Conditions of Sale
These General Conditions of Sale regulate the online sales methods applicable to a wide range of products dedicated to reducing the presence of solid particulate in fuel tanks and, in certain cases, reducing the presence of water in fuels filtered by the same, by Guglatech S.r.l. through our website www.guglatech.it (hereinafter the “Site”).
This section indicates the main conditions of sale and other general information to provide greater clarity and transparency in the service provided by our Site. Please contact us at firstname.lastname@example.org for any further information or queries you may have.
All contractual relations between Guglatech S.r.l. and the customer are regulated by these General Conditions of Sale, which form an integral and essential part of each quotation, order and purchase order confirmation regarding our products.
Acceptance of the Conditions of Sale
Upon sending the confirmation of the purchase order using electronic means, the Customer accepts and undertakes to comply with these terms and conditions of sale in its relations with Guglatech S.r.l. The Customer acknowledges that Guglatech S.r.l. is not bound by any conditions of sale other than those indicated herein unless agreed in writing beforehand.
Guglatech S.r.l. reserves the right to amend the conditions of sale at any time in the future. In this case, they shall only be effective for purchase orders made by the Customer after the publication of the same on the Site. Guglatech S.r.l. therefore invites the Customer to read the most recent version of the Conditions of Sale before submitting a purchase order and print a copy or save it on an electronic device.
Please refer to the provisions of Legislative Decree no. 185 of 22 May 1999 as amended, Legislative Decree no. 206 of 6 September 2005 (the “Consumer Code”) as amended, Legislative Decree no. 70 of 9 April 2003 as amended and the Italian Civil Code regarding all aspects not contemplated by these General Conditions of Sale.
1. Contact Details
1.1 Guglatech S.r.l., with registered office in Bologna, Via dell’Elettricista 2/3, VAT number 02234540561 (hereinafter for sake of brevity the “Company”).
1.2 Any requests for information or clarification can be submitted directly to the Company by email at email@example.com.
2. Sales Policy
2.1 The Company sells a wide range of products via the Site dedicated to reducing the presence of solid particulate in fuel tanks and, in certain cases, reducing the presence of water in fuels filtered by the same (hereinafter the “Products”).
2.2 All the Products on the Site correspond to the best quality standards in the sector. The Company does not sell products of an inferior quality to the corresponding standards available on the market.
2.3 The essential characteristics of the Products offered by the Company are provided with specific descriptive data sheets, displayed directly on the Site.
3. Sales Contract and Product Purchasing Procedures
3.1 These General Conditions of Sale exclusively regulate the sale of Company Products through the Site.
3.2 These General Conditions of Sale do not regulate the supply of services or the sale of products by subjects other than the Company, to which reference is made on the Site through hyperlinks or banners. The Company is not, therefore, responsible for the provision of services and/or products, or the conclusion of any contract between the user and third parties other than the Company.
3.3 The user may proceed with the purchase of one or more Products via the Site, as described in the relevant sections, selecting them and adding them to the “shopping cart”. On completing the selection of the desired Products, go to the “your shopping cart” section, a screen will be displayed to submit the order with all the data entered by the user, who is required to verify the accuracy of the same (the “Purchase order”).
Once that the selection of the Products is complete, in order to purchase the Products chosen, the User will be asked to (i) register with the Site (free of charge), providing details as requested, or, (ii) where already registered, to login, or (iii) to provide their details so that the order can be completed and the contract can be concluded.
3.4 The Company reserves the right, at its sole discretion, to refuse, also partially, the Purchase Order. This refusal does not entail any right, indemnity and/or compensation of any kind and for any reason whatsoever against the Company.
4.1 All the sales Prices of the Products on the Site indicated next to each individual Product are expressed in Euro and include VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs, which are calculated in the “Total Shopping Cart” and that the user undertakes to pay to the Company, in addition to the Price indicated on the Site.
4.2 The Prices of individual Products, as published from time to time, cancel and replace any previous Prices. In any case, the Prices applied are those indicated on the Site at the time of the Purchase Order and confirmed on the latter.
5. Product Availability
5.1 It is only possible to purchase the Products indicated in the online catalogue that are indicated as available on the Site.
5.2 The Products on the Site expressly referred to as “Product currently not available” are no longer available for purchase.
5.3 If, following the completion by the user of the Purchase Order, the selected Product is no longer available, the Company shall cancel the Purchase Order, and subsequently refund the amount paid within 30 days.
6.1 Payments shall be made by credit card, bank transfer or via the PayPal payment system.
6.2 At no time during the purchase process, is the Company able to gain access to the information related to the credit card transmitted via a secure connection directly to the PayPal site that manages the transaction, without third parties having access to the same.
The Company has no access to any electronic archive relating to the payment instruments of the Price, therefore under no circumstances shall the Company be held liable for any fraudulent and illegal use of credit cards by third parties when payment of the purchased Products is made.
7. Transport and Delivery
7.1 The Company shall arrange to deliver the selected and ordered Products to the address specified at the time the Purchase Order is placed, as described below.
7.2 The ordered Products shall be delivered in suitable packaging to guarantee their integrity during transport. Deliveries are carried out by courier (hereinafter the “Carrier”) to the address indicated directly on the order form.
7.3 In order to arrange the delivery of the Products, the user must provide all the necessary information, including shipping address and telephone number of the person to whom the Product is to be delivered, if it is different from the person placing the order.
The delivery shall only be handed over to the recipient indicated on the waybill. The Carrier reserves the right to request the recipient to provide suitable ID before handing over the delivery.
7.4 Upon receiving the Product, the user is required to check: (i) that the quantity of the ordered Products corresponds to what is indicated on the transport document; (ii) that the packaging is intact, not damaged or, in any case, not showing any alterations even on the sealing materials.
Once the carrier’s transport document has been signed, it will not be possible to submit any claims to the Company regarding the characteristics of the goods delivered.
7.5 If the Carrier is unable to make the delivery of the Products due to the physical absence of the recipient or the appointed delegate at the indicated address, the Carrier may contact the recipient by phone during the following days, so as to complete the delivery of the Product.
Therefore, in case of non-delivery of the Product, the Carrier may make follow-up contact attempts; there will be no additional costs if the products are placed in storage, and there will be no additional costs for the user up to the second delivery attempt.
7.6 If the package delivered by the Carrier is visibly damaged and broken, the user shall reject the delivery and return it to the sender. In this case the Company shall organise the collection of the delivery and a new shipment of the product.
If the shipment consists of multiple packages and not all of them were damaged, please only return the damaged package to the sender by signing the courier delivery note with the lettering “With Reservations”. The Company will collect the damaged package and replace it. If the product to be replaced is out of stock, you will be contacted to replace it with another product or refund the residual value.
8. Right of Withdrawal
8.1 In accordance with the legal provisions in force, making particular reference to the Consumer Code, the Consumer user (any natural person who uses the Site for purposes unrelated to his/her professional, commercial or entrepreneurial activity) has the right to withdraw from the purchase of the Products without incurring any penalty and without specifying the reason, within the term of 14 (fourteen) calendar days from the date of receipt of the Products.
The decision to withdraw shall be notified to the Company with a right of withdrawal letter to be sent by registered mail, with advice of receipt, or by any other suitable means. The registered letter is deemed valid when sent from the recipient post office within 14 calendar days of receipt of the product.
8.2 After the return of materials (RMA) has been authorised, and the goods have been received, Guglatech S.r.l. will check the product. The product must be intact, in its original packaging, complete with all its parts and any ancillary documentation.
The lack/breakage of any content of the packaging will invalidate your right of withdrawal. Guglatech S.r.l. will refund the entire amount paid by the Customer to purchase the product; the Customer is only responsible for the cost of returning the Product to the sender. Returns will not be accepted at the expense of the recipient.
8.3 Once it has verified that the returned product is completely intact, Guglatech S.r.l. undertakes to refund the purchase price no later than 14 calendar days from receipt of the notice of withdrawal request, after receiving and verifying the returned product, or after receiving proof by the customer that the goods have been returned, depending on what situation occurs first.
The shipment is the sole responsibility of the customer; in the event that damage occurs to the product during transport, the customer shall be notified and required to collect the same within and no later than 30 days from said notice. After this time the product will be disposed of.
8.4 The right of withdrawal is null and void if the product is assembled or used, even for testing purposes. The right of withdrawal is also null and void due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases in which Guglatech S.r.l. ascertains:
• Missing original external package and/or internal packaging;
• Missing product parts (accessories, parts etc.);
• Damaged product due to causes other than transport;
8.5 In the case of non-applicability of the right of withdrawal, Guglatech S.r.l. shall return the purchased good to the sender, charging all shipping costs to the latter.
9. Non-Conforming Products
In the event that the Products are not intact, are already “open” or present characteristics that do not conform to the descriptions on the data sheets on the Site, the user must report the event in writing by email to the address firstname.lastname@example.org indicating the relative Order Number, any defect found on the products, no later than 24 (twenty-four) hours from receipt of the Product.
No claims sent after the aforementioned deadline shall be taken into consideration. If the product is damaged, the recipient shall refrain from taking any personal initiatives with the carrier and agree on the return material authorisation (RMA) procedure with Guglatech S.r.l. beforehand.
As proof of the damage, the recipient may be asked to provide relative images required to submit a claim to the carrier; these images must show the extent and nature of the damage as well as the condition of the packaging. Any returns of goods, not previously agreed between the parties, shall be at the exclusive expense of the Customer and not refundable.
10. Legal Warranty of Conformity of the Products and Reporting of Non-Conformities
10.1 The Company guarantees that the Products shall comply with the descriptions published on the Site. Warranties are not applicable when Products have been used in an inappropriate manner, without following the instructions/warnings provided by the Company, on the relative information documentation.
Under no circumstances shall Guglatech products guarantee the functioning of the components on board the vehicle, both OEM and aftermarket. The products are only covered by manufacturing defect warranties for the legal term of 24 months, from the date shown on the purchase receipt. All Guglatech products are always and in any case classified as consumables and subject to the regulations applicable thereto.
This warranty obviously does not apply in the case where the service life of the filter has been successful, but is no longer able to provide such service due to saturation of the matrix/adapter or wear and tear or damage to the same (prolonged and heavy duty use). This warranty does not apply in case of damage due to improper use, incorrect assembly, damage of any kind, physical or chemical, or any other kind that is unrelated to an intrinsic defect of the product itself.
10.2 On receiving the notice, the Company shall assess the defects and/or non-conformities you reported and, having carried out quality control tests in order to assess whether the Product does not in fact conform, and shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to your email using the address provided by yourself when registering with the Site.
Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products which the Company has authorised the return must be returned by the user, at his/her own expense and under his/her sole responsibility, together with a copy of the Return Material Authorisation form and purchase receipt of the Product, to the following address: Guglatech S.r.l. with registered office in Via dell’Elettricista 2/3, Bologna.
The Product shall not be collected by the Company if even one of the above mentioned item are missing.
10.3 If the Company undertakes to give you a refund for the Price paid, the refund will be made, where possible, using the same payment method used to purchase the Product.
11. Responsibilities of the Seller
11.1 Give that the Company does not guarantee the functioning of the components on board the vehicle (both OEM and aftermarket) Guglatech S.r.l. shall not be held responsible for any malfunctions or breakages of any type.
11.2 Guglatech shall not be held liable for the “end of service life” of consumables, such as fuel filters or seals, mechanical or mechatronic components such as petrol pumps, fuel level detection systems, electronic injection systems.
11.3 Guglatech S.r.l. shall not be held liable for any damage caused to the vehicle due to incorrect use of its products, incorrect assembly, inexperience/negligence or misinterpretation of the assembly instructions.
11.4 In addition, Guglatech shall not be held liable for damages caused by its products due to defects, imperfections, or concealed problems present on the vehicles on which the products will be assembled and used; such concealed problems are not attributable to Guglatech and shall be resolved by the customer at his own expense.
11.5 Guglatech S.r.l. is under no circumstances liable for disruptions caused by third parties (including the carrier) and force majeure and/or Act of God, such as accidents, theft and/or robbery involving the carrier making the delivery, fire, explosions, strikes and/or lockouts, earthquakes, floods and other similar events that could prevent, in full and/or part processing of the order within the contractually agreed deadlines.
Guglatech S.r.l. disclaims all liability to any party for any damages, losses and costs incurred as a result of failure to execute the contract for the causes mentioned above, as the consumer is only entitled to a refund of the paid price. Equally, Guglatech S.r.l. is not held liable for any fraudulent or illegal use that may be made by a third party, of bank details, cheques and other payment means.
All information relating to the processing of your personal data can be obtained by consulting the Information Notice on the processing of personal available on the Site.
13. Information Available on the Site
Any information or news provided on this Site, in particular any information or news relating to health conditions, medical and/or preventive care, medications, diseases or disorders is provided purely as a general indication and with the sole purpose of providing information to guide you in your choice when purchasing the Products.
This Site does not provide medical advice and does not in any way act as a substitute for the recommendations provided by your own General Practitioner. In the presence of any disorders, it is necessary to consult your GP before use.
14. Governing Law and Dispute Resolution
These General Conditions of Sale are all executed in Italy and regulated by Italian laws. Any disputes that should arise regarding the validity, interpretation or execution of these General Conditions of Sale and the product purchase orders shall be the sole jurisdiction of the Judge in the location of residence or domicile of the Consumer, on the condition it is Italy. The Court of Bologna is granted exclusive jurisdiction for all and any other disputes which may arise.
15. Updates and Amendments
These General Conditions of Sale may be periodically amended by the Company according to developments of its commercial policy, and in order to ensure compliance with any legislative updates and modifications. Each contract is deemed concluded according to the General Conditions of Sale in force at the time of order and published on the Site. Any update and amendment shall be regularly published on the Site and will be immediately effective from the date of publication on the same.