Terms and condition

📜 Terms and Conditions

This document sets out the general terms and conditions for the use of the website www.officinapeletti.com, which offers Spare parts for agricultural tractors supplied by the Application Owner.

🔎 Definitions

For a complete understanding and acceptance of these terms and conditions, the following terms, in both singular and plural, shall have the meaning indicated below:

• Owner (Titolare): Peletti Tractor Spare Parts SRL, with registered office in Via Delle Industrie 8, 26018, Trigolo (CR), VAT Number / Fiscal Code 01678350198, CR192896, fully paid-up share capital € 10,000.00, PEC address ricambipeletti@pec.it.
• Application (Applicazione): The website www.officinapeletti.com.
• Products (Prodotti): The material products sold by the Owner.
• User (Utente): Any person who accesses and uses the Application.
• Consumer User (Utente Consumatore): An adult natural person who enters into a contract for purposes unrelated to their entrepreneurial, commercial, artisan, or professional activity, if any.
• Professional User (Utente Professionista): An adult natural person or legal entity who enters into a contract for or related to their entrepreneurial, commercial, artisan, or professional activity.
• Conditions (Condizioni): This contract which governs the relationship between the Owner and the Users and the sale of the Products offered by the Owner through the Application.

🧭 Scope of Application of the Conditions

• The use of the Application entails the User's acceptance of the Conditions. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, they will not be able to use the Application or its services.
• The Conditions may be modified at any time.
• The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
• Before using the Application, the User is required to carefully read the Conditions and to save or print them for future consultation.
• The Owner reserves the right to vary, at their discretion, at any time even after the User's registration, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating the relative instructions to the User, where necessary.

🛒 Purchase through the Application

• All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery times and costs, ancillary charges, etc.).
• Some errors, inaccuracies, or small differences between what is published on the Application and the actual Product may appear. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
• Purchases of one or more Products through the Application are permitted to both Consumer Users and Professional Users.
• Purchases are permitted to natural persons only on the condition that they are adults. For minors, any purchase and/or request for supply of Products through the Application must be reviewed and authorized by parents or those exercising parental responsibility.
• The offer of Products through the Application constitutes an invitation to offer, and the order sent by the User will be considered as a contractual proposal for purchase, subject to confirmation and/or acceptance by the Owner as described below.
• Therefore, the Owner will have the right, at their sole discretion, to accept or reject the User's order without the latter being able to object or complain for any reason and/or grounds.
• The contract for the sale of the Products is considered concluded with the acceptance by the Owner of the User's contractual proposal.
• The Owner will accept the User's contractual proposal by sending the order confirmation to the email address indicated by the User, which will include the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional accessory charges and taxes, the delivery address, the delivery times and any costs, the methods for exercising the right of withdrawal or its possible exclusion, and the warranty.
• The contract for the sale of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.
• In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking whether they intend to confirm the order or not.
• It is understood that the contract will be considered completed only with respect to the Products accepted by the Owner.
• The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of their order, the relative confirmation, and the Conditions.

✏️ Registration

• To use the functionalities of the Application, Users must register by providing all the required data in the relevant registration form truthfully and completely, and fully accepting the privacy policy (www.officinapeletti.com/privacy-policy) and the Conditions.
• The User is responsible for keeping their access credentials, which must be used exclusively by the User and cannot be transferred to third parties.
• The User undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform the Owner if they suspect or become aware of improper use or undue disclosure thereof.
• The User guarantees that the personal information provided during the registration process is complete and truthful and undertakes to indemnify and hold the Owner harmless from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the User's violation of the rules on registration to the Application or on the conservation of the registration credentials.

❌ Account Cancellation and Termination

• A registered User can stop using the Application at any time and deactivate their account or request its cancellation through the Application interface, if possible, or by sending written communication to the email address ricambi@officinapeletti.com.
• In case of violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without notice.

💳 Prices and Payments

• The price and VAT, if due, are indicated for each Product.
• If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated.
• Furthermore, any taxes, additional costs, and delivery costs that may vary in relation to the destination, the chosen delivery method, and/or the payment method used will be indicated. If these cost items cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.
• The Owner reserves the right to modify, at any time, the price of the Products and any additional costs.
• It is understood that any price changes will in no case affect contracts already concluded before the change.
• The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all necessary data eventually requested.
• The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, holder's name, password, etc.).
• If these third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held responsible in any way.

🧾 Invoicing

• The User who wishes to receive an invoice will be asked for the invoicing data.
• The information provided by the User will be taken as reliable for the issuance of the invoice, and the User declares and guarantees that this information is truthful, granting the Owner the broadest indemnity in this regard.

📦 Methods of Delivery of Material Products

• Material Products (including any material goods with digital elements) will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and reported in the order confirmation.
• Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment the courier takes charge of it.
• In the event that it is not possible to supply the requested Products, the User will be promptly notified via email, indicating when delivery is expected or the reasons that make the supply impossible.
• If the User does not intend to accept the new term or if delivery has become impossible, they may request a refund of what has been paid, which will be credited promptly using the same payment methods used by the User for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.
• Upon receipt of the Product, the User is required to verify its compliance with the order placed as well as the integrity of the packaging.
• In case of evident damage to the packaging and/or the Product, the User can refuse delivery of the Product and may return it without any cost to them.
• Once the delivery document is signed, the User will not be able to raise any objection regarding the external characteristics of the delivered Products.
• The Owner will not be liable to any party or third party for damages, losses, and costs suffered as a result of the non-execution of the contract due to force majeure.

🚫 Exclusion of the Right of Withdrawal for Professional Users

• The Professional User is not granted the right of withdrawal from the contract of sale or supply of the Products.
• The User expressly acknowledges that indicating a VAT number in the order automatically qualifies them as a Professional User, for whom the right of withdrawal is not provided.

↩️ Right of Withdrawal of Users from the Purchase of Material Products

• The Consumer User has the right to withdraw without any penalty and without specifying the reason within a period of 14 days starting from the date of receipt of the Product, by sending written communication to the email address ricambi@officinapeletti.com, using the optional withdrawal form referred to in the following article or any other written declaration.
• In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 14-day period for exercising the right of withdrawal runs from the day on which the last Product was received.
• In case of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which they communicated their decision to withdraw from the contract.
• The User will bear only the direct cost of returning the Product, unless the Owner has declared to take charge of it.
• In case of correctly exercised withdrawal, the Owner will refund the payments received from the User, using the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated their wish to withdraw from the contract.
• The Owner is not obliged to refund delivery costs if the User has expressly chosen a type of delivery different from the least expensive type of delivery offered by the Owner.
• The Owner, unless they have offered to collect the Product themselves, may withhold the refund until they have received the Product or until the Consumer User has demonstrated that they have sent it back.
• The Owner will not accept the return if the Product is found to be malfunctioning due to improper use, negligence, physical, aesthetic, or superficial damage or alterations, tampering or improper maintenance, or wear and tear, or the absence of integral elements of the product (accessories, parts, etc.).
• In such cases, the Owner will return the purchased Product to the sender, charging them the shipping costs.

🔒 Cases of Exclusion of the User's Right of Withdrawal

The right of withdrawal from the contract of sale or supply of the Products by the User is excluded in relation to:

• The supply of Products whose price is linked to fluctuations in the financial market that the Owner is unable to control and that may occur during the withdrawal period.
• The supply of custom-made or clearly personalized Products.
• The supply of Products that are likely to deteriorate or expire rapidly. This category includes all food products (including beverages) whose characteristics are subject to alteration also as a result of inappropriate storage.
• The supply of sealed Products that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery.
• The supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods.
• Contracts in which the User has specifically requested a visit from the Owner or an appointed professional for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the Owner or an appointed professional provides services other than those specifically requested by the User or goods other than the spare parts necessary to carry out the maintenance or repairs, the right of withdrawal applies to these additional services or goods.
• The supply of sealed audio or video recordings or sealed computer software that have been opened after delivery.
• The supply of newspapers, periodicals, and magazines, with the exception of subscription contracts for the supply of such publications.
• Contracts concluded during a public auction.
• The supply of accommodation for non-residential purposes, the transport of goods, car rental services, catering services, or services related to leisure activities if the contract provides for a specific date or period of execution.

For further clarification, contact the Owner at the email address ricambi@officinapeletti.com.

📝 Optional Form for Exercising the Right of Withdrawal

The User can withdraw using the following form, which must be completed in its entirety and sent to the email address ricambi@officinapeletti.com before the expiry of the withdrawal period:

With this, I communicate the withdrawal from the contract of sale or supply relating to the following product Order number: Ordered on: Name and Surname: Address: Email associated with the account from which the order was placed: Date:

🛠️ Warranty for Material Products for Professional Users

• In relation to Material Products, the warranties for defects in the item sold, the warranty for lack of promised and essential quality, and the other guarantees provided for by the civil code with the relative terms, forfeitures, and limitations (articles 1490 et seq. c.c.) will apply to Professional Users.

✅ Conformity Warranty for Material Products for Consumer Users

• Consumer Users are granted the conformity warranty, provided for by articles 129 et seq. of the Consumer Code (Codice del Consumo), for all Material Products sold through the Application, with the exception of the cases of exclusion provided for by article 128 of the Consumer Code.
• The Owner is liable to the Consumer User for any lack of conformity that manifests itself within two years of delivery.
• During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery, as it is presumed to have already existed on that date, unless this presumption is incompatible with the nature of the Material Product or with the nature of the lack of conformity.
• If the Consumer User intends to avail themselves of the remedies provided for by the conformity warranty, they must send written communication to the email address ricambi@officinapeletti.com.
• The Owner will respond promptly and indicate the procedure to be followed to the Consumer User.
• For anything not provided for in this clause, articles 128 to 135-septies of the Consumer Code and the articles of the civil code regarding the formation, validity, and effectiveness of contracts apply, including the consequences of contract termination and the right to compensation for damages.

🎨 Industrial and Intellectual Property Rights

• All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement, and their adaptations are protected by copyright law and trademark protection law.
• The Application may also contain images, documents, logos, and trademarks of third parties who have expressly authorized the Owner to publish them on the Application.
• Without prejudice to strictly personal uses, copying, altering, distributing, publishing, or using the Contents without specific authorization from the Owner is not permitted.

🚫 Disclaimer of Warranty

• The Application is provided "as is" and "as available" and the Owner makes no explicit or implicit warranty in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of the Users or that it will never be interrupted or error-free or that it will be free of viruses or bugs.
• The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period.
• Access to the Application may be suspended temporarily and without notice in case of system failure, maintenance, repairs, or for reasons entirely unrelated to the Owner's will or for force majeure events.

⚖️ Limitation of Liability

• The Owner cannot be held liable towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet network outside their control or that of their suppliers.
• The Owner will also not be liable for damages, losses, and costs suffered by the User as a result of the non-execution of the contract due to causes not attributable to them, the User being entitled only to the eventual full refund of the price paid and any accessory charges incurred.
• The Owner assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards and other means of payment, as they do not in any way come into contact with the payment data used (credit card number, holder's name, password, etc.).
• The Owner will not be responsible for:
  • Any loss of business opportunity and any other loss, even indirect, possibly suffered by the User that is not a direct consequence of the Owner's breach of contract.
  • Incorrect or inadequate use of the Application by Users or third parties.
  • The issuance of incorrect tax documents or data due to errors related to the data provided by the User, the latter being solely responsible for the correct input.
• In no case can the Owner be held liable for an amount exceeding twice the cost paid by the User.

🌩️ Force Majeure

• The Owner cannot be considered responsible for the failure or delay in the fulfillment of their obligations, for circumstances outside the Owner's reasonable control due to events of force majeure or, in any case, to unforeseen and unpredictable events and, in any case, independent of their will.
• The fulfillment of the Owner's obligations will be considered suspended for the period in which force majeure events occur.
• The Owner will take any action in their power to identify solutions that allow the correct fulfillment of their obligations despite the persistence of force majeure events.

🔗 Links to Third-Party Sites

• The Application may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the contents of these sites/applications.
• Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the enjoyment of the service prepared by the third parties will apply to the individual services, for which the Owner assumes no responsibility.

🔐 Privacy

• The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted on the page https://officinapeletti.com/index.php?id_cms=14&controller=cms&id_lang=1.

🏛️ Applicable Law and Competent Jurisdiction

• The Conditions are subject to Italian law.
• For Professional Users, the court of the place where the Owner has its registered office shall have jurisdiction over any dispute relating to the Application, execution, and interpretation of these Conditions.
• For Consumer Users, any dispute relating to the application, execution, and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, subject to the right for the Consumer User to appeal to a court other than the "consumer forum" pursuant to article 66 bis of the Consumer Code (Codice del Consumo), competent by territory according to one of the criteria set out in articles 18, 19, and 20 of the civil procedure code.
• 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 is reserved, in particular in relation to the term for exercising the right of withdrawal, the term for returning the Products, in case of exercising this right, the methods and formalities of the communication thereof, and the legal conformity warranty.

💻 Online Dispute Resolution for Consumer Users

• The Consumer User residing in Europe must be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool.
• This tool can be used by the Consumer User to resolve non-judicially any dispute relating to and/or arising from contracts for the sale of goods and the supply of services stipulated online.
• Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online.
• The platform is available at the following address: ec.europa.eu/consumers/odr/.

  X.  Duties, Taxes, and Import Charges (Non-EU Shipments)

1. All prices listed on the Website, unless explicitly stated otherwise, include Italian VAT (Value Added Tax) for sales within the European Union.

2. For shipments destined outside the European Union (Non-EU), the prices displayed on the Website do not include any potential customs duties, import taxes, customs clearance fees, or other local charges applicable in the destination country.

3. The sale is conducted under the DAP (Delivered At Place) Incoterm. This means that the responsibility for the payment of all additional costs listed above (Duties, Import Taxes, local VAT, etc.) is entirely borne by the Buyer (the Recipient).

4. The Buyer is responsible for checking the amount of these charges beforehand and for arranging payment to the courier or the relevant customs authority in their country, in order for the goods to be cleared and delivered.

5. If the Buyer refuses the package due to customs charges, or fails to pay the customs fees within the specified time, the amount paid for the purchase will not be refunded, and any return shipping costs (if applicable) will be deducted from any potential partial refund.

Date 14/11/2025