Sales Conditions

Sales and Warranty Conditions

This document is a contract governing all trade transactions between Diesel Levante S.r.l. (the “Company”) – with registered office at SS 96 km.116 70026 Modugno (BA), Italy, Bari Economic and Administrative Index (REA) no. 284235, VAT no. 03933890729, and a capital of 56,810.00 euros fully paid up - and any individuals and/or entities purchasing products from it (the “Customer”). The Company sells its products on a B-to-B basis.
This contract is directly concluded through the Company’s acceptance of a purchase proposal received from the Customer by phone, email, the web, a sales agent or in person at the premises of Diesel Levante S.r.l. The Customer hereby undertakes to unconditionally accept these General Sales Terms and Conditions, which shall apply to any of the products chosen by the Customer among those available in the Company’s e catalogue published on www.Jrone.shop or www.dieselevante.eu or www.dieselevanteshop.it and/or all other distance selling systems of Diesel Levante S.r.l. 
The most recent version of these General Sales Terms and Conditions is published on www.Jrone.shop or www.dieselevante.eu or www.dieselevanteshop.it and shall remain valid until such time as they are promptly amended by the Company on the above websites. 
These General Sales Terms and Conditions shall invariably apply to all products sold by the Company.
The formal execution of the contract takes place when the Customer provides all the data required for the billing and shipment of a purchased product. After providing these data, the Customer’s proposal shall be deemed accepted and the Company shall proceed with shipment. The Customer shall be fully liable for any incorrect or incomplete data provided to the Company, which may cause errors in the processing of orders including delivery. 
The Customer is also fully liable for any other information provided, such as ordered part number and quantity. 
After receiving billing and shipping data, the Company shall process the Customer’s proposal. As set out in the “Product Returns” section hereof, Customers may return their purchased goods subject to paying the penalty specified in section 4, subsection A below. A specific method of payment will be agreed with each Customer, i.e. (a) cash on delivery (the Customer pays the carrier that delivers the goods in cash), (b) by advance bank transfer (subject to the Customer’s producing a transfer slip showing the transaction reference number) (c) by POS terminal, credit card or PayPal; or (d) any other method of payment agreed in advance between the Company and the Customer (e.g., without limitation, a ‘Ri.Ba.’, Italian bank voucher).
All of the Company’s price quotations to the Customer are in euros and exclude VAT and shipping costs. The selling prices of the products are freely determined by the Company, which reserves the right to change them at any time without prior notice. In any case, Customers will be charged the price applicable at the time of placing an order, which shall be quoted net of VAT and shipping costs. Goods offered for prompt shipment or delivery are always understood to be ‘available if unsold’.
The Company shall arrange for the delivery of all selected and ordered products to the address advised by the Customer, in accordance with the terms set out in the above section, by means of its designated couriers and/or carriers. Delivery time may vary from the same day of the order to seven working days maximum. The above delivery time shall apply to products in the Company’s warehouse at the time of the order. The Company may not be held liable for late delivery or non-delivery caused by force majeure or unforeseeable circumstances. The carrier in charge of delivering goods will issue a paper or electronic delivery document (Delivery Note) to be signed by the Customer and/or any other authorised person to be advised by the Customer at the time of the Order.
On receiving the goods, the Customer will be required to check the content, conformity and condition of the shipped goods. Such check shall be deemed to have been made when the Delivery Note is signed by the Customer or another person authorised by the Customer. The Company may not be held liable for late delivery or non-delivery attributable to the carrier, or for dents or breakage of the shipped goods caused by transport, which are to be reported to the carrier at the time of delivery with the following wording added to the Delivery Note or transport document: “Goods accepted under reserve”. 
The Company may not be held liable for inefficiencies due to force majeure events such as accidents, explosions, fires, strikes and/or lockouts, thefts, earthquakes, floods and other similar events preventing the full or partial performance of this contract within the agreed time. In particular, the Company may not be held liable to any party for any damage, loss or cost incurred as a result of the non-performance hereof for the above reasons; in such an event, Customers will only be entitled to the refund of the price they have paid.
A) PRODUCT RETURN FOR INCORRECT ORDER
The Customer may return a purchased spare part within 14 days maximum from the date of shipment subject to paying a penalty of 20% of the value of the returned part as well as any costs due to its failed collection, storage with couriers, return to sender or any damage caused to it. We will not accept a request to return goods for an incorrect order after 14 days from the date of purchase. 
In the specific case of online orders placed on the Company’s websites, the Customer shall be fully liable for any incorrect or incomplete data or information entered, such as shipping method, address and part number(s) entered/ordered.
In order to return goods, the Customer will be required to fill in a return form to be found by clicking on the “Returns” tab on the www.jrone.shop or www.dieselevante.eu or www.dieselevanteshop.it websites and then selecting the option “Return for incorrect order within 14 days”. Requests for the return of goods shall only be processed in accordance with this procedure, which is also specified in the above Company websites. The Company reserves the right to return to sender any item received at its premises, if the Customer has not complied with the Company’s return procedure under this section 4, subsection A. No penalty shall apply in the event of returned goods due to catalogue errors for which the Company is responsible.
Customers can monitor the progress of their returned goods directly from the website used to fill in their return form.

Conditions for accepting a return request and crediting the amount of returned goods:
• No spare part that has been fitted to the engine, tampered or damaged can be returned. 
• All spare parts should be returned in their original packaging and include any certificates or accessories contained in it at the time they were purchased from the Company.
• The spare part to be returned should be sent with an attached delivery note bearing reference to the number generated at the end of completing a "Return for incorrect order within 14 days" form online.
When filling in the form, the Customer shall be required to provide the address where Diesel Levante will collect the spare part to be returned. Before being collected, the product shall be accurately packed and the following address marked on the package: DIESEL LEVANTE S.r.l. S.S.96 Km.116 70026 Modugno BA.

B) PRODUCT RETURN FOR ITEM MISMATCH
In the event of a purchase of goods that cannot be used by the Customer due to technical deviations or mismatches with the original spare part, the Customer has the right to return the purchased spare part within 30 days maximum from the date of purchase without being required to pay any penalty or shipping cost. Requests to return goods for technical deviations or parts not conforming to the original will not be accepted after 30 days from the date of purchase. 
In order to return the goods, the Customer will be required to fill in a return form to be found by clicking on the “Returns” tab in the www.jrone.shop or www.dieselevante.eu or www.dieselevanteshop.it websites and then selecting the option “Return for item mismatch within 30 days”. Requests for the return of goods for item mismatch shall only be processed in accordance with this procedure, which is also specified in the above Company websites. The Company reserves the right to return to sender any item received at its premises, if the Customer has not complied with the Company’s return procedure under this section 4, subsection B. 
Customers can monitor the progress of their returned goods directly from the website used to fill in their return form.
Conditions for accepting a return request and crediting the amount of returned goods:
• No spare part that has been fitted to the engine, tampered or damaged can be returned. 
• All spare parts should be returned in their original packaging and include any certificates or accessories contained in it at the time they were purchased from the Company.
• The spare part to be returned should be sent with an attached delivery note bearing reference to the number generated at the end of completing a “Return for item mismatch within 30 days” form online.
When filling in the form, the Customer shall be required to provide the address where Diesel Levante will collect the spare part to be returned. Before being collected, the product shall be accurately packed and the following address marked on the package: DIESEL LEVANTE S.r.l. S.S.96 Km.116 70026 Modugno BA.

C) DELIVERY OF OLD CORES FOR DEPOSIT REFUND 
The purchase of a remanufactured product involves the payment of a deposit as security of the Customer’s delivery of an old core. In order to obtain a deposit refund, the Customer should deliver an old core within 60 days maximum from the date of purchase of the remanufactured product.
The delivery of an old core is a precondition for refunding a deposit, unless otherwise agreed at the time when the order was placed.
No refund will be made if:
1) the old core has damaged parts preventing its future functionality or remanufacturing (e.g., permanent damage caused by impact, crushing, severe fall, transport, etc.). If the old core is damaged, the Customer will be charged for the cost of the damaged parts at the then current list price;
2) the old core is not intact or has some parts missing, in which case the Company will charge the Customer for the cost of the missing parts at the then current list price;
3) the old core has been tampered with;
4) the old core does not match a specific product (i.e., same part number) or a similar product equivalent to the remanufactured product sold; or
5) the old core is delivered after the prescribed time limit (60 days from purchase), in which case the Company reserves the right to accept late delivery with a 50% penalty.
If any of the refund exclusions under points 3), 4) and 5) above apply, when the old core is received, notice of the exclusion will be promptly be given to the Customer and, if the Customer fails to react within 7 days of such notice, Diesel Levante will be entitled to scrap the old core. In such an event, no partial or total refund will be made.
Shipping costs for the delivery of the old core shall be borne by the Customer.
In order to deliver an old core, the Customer will have to fill in a form to be found by clicking on the “Returns” tab in the www.jrone.shop or www.dieselevante.eu or www.dieselevanteshop.it websites and then selecting the option “Delivery of old cores for deposit refund”. Requests for delivery of old cores shall only be processed in accordance with this procedure, which is also specified in the above Company websites. The Company reserves the right to return to sender any item received at its premises, if the Customer has not complied with the Company’s procedure under this section 4, subsection C. 
Customers can monitor the progress of their deposit refund request directly from the website used to fill in their form.
The Company shall apply rules on warranties and mutual assistance between professionals to the Customer’s purchased spare parts. The validity of warranties granted to professionals/businesses on all parts shall be valid for one calendar year from the date of issue of the delivery note, which shall always be included in the delivery package.
The products sold by the Company can only be installed on vehicles or systems recommended by the manufacturer and only by competent and qualified personnel, who will be held fully liable for the work performed. The Company shall therefore be exempt from any liability arising from the incorrect assembly of a product, its improper use or tampering, or a use not suitable for a given type of vehicle and in the event that the Customer does not have the technical equipment (by way of example and without limitation, a turbo flow bench, an electronic actuator tester, a diesel-pump-and-injector test bench, etc.) required for the calibration, control and/or repair of the vehicle or system for which the product was purchased. 

A. STATUTORY WARRANTY (12 MONTHS):
All Diesel Levante’s new and remanufactured products are covered by a statutory warranty for 12 months from the date of invoice or delivery note. The warranty covers any manufacturing or remanufacturing defect in the product or product part sold and only relates to the cost of repairing or replacing it. Any additional transport costs, assembly/disassembly costs, downtime or tow-truck costs and any other claims for damage are not covered by statutory warranty and will therefore not be recognised.
Other than its obligation to repair or replace a defective product, Diesel Levante accepts no further liability for damage caused by its own defective products. Defective parts that have already been replaced will not be returned to the Customer.
The warranty period cannot be extended. Any work carried out under warranty may not extend its duration in any way.

In order to return an item under warranty, the Customer will have to fill in a form by clicking on the “Returns” tab on the www.jrone.shop or www.dieselevante.eu or www.dieselevanteshop.it websites and then selecting the option “Statutory Warranty”. Warranty claims shall only be processed in accordance with this procedure, which is also specified in the above Company websites. The Company reserves the right to return to sender any item received at its premises, if the Customer has not complied with the Company’s procedure under this section 5, subsection A. Customers can monitor the progress of their entered warranty claim directly from the website used to fill in their form.
Condition for warranty claim acceptance and consequent product replacement or refund:
• The spare part to be replaced or refunded should be sent with an attached delivery note bearing reference to the number generated at the end of completing a ““Statutory Warranty” claim form online.
When filling in an online warranty claim form, the Customer shall be required to provide the address where Diesel Levante will collect the part to be returned. Before being collected, the part shall be accurately packed and the following address marked on the package: DIESEL LEVANTE S.r.l. S.S.96 Km.116 70026 Modugno BA.
The information to be provided to the Company on the Customer’s online claim form should include the defects found and the following documents should be attached, if expressly requested by the Company:
• a copy of the car service logbook; and
• a copy of the invoice issued by the qualified workshop in order to document the type of work carried out on the car and a detailed description of parts replaced.

The utmost care should be taken when packing the part to be returned. In any case, the Company shall not be liable for any damage caused to the part during transport, especially if it is sent in packaging that is inappropriate to ensure its safety or in packaging that is clearly insufficient.

After receiving a warranty claim, the Company will collect the part under warranty through the designated carrier. On receipt of the defective part, the Company will carry out a specific and detailed technical inspection in order to identify the causes of breakage and any defects attributable to the product or installation/assembly that may rule out recognition of the warranty claim. The result of the inspection will be notified to the Customer in a special technical report as soon as possible. 

If the inspection reveals a manufacturing defect, the Company will repair or replace the spare part or component thereof and then re-deliver/deliver the repaired/new product to the address provided by the Customer at no charge. Where no repair or replacement is possible, the Company will refund the cost incurred by the Customer for the purchase of the spare part. Transport costs for the collection and shipment of the defective part shall be borne by the Company. 

If, on the other hand, the inspection reveals a fault due to the Customer’s negligence, or the Customer’s failure to comply with the assembly procedures or any of the reasons listed in the section “Cases of Warranty Exclusion” below, the warranty claim will be rejected. In this case, the Customer has the right to request a repair from the Company in the manner specified in section 6 below (Repair Request). 
The Company reserves the right to apply reduced prices for the parts to be replaced, without charging additional labour costs. In the event that the Customer decides not to have the inspected component repaired after the warranty claim has been rejected, the Customer shall be charged a fee of 50.00 Euros for the inspection carried out.
In the event of failure to collect the component to be returned to the Customer as ineligible for warranty coverage or failure to reply to our repair price estimate within 15 working days maximum of giving notice thereof, Diesel Levante reserves the right to retain the product and consequently scrap it.
In the event of our non-acceptance of the Customer’s warranty claim for defects not attributable to the product sold, the transport costs of collecting and shipping the defective component shall be borne by the Customer. 

CASES OF WARRANTY EXCLUSION:
No warranty shall apply in the event of:
• Incorrect installation of the (new or remanufactured) product. The product should always be installed by a competent and qualified technician with the professional equipment necessary for its correct installation.
• Tampering with or unauthorised opening of the product.
• Malfunctions due to external causes (water, impurities in the oil, failure to clean the system, poor maintenance of the injection circuit, use of unsuitable lubricants, etc.).
• Routine maintenance and overhauls carried out without observing the time intervals or deadlines recommended by the vehicle manufacturer.
• Failure to follow the installation procedure shown in the installation manual supplied at the time of the Customer’s purchase of the product.
• Failure to replace components and/or accessories supplied with the spare part purchased and strongly recommended by the manufacturer.
• Expiry of the warranty period (12 months).
In order to request the repair of a spare part, the Customer will be required to fill in a “Repair Request” form available on the www.jrone.shop or www.dieselevante.eu or www.dieselevanteshop.it websites. Repair requests shall only be processed in accordance with this procedure, which is also specified in the above Company websites. The Company reserves the right to return to sender any item received at its premises, if the Customer has not complied with the Company’s procedure under this section 6.
Customers can monitor the progress of their entered repair requests directly from the website used to fill in their form. 
The part to be repaired should be sent with an attached delivery note showing the request number generated at the end of completing a “Repair Request” form online.
When filling in the form, the Customer shall be required to provide the address where Diesel Levante will collect the spare part to be repaired. Before being collected, the product shall be accurately packed and the following address marked on the package: DIESEL LEVANTE S.r.l. S.S.96 Km.116 70026 Modugno BA.

The information to be provided by the Customer to the Company on the online repair request form shall include the defects found on the spare part to be repaired.
After receiving a repair request, the Company will collect the part through the designated carrier. The Company shall not be liable under any circumstances for any damage caused to the part during transport.
On receipt of the product to be repaired, the Company will carry out a specific and detailed technical inspection in order to make an estimate of the repair price, which will be notified in writing to the Customer for the latter’s acceptance.
In the event of failure to reply or, however, accept, within 15 days maximum the price estimate sent to the Customer, Diesel Levante reserves the right to return the part and charge a transport and appraisal cost of € 50.00 excluding VAT (where applicable) to the Customer - to be paid in advance of shipment by the Customer. If no payment is made after a further 15-day term from the date of charging this cost, the Company will automatically retain or scrap the product. 
Transport costs for the repair service shall be borne by the Customer.
When the part is not repairable, the Company will give notice thereof to the Customer and the Customer will be required collect it within 15 days maximum, after which the Company will automatically scrap it.
Customers declare under their own responsibility that:
• they are of legal age and have the legal capacity to place an order with the Company, or have been authorised by a third party having the legal capacity to do so;
• they have read the full text hereof and the information relating to the main characteristics of the products to be ordered;
• the data they have provided for the execution of the contract with the Company are true and correct.
The following circumstances are considered force majeure: wars, lockouts, riots, strikes, coups, natural disasters and, more generally, all circumstances recognised by Italian case-law as such on the ground of their unpredictable, uncontrollable and external nature. 
The Company shall not be liable for failure to perform any of its contractual obligations to the extent that such failure is due to force majeure, and that the force majeure event could not be reasonably foreseen, avoided or overcome.
The Company has the right to terminate this contract by giving a simple notice to the Customer with adequate and justified reasons, in which case the Customer shall only be entitled to the refund of any amount previously incurred and paid.
Goods are sold by the Company on a retention-of-title basis. As a result, until invoices are paid in full, the Company shall retain full title to and ownership of them. If any of the clauses of this contract is contrary to the provisions of the applicable laws or regulations, said clause will be considered as non-existent, without prejudice to the validity of the other provisions hereof.
Pursuant to the provisions of Legislative Decree no. 196 of 30 June 2003 (Personal Data Protection Code, hereinafter the “Privacy Code”), the Company hereby provides its Customers with the following information:
1. Their supplied data are processed in order to fulfil all requirements associated with the Company’s business; in particular, data are included in the Company’s database for anything related to the performance of this sales contract. To this end, the data collected may be disclosed to the designated carriers and banks.
2. The above data shall be processed on paper and/or in electronic form. 
3. The supply of personal data – such as given name(s), family name, address, telephone number and email address – is required in order for the Company to be able to offer the services requested by the Customer, and any refusal to provide such data could lead to failure to perform or a partial performance of said services by the Company. 
4. With the acceptance of these General Sales Terms and Conditions, Customers also give their consent to receive commercial information exclusively from the Company. 
5. The data controller is DIESEL LEVANTE S.r.l., S.S.96 KM.116 – 70026 MODUGNO (BA) –
tel. no. +39-080/5357615 - fax no. +39-080/5357579 – website www.dieselevante.eu – email info@dieselevante.it, a capital of € 56,810 fully paid up, registered with the Bari Civil Court under no. 23983 and with the Bari Chamber of Commerce under no. 284235 – VAT no. 03933890729 
6. At any time, Customers may exercise their rights towards the data controller, pursuant to art. 7 of the Privacy Code (formerly art. 13 of Law no. 675/1996). In particular, Customers may request to be informed of the existence of data processing operations that may concern them; obtain without delay the disclosure in an intelligible form of such data and their origin, and the erasure, anonymisation or blocking of any data processed in breach of the law; obtain the updating, rectification or integration of data; obtain certification that the above operations have been brought to the attention of those to whom the data were disclosed, unless this requirement proves impossible or involves a use of means that is manifestly disproportionate to the protected right; or oppose for legitimate reasons the full or partial processing of personal data concerning them, even if it relates to the purpose of collection, as well as the processing of personal data for the delivery of advertising materials, direct selling, market surveys or commercial communications.
These General Sales Terms and Conditions are governed by Italian law. Any disputes relating to these General Sales Terms and Conditions and/or their application, implementation or interpretation shall exclusively be referred to the Courts of BARI.