General conditions of Sale

Introduction This information is provided for the website www.chemical-roadmaster.com owned by Chemical Roadmaster Italia S.R.L. with headquarters in Via della Liberazione, 2, 20098 San Giuliano Milanese (MI), with VAT no. 09782200969.

Art. 1. Scope of application

• Any sale on the Site, such as any sale by telephone or by chat and email, constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
• The General Conditions of Sale apply to all sales made by the Seller on the Site and to telephone sales or by chat and email. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.
• The General Conditions of Sale can be modified at any time. Any modifications and/or new conditions will be in effect from the moment of their publication on the Site. You are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
• The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
• These General Conditions of Sale do not regulate the sale of products and/or services by subjects other than the Seller which may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or for the sale of products by such subjects. On the websites that can be consulted via these links, the Seller does not carry out any checks and/or monitoring. The Seller is therefore not responsible for the contents of these sites or for any errors and/or omissions and/or violations of the law by them.
• You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site.

Art. 2. Purchases on the Site

2.1 The purchase on the Site;

• it is allowed to consumer users, defined pursuant to art. 3, I paragraph, lett. a) of the Consumer Code as natural persons acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out;
• it is allowed to users who have the quality of professionals. Pursuant to art. 3, I paragraph, lett. c) of the Consumer Code, the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or one of his intermediaries, has the quality of professional.

2.2 The Seller reserves the right to refuse or cancel orders that come from:

• by a user with whom the Seller has an ongoing legal dispute;
• by a user who has previously violated the General Conditions of Sale;
• by a user who has been involved in a crime;
• by a user who has released false, incomplete or otherwise inaccurate identification data or who has not promptly sent the Seller the documents requested by the same or who have sent invalid documents.

Art. 3. Registration on the Site

3.1 To register on the Site, you must complete the appropriate form, entering in particular the following data:

• name;
• surname;
• address (country/region, street, post code, city, province);
• phone
• email address

3.2 You undertake to immediately inform the Seller in the event that you suspect or become aware of an improper use or undue disclosure of the credentials for accessing the Site.

3.3 The user registered on the Site guarantees that the personal information they provide is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damages, compensation obligations and/or penalties deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and/or the provision of false, incomplete or in any case inaccurate personal data, without prejudice to the Seller's right to proceed with disabling the user's account.

Art. 4. Information directed to the conclusion of the contract

4.1 In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:

• to conclude a purchase contract on the Site, you must complete an order form in electronic format, following the instructions that will appear from time to time on the Site, and send it electronically to the Seller by selecting the "Place order" button;
• the contract is concluded when the order form reaches the Seller's server;
• una volta ricevuto il modulo d’ordine, il Venditore Le invierà all’indirizzo di posta elettronica indicato la conferma dell’ordine contenente:
  • le informazioni relative alle caratteristiche dell’acquisto;
  • l’indicazione del prezzo.

4.2 The Seller may also conclude sales contracts by telephone, by email, on the numbers and in the manner indicated in the article "Pre-sales assistance" below.
You may notify the Seller's operators of the Products you wish to order; the operators will fill in the order with the data strictly necessary for this purpose, such as:

• Product you want to order
• Name
• Surname
• Shipping address
• Tax Code and/or VAT number
• Email
• Phone

After receiving the order, you will receive an email (Order Receipt Email) containing the payment links, if you wish to pay by PayPal or credit card, or the data necessary to make the transfer, if you wish to pay by bank transfer. Banking. The contract is considered concluded when the payment is made to the Seller. You will receive an order confirmation email containing the list of Products ordered.

Art. 5. Availability of Products

5.1 The Products offered by the Seller are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

5.2 The Website contains information relating to the availability of each Product.

5.3 You will be informed in the event of unavailability of the Product ordered. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code. The Seller cannot be held responsible for delays, damages, losses and costs suffered by you in the event of unavailability of one or more products.

5.4 Alternatively, you can accept:

– if a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term
– if a restocking is not possible, the Seller will supply a different product, of equivalent or higher value, prior payment, in the latter case, of the difference, and subject to express acceptance by the user.

5.5 If a refund is requested of the amount paid for the purchase of Products which later turned out to be unavailable, the Seller will make the refund within a maximum period of 15 days.

5.6 In the event that you exercise the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due) has already taken place, the Seller will reimburse the Total Amount Due in accordance with the provisions of the article "Methods of payment" below.

Art. 6. Information Sheet

6.1 Each product is accompanied by an information page which illustrates its main characteristics (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the IT systems or the computers you use to view them. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with usage tolerances.

6.2 You undertake to indemnify and hold the Seller harmless from any damage, claim, liability and/or charge, direct or indirect, including reasonable legal fees, which the Seller may suffer or bear as a result of the use of the Product other than the one indicated in the Information Sheet.

Art. 7. Prices

7.1 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site and/or communicated to you at the time the order is placed and that any changes (increase or decrease) subsequent to the transmission of the same will be taken into account.

7.2 Shipping costs, if any, are expressly and separately indicated in the order form and/or communicated, before the user proceeds with the transmission of the same.

7.3 The price of the Products will be that indicated from time to time on the Site and/or communicated, without prejudice to the Seller's right to correct obvious errors.

7.4 In the event of an error, you will be notified by the Seller as soon as possible so that you have the opportunity to confirm the order at the right amount or cancel it. In any case, there will be no obligation for the Seller to supply what was sold at the lower price incorrectly indicated.

Art. 8. Purchase orders

8.1 The Seller will ship the Products only after receiving confirmation of the payment authorization or after the Total Amount Due has been credited. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, however, will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.
The shipment will be made only following payment of the Total Amount Due. The Seller reserves the right not to carry out the shipment if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.

8.2 The purchase contract is resolutely conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be cancelled.

8.3 To be able to send a purchase order, it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.

8.4 In order to conclude the purchase contract, in the case of a telephone or email order, the link to this document will be attached together with the sending of the order receipt email, which will be deemed accepted when the payment is made in favor of the Seller.

8.5 The Seller assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, as well as due to events and disservices of the internet, in the event that it is unable to execute the order within the times established by the contract.

8.6 The European professional user passive of EU tax has the obligation to communicate to the Seller, during the execution of the purchase order, his VAT number which must be valid and registered with VIES, pursuant to art. .138 par. 1 of directive 2006/112/EC. Otherwise the Seller will issue an invoice with the application of the Value Added Tax. The professional user also has the obligation to communicate to the Seller, in a timely manner, and in any case always before the execution of the purchase order, any changes or exclusions from the VIES register.

8.7 The Seller will hold the European professional user responsible and required to pay the Value Added Tax if, due to non-compliance with the above point, the sales made to the professional in question should be contested by the competent bodies and reclassified with the on added value.

Art. 9. Method of payment

9.1 The Seller accepts the following payment methods:

• PayPal
• Bank transfer

The charge will be made only after (i) the data of the payment method used for the payment have been verified and (ii) the company issuing the payment used by you will have released the debit authorization.

Confidential payment data is encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the payment data used for the purchase of the Products.

The charge will be made at the time the order is sent.

9.3 The Seller accepts payments via PayPal. If you choose PayPal as the means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure established and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected with this account.
In the case of payment by PayPal, the Total Amount Due will be debited by PayPal at the same time as the conclusion of the contract through the Site or by telephone Orders or by chat and email. In the event of termination of the purchase contract and in any other case of refund, for any reason, the refund amount due to you will be credited to your PayPal account. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, to contest which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.

9.4 If you choose bank transfer as the payment method, the Seller, once the order has been received, will notify you by email of the bank details and the deadline for making the transfer. The e-mail may contain a request to send the receipt of the bank transfer or the confirmation of the execution of the same by e-mail.
In the case of payment by bank transfer, the delivery times of the Product indicated on the Site and/or otherwise communicated to you , will take effect from the date of receipt of the bank transfer by the Seller and not from the date of transmission of the order, as occurs in the event that you choose other payment methods.
Unless otherwise agreed, the Services will be rendered only after receipt by bank transfer of the Total Amount Due.
In the reason for the transfer, please indicate the order reference number, name, surname and in addition, in the case of a professional user, the company name.
From Once you place your order, you must arrange for payment within 2 working days. Failing that, the Seller reserves the right to cancel the order in the following 2 working days.

Art. 10. Delivery of Products

10.1 Deliveries of the purchased Products are made in Italy including the islands (excluding Sardinia).
The delivery obligation is fulfilled by transferring to you the material availability or in any case control of the Product.

10.2 Shipping costs are indicated from time to time on the Site and/or in the order confirmation and/or otherwise communicated to you.

10.3 Delivery is understood to be made "on the roadside". In the case of delivery in pedestrian areas, it will be carried out at the point where the vehicle will have access. Without prejudice to the purchase of the specific accessory service.

10.4 Any impediment or particular condition linked to the access routes to the address indicated which should prevent or make delivery less easy, must be communicated by you during the purchase procedure in the "Notes" field and/or communicated at the time of placing the Order by telephone or by chat and email.

10.5 Delivery is made, for the Italian territory, generally within 4-5 working days from the date the order is sent and/or upon conclusion of the contract, or, if no delivery date is specified, by estimated deadline at the time of selecting the delivery method and, in any case, within the maximum term of thirty days from the date the order was sent.

10.6 It is up to you to check the conditions of the delivered Product. It being understood that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially takes possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve . In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains valid.

10.7 The Seller will hold the European professional user responsible and required to pay the Value Added Tax if, due to non-compliance with the above point, the sales made to the professional in question should be contested by the competent bodies and reclassified with the on Added Value
10.10 The Seller uses the INCOTERMS®2020 ICC return codes.

Art. 11. Right of withdrawal

11.1 In the event of a purchase on the Site or by telephone Order, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art. 52 of the Consumer Code, even if a consumer, with reference to the sealed Product or Products that do not lend themselves to being returned for reasons of hygiene or related to health protection.

11.2 Without prejudice to the provisions of art. 11.1 if you are a consumer, you have the right to withdraw from the Product purchase contract without having to provide any reasons and without having to incur costs other than those provided for in this article within the term of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

• a. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
• b. in the case of a multiple order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product;
• c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

11.3 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.

11.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following way:

Email: commerciale@roadmaster.it

It should be noted that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with you, it is in your interest to use a durable medium when communicating your withdrawal to the Seller.

11.5 In case of exercise of the right of withdrawal, you must deliver the Product to the registered office indicated in the epigraph to these General Conditions of Sale.

11.6 The direct costs of returning the Products are at your expense as well as the responsibility for the transport of the same.

11.7 If you withdraw from the contract, the Seller will refund the Total Amount Due, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Seller may suspend the refund until receipt of the Products or until you demonstrate that you have returned the Products, whichever is earlier.

11.8 The Product must be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and the disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

11.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the redemption amount an amount equal to this decrease in value. The Seller will inform him of the circumstance and of the consequent reduced refund amount within 5 days of receiving the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to of the decrease in value of the Product.

11.10 In the event that the withdrawal has not been exercised in compliance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Seller will notify the user within 5 (working) days of receiving the Product, rejecting the request for withdrawal. The Product will remain with the Seller at your disposal for collection, which must take place at his expense and under his responsibility.

11.11 In the event of partial withdrawal from Multiple Orders, the amount of the delivery costs to be reimbursed in your favor will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed a total order of 200.00 Euros, which includes two Products, the first with a value of 50.00 Euros and the second with a value of 150.00 Euros, and you return the Product of the value of 150.00 Euros, you will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case, the amount of the delivery costs to be returned will never exceed the amount actually paid.

Art. 12. Legal guarantee

With reference to the sale to consumers, all the Products sold on the Site or by telephone Orders or by chat and email are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).

To whom it applies

The Legal Guarantee is reserved for consumers. Therefore, it is applied only to users who have made the purchase on the Site or by telephone Orders or by chat and email for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

When to apply

The Seller is liable to the consumer for any lack of conformity of the Product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.

In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date the purchase was made (for example the payment card statement) and the date of the delivery.

In the event of termination of the contract, the Seller will return the total amount paid to the consumer, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Seller will return the amount of the reduction, previously agreed with the consumer. The refund or reduction amount will be credited to the payment method or solution used by the consumer for the purchase.
The Seller is not responsible for any damages of any kind arising from the use of the Product. improperly and/or not in accordance with the instructions provided by the manufacturer as well as in the event of damage resulting from unforeseeable circumstances or force majeure.

If you made the purchase as a "professional" in accordance with the provisions of the Consumer Code, the previous paragraphs of this article do not apply. Your purchase on the Site will be subject to the legal guarantee provided for by art. 1490 of the civil code

Art. 13. Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution

13.1 The purchase contracts concluded through the Site are governed by Italian law. Without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

13.2 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place in which the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court of Pistoia has exclusive and mandatory jurisdiction.

13.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has presented a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arisen, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court settlement of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether it intends to avail or less of such bodies to resolve the dispute itself.

13.4 The Seller also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.

13.5 In any case, the right of the consumer user to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relationships by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

13.6 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.

Art. 14. Presale assistance

The Seller guarantees the pre-sales service. For any questions and orders, contact the Seller between 9:00 and 17:30 from Monday to Friday, by:

• WhatsApp chat on 02.9880180; by telephone on 02.9880180;
• email to commerciale@roadmaster.it;
• social network chats available on the Site.

The Seller undertakes to contact you as soon as possible for the pre-sales service.

Art. 15. Customer service and complaints

It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:

• by email, at the following address: info@roadmaster.it
• by PEC, at the following address: info@roadmaster.it
• by telephone, at the following number: 02.9880180.

The Seller will respond to complaints presented within 5 days of receipt of the same.