our address or to an Authorized Service Center. In all cases we will reply to you, detailing the appropriate address to ship the product. In our reply we will provide to you all necessary instructions. All instructions must be carefully followed by the customer.
If, as a result of intervention by an Authorized Service Center, it is found that the defect does not result in a lack of compliance or defect pursuant to Legislative Decree 24/02, then the customer will be responsible for costs and will be charged for any costs of testing and repair (including freight costs) required by the authorized Service Center.
11.3.1 Replacements in the event of a product not working upon delivery occur only if expressly provided by the manufacturer. The time to repair or replacement of the product depends solely on the policies of the manufacturer.
12 Intellectual Property Rights:
The User hereby acknowledges that all trademarks, designs, models, brands, intellectual property, software and databases, or any other rights of intellectual and industrial property accessible from and / or reproduced in any way on the Site and / or forms, including the brand B&S exclusive S.r.l., are the exclusive property of B&S exclusive S.r.l. or the producers and manufacturers of the goods.
B&S Exclusive S.r.l. does not respond, however, the intellectual property rights relating to products for sale, the holders of which are herein expressly set forth and brands.
Any use of B&S exclusive S.r.l. Intellectual Property, or the producers and manufacturers Intellectual Property, in any way, in whole or in part, is prohibited without the prior written consent of B&S Exclusive S.r.l. or its licensors. The reproduction of the contents of the Website and the products that are offered is prohibited.
13 Product usage policy:
The air suspension sold by B&S Exclusive S.r.l. are intended for show and off-road use only. It is responsibility of the customer to follow all pertinent laws with regard to use air suspension on the own country.
14 Jurisdiction:
In the event of a dispute arising between the parties in relation to contracts entered into between B&S Exclusive S.r.l. and any customer by means of the Site, and in accordance with these terms and conditions, the Italian courts, specifically and exclusively the Court of Salerno, shall have exclusive jurisdiction to settle any claim or dispute. The Court of Salerno shall have jurisdiction with express exclusion of all other options, referred to in article 19 and 20 CCP. In the event that the buyer enjoys the status of a “Consumer” (person who does not use the products purchased from B&S Exclusive S.r.l. as part of their job, business or profession) as provided under d.lgs.206/2005 jurisdiction is of the same, exclusively the Court of Salerno (Italy).
15 Unfair terms:
Pursuant to and for the purposes of Articles 1341 and 1342 c.c. the purchaser declares to have read, understood and agree to the following specific terms:
2 Scope
4 Unilateral Changes
5 Prices
6 Confirmation of order
7 Delivery
9 Methods of payment
10 Right of Withdrawal
11 Warranty
13 Product usage policy
14 Jurisdiction
Latest update: May 14, 2020
