ItalParts Terms and Conditions
Access to and use of Italparts Italia S.r.l.’s website is subject to these terms and conditions (the ‘ItalParts Terms and Conditions'). All agreements entered into with Italparts Italia S.r.l. are governed by the ItalParts Terms and Conditions and any warranty, condition or other term implied by statute of law are excluded to the extent permitted by the law. BY LOGGING INTO OR USING THE WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE ITALPARTS TERMS AND CONDITIONS, INCLUDING THE 'CONDITIONS FOR SUPPLY OF PRODUCTS ORDERED THROUGH THE WEBSITE' (SECTION 3 BELOW). If you do not accept these ItalParts Terms and Conditions, you must not use the Website. These ItalParts Terms and Conditions shall prevail over any additional or conflicting written or oral term unless such additional or conflicting term is agreed upon in writing and signed by a duly authorized sales officer of the ItalParts company you are dealing with. Any variations to your order of these ItalParts Terms and Conditions are not valid unless agreed in writing by ItalParts.
1. Definitions. For purposes of these ItalParts Terms and Conditions, the following definitions shall apply: (a)'ItalParts', 'we', 'us', or 'our' means the legal entity within the ItalParts group that (i) provides one or more User Names or Passwords to User for access to the Website; (ii) posts Website content, information, or data that is accessible to User through one or more User Names or Passwords; and/or (iii) sells products to User in connection with User’s placement of orders through the Website; (b)'User' or 'you' means any person, entity or organization that uses any User Name or Password to access the Website or any part thereof; (c) 'Website' means all interfaces, functionality, code, materials, files, graphics, images, information, data, and other content directly associated with the website that is located at https://italpartsitalia.com. No third-party website or content therein shall be considered part of the Website.
2. Responsibility or Liability for Website Content or Acts or Omissions. The ItalParts group consists of a number of legal entities, each responsible for its own business and products. The content, information, and data in the Website are posted by various such legal entities. User accepts that responsibility and liability for any specific Website content, information, or data, or any act or omission, shall be limited to the legal entity that posted such specific content, information, or data on the Website, or directly engaged in such specific act or omission. Without in any way limiting the generality of the foregoing, no legal entity that provides, leases, or subscribes to any servers or web-hosting service, registers or owns any domain name, and/or provides technical support or administrative services to any other legal entity in connection with the Website shall by reason of any such act be responsible or liable for any content, information, or data in the Website or for any other legal entity’s acts or omissions.
3. Conditions for Supply of Products Ordered through the Website. The supply of products ordered through the Website shall be governed by ItalParts Terms of Sale. The link will be available once you are logged in. For more info or questions about this text, please contact ItalParts customer service.
Our offer is without obligation and on a strict business-to-business basis.
4. Acceptance / Acknowledgement. If ItalParts accepts User’s Order, ItalParts will send an acknowledgement ('Acknowledgement') to you and/or deliver the products to you. Such Acknowledgement and/or delivery of products shall have the effect that a sales agreement between ItalParts and you has been concluded in accordance with these ItalParts Terms and Conditions, as modified by any deviation contained in the Acknowledgement and/or delivery. Obvious mistakes shall be disregarded. An Acknowledgement shall not constitute an invoice. Unless agreed in writing by the parties, invoices shall be sent electronically.
5. Prices Exclusive of Tax. Unless agreed in writing by the parties, all prices presented on the Website are exclusive of VAT or other taxes. User shall pay all applicable taxes in accordance with applicable laws and regulations.
6. Product Availability and Pricing. Although ItalParts attempts to accurately state prices, availability, and other information on the Website, the Website could contain typographical errors and incorrect information regarding availability, price, or other data. Products and/or services listed on the Website may not be available. Price and availability of information, materials, products and/or services is subject to change without notice.
7. Disclaimer of Warranty; Limitation of Liability.ITALPARTS PROVIDES ACCESS TO AND USE OF THE WEBSITE 'AS IS' AND 'AS AVAILABLE' WITH NO WARRANTIES OR REPRESENTATIONS WHATSOEVER, INCLUDING BUT NOT LIMITED TO RELIABILITY, FUNCTIONALITY, UPTIME, NON-INFRINGEMENT, OR SECURITY OF THE WEBSITE, OR ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY PRODUCT OR SERVICE SPECIFICATION, AVAILABILITY, PRICES, AND OTHER DATA. USER ASSUMES TOTAL RESPONSIBILITY AND ALL RISK FOR ACCESS TO OR USE OF THE WEBSITE. ITALPARTS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT IS USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY OPINIONS, STATEMENTS, SERVICES, OR OTHER INFORMATION CONTAINED IN THE WEBSITE. ITALPARTS MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER ABOUT ANY THIRD PARTY’S WEBSITE WHICH MAY BE ACCESSIBLE VIA LINKS THROUGH THE WEBSITE. ANY SUCH LINK IS PROVIDED FOR CONVENIENCE ONLY. IN NO EVENT SHALL ANY ITALPARTS LEGAL ENTITY OR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, OR AFFILIATES HAVE ANY LIABILITY TO USER OR ANY THIRD PARTY FOR ANY BUSINESS INTERRUPTION OR LOSS OF USE, DATA, PRODUCTION, PROFITS, OR CONTRACTS, OR FOR ANY OTHER CONSEQUENTIAL, INCIDENTAL, OR INDIRECT LOSS OR DAMAGE WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
8. Modification of these ItalParts Terms and Conditions. ItalParts may at any time modify these ItalParts Terms and Conditions. User’s access to or use of the Website constitutes acceptance of such modified ItalParts Terms and Conditions.
9. Modification or Termination of User’s Access to the Website. ItalParts may at any time temporarily or permanently modify or terminate in whole or in part User’s ability to access or use the Website or any part thereof.
10. Modification of the Website. ItalParts may at any time temporarily or permanently update, modify, change, or terminate any or all functions, content, information, data or any other aspects of the Website.
11. Allowable Use of the Website / Indemnification for Violation of Law. User’s access to and use of the Website is allowed only in connection with User’s ordinary course of business in accordance with these ItalParts Terms and Conditions and applicable local, national, and international laws and regulations ('Applicable Law'). Any other use is prohibited. If access to or use of the Website by User violates or infringes any Applicable Law, User is not authorized to access or use the Website and must exit immediately. User’s access to or use of the Website constitutes User’s representation that User’s access and use of the Website does not violate any Applicable Law, and ItalParts may rely upon such representation. If any ItalParts legal entity incurs any loss, damage, expense, liability, or fee, including reasonable attorney fees (collectively 'Loss') as a result of any violation of Applicable Law by User, User shall indemnify such legal entity for any such Loss to the extent caused by User.
13. Arbitration and Applicable Law. Unless agreed in writing by the parties, any dispute arising in connection with these ItalParts Terms and Conditions or the Website shall be arbitrated in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said rules. The arbitration shall take place where the relevant ItalParts legal entity is physically located, and such jurisdiction’s substantive law shall be applied. Irrespective of the above, ItalParts may use the regular courts where User has its domicile for credit collection.
14. Miscellaneous. If any term in these ItalParts Terms and Conditions is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The headings in these ItalParts Terms and Conditions have been inserted solely for convenience of reference, and shall not be considered in interpreting these ItalParts Terms and Conditions.
Modified on: November 16, 2020