1. General provisions

1. These General Terms of Use and Sale (hereafter, "Terms of Sale") govern access to and use of the www.ags-parts.com website and the corresponding mobile application (hereafter, "AGS Parts"), both owned by AGS Corporation Ltd, Company No. 08778135, email: info@agsparts.com.

2. Products and services distributed through AGS Parts.

1. AGS Parts is an online sales platform (hereafter, "Platform") of products (hereafter, "Products") and/or services (hereafter, "Services"), which allows the purchase, collection and shipping of any Product to and from any point in the city, ensuring fast times and insured goods and connecting businesses, couriers and end users (hereafter, "Users").
2. AGS Parts therefore functions as a marketplace, i.e. a showcase of Products and Services on a mobile platform, through which Users can view the list of Products and Services of each business that uses AGS Parts for their marketing and sale, or choose a Product or Service to purchase in relation to the proximity of the store.
3. AGS Parts also offers a standalone express delivery service (hereafter "Delivery Express"), ensuring delivery within three hours of the relevant request.

3. Scope of these General Terms of Use and Sale

1. The offer and sale of the Products and Services through AGS Parts constitute a distance contract governed by Art. 45 and ss. del d.lgs. 6 September 2005, n. 206 ("Consumer Code") and legislative decree 70 of 9 April 2003, containing the regulation of electronic commerce. These General Terms of Sale apply to all distance contracts concluded with AGS Parts through the site or APP.
2. The Terms and Conditions can be changed at any time. Any changes and/or new conditions will be in effect from the moment of their publication on the platform in the section "General Conditions of Use and Sale" with indication of the version and date of update. Users are therefore invited to regularly access the Platform and to consult, before making any purchase or shipping order, the most up-to-date version of the General Conditions. The applicable General Conditions are those in force on the date of sending the order and are available in English.
3. These Terms and Conditions govern the sale of Products and Services put in place, through the Platform, both by AGS Parts and by sellers authorized to do so; for each Product or Service will always be expressly indicated whether the seller is AGS Parts, or another subject authorized by the same. For the purposes of these General Terms and Conditions, we will refer to both of them later as "Seller".
4. These Terms and Conditions do not, however, govern the sale of products by subjects other than AGS Parts or by subjects authorized to do so, whether they are present on the platform through links, banners or other hyperlinks. Before making commercial transactions with such subjects it is necessary to verify their conditions of sale. AGS Parts is not responsible for the provision of services and/or the sale of products by such parties. On the websites available through these links, AGS Parts does not carry out any checks and/or monitoring. AGS Parts is therefore not responsible for the content of such sites, nor for any errors and/or omissions and/or violations of the law by them.
5. You are required to read carefully these Terms of General, which AGS Parts makes available to you in the "General Terms of Use and Sale" section of the site and the APP and which it is allowed to store and reproduce, as well as any other information AGS Parts provides to you through the site or app, both before and during the purchase process.

4. Purchases through the Platform

1.The purchase of the Products and/or Services through the Platform is allowed both to users who have the quality of consumers, as defined by art. 3, paragraph 1,(a) of the Consumer Code ("the natural person acting for purposes unrelated to the entrepreneurial, commercial, craft or professional activity that may be carried out") (hereafter , "Consumer"), both to users who do not represent that quality, subject to the creation of a personal account. Natural persons are allowed to purchase only on condition that they have reached the age of eighteen. In order to verify the existence of the minimum age required by law, the Seller may request the tax code or an identification document. If the tax code shows that the user (in the following, "User") is under 18 years of age, he will be inhibited from continuing the purchase process and forwarding the relevant order. In any case, if, for any reason, even of a technical nature, the purchase order is still sent, it will be immediately resolved in accordance with and for the effects referred to in art. 1456 c.c., pending his opposition to the current legislation. You will be promptly informed by e-mail of the cancellation of the order and, if the payment has already been made, the Seller will refund the total amount paid, consisting of the purchase price of the Product or Service, the shipping costs, if applied, and any other additional costs, as indicated in the order summary made, with the methods and timing indicated in relation to the specific payment method used, unless the child has kept quiet or falsified his age.

2. The Seller reserves the right to refuse or cancel orders that come from (i) a User with whom it has legal litigation in progress; (ii) a User who has previously violated these General Terms of Sale and/or the terms and/or conditions of the purchase agreement; (iii) a User who has been involved in fraud of any kind and, in particular, in credit card payment fraud; (iv) Users who have released false, incomplete or otherwise inaccurate identification data or who have not promptly sent the seller the documents requested by the Seller as part of the payment procedure or who have sent invalid documents.

5. Access to the Platform - General Conditions of Use

1. Creating a AGS Parts personal profile (below, "Profile") is free. It can be done by registering on the site, that is, in the event that the User has downloaded the application for mobile devices, through the APP, and acceptance of these General Conditions.

2. To create a Profile by registration, the User must fill out online the appropriate form/form that will indicate mandatory and optional data, entering name, surname, address, telephone number, an e-mail address, or an identifier (in the following, "ID") and an alphanumeric code (in the following, "Password") (in the following, jointly, "Credentials") and click on the "Register" button. Your Credentials are strictly confidential, so you agree not to disclose your account data and not to make it accessible to third parties.

3. The User undertakes to preserve the confidentiality of the Credentials attributed to him, with due care and diligence, remaining solely responsible for any undue use of credentials by third parties. You also undertake to take all necessary precautions to ensure that your Password remains secure and confidential and to immediately inform AGS Parts, by e-mail communication to the address info@agsparts.com, in the event that you suspect or become aware of undue use or undue disclosure of the same.

4. By registering for the Platform, the e-mail address provided by the User is automatically entered in the newsletter service managed by AGS Parts, for the sending of commercial communications on products and services, special offers, promotions and news, coupons, as well as for carrying out market research. You may withdraw from the aforementioned newsletter service at any time, changing the settings of your Profile in the "Settings" section. By registering, as well as using the services provided by AGS Parts, through the site or APP, you declare that you have read and expressly accepted these General Conditions, as well as the Privacy Policy and cookie policy.

5. You warrant that the identity and legal capacity data provided to AGS Parts in the Platform registration forms are truthful, accurate and complete. In addition, you are committed to keeping your data up to date. In the event that you provide false, inaccurate or incomplete data, or if AGS Parts believes that there are reasonable grounds to doubt the veracity, accuracy and integrity of the same, AGS Parts may deny you access to and use, present and/or future, of the Platform and/or any of its contents and/or services.

6. The creation of a Profile allows you who intend to proceed with the purchase of Products or Services through the Platform, to carry out directly through it, among other things, the following activities of:
a. saving and modifying your personal data;

b. access to all information relating to orders and returns;

c. verification of the status of the order; d. management of their personal data and updating of the same at any time;

e. use of dedicated services that can be activated from time to time;

f. change of consent to the processing of your personal data for the sending by AGS Parts of thematic newsletters, marketing and profiling; g. entering reviews and/or comments on the Products and Services;

7. In the event that the User has already registered with the APP and has, therefore, already created his own personal profile, he can access the services offered by the Platform by entering in the log-in form the authentication credentials of the Profile already in his possession.

8. It is forbidden to use the Platform: (i) in such a way as to cause, or can cause, interruptions, damage and/or malfunctions to the Platform and its features, (ii) for purposes not permitted by law, or otherwise to commit illegal activities, or (iii) to cause disturbance, injury or apprehension to any third party. AGS Parts reserves the right to prevent access to the Platform and/or services offered by it, to suspend or close a Profile, to remove or modify the contents of the Platform, in the event of a violation of the provisions of applicable laws, these General Conditions or policies.

9. The User may cancel his registration to the Platform at any time, communicating it to the info@agsparts.com email or following the instructions contained within the "Your account" section.

6. Intellectual property

1. AGS Parts is the owner or licensee of all intellectual and industrial property rights included in the Platform, as well as content accessible through it. The intellectual property rights of the Platform, as well as texts, images, graphic design, navigation structure, information and content present in the same are the property of AGS Parts or its content providers and are protected by Italian law and international laws on copyright and database rights. AGS Parts holds the exclusive right to exploit these rights in any form and, in particular, reproduction, distribution, public communication and processing rights.

2. The authorization granted to you to access the Platform does not imply the renunciation, transfer, license or transfer, in whole or in part, of intellectual or industrial property rights by AGS Parts. It is not allowed to delete, circumvent or manipulate the contents of the AGS Parts Platform in any way. It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, email, transmit, use, process or distribute in any way, in whole or in part, the content included in the AGS Parts Platform for public or commercial purposes, without the prior explicit and written permission of AGS Parts or, where appropriate, the holder of the corresponding rights. Services and features accessible through the Platform may be protected by one or more AGS Parts ownership patents, or of which AGS Parts is licensed. For detailed information regarding the Intellectual and/or Industrial Property Rights of the Platform, you may contact AGS Parts at the contact details referred to in the "Help and Contacts" section of the relevant website.

3. You may post reviews and/or comments, provided that the content thereof is not unlawful, i.e. obscene, intimidating, defamatory, does not infringe the privacy, intellectual and/or industrial property rights of AGS Parts and/or third parties, or is otherwise offensive to AGS Parts and/or third parties or deplorable, and is not or otherwise does not contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming. In any case, the User will be solely responsible for the contents of the same inserted in the Platform.

4. It is forbidden to use an e-mail address that is not your property, to use the personal data and credentials of another User in order to appropriate your identity, or otherwise to declare the false on the origin of other content. If you believe that content posted on the Platform contains a defamatory statement or constitutes a violation of your own or a third-party right, you must report it to AGS Parts at the email address info@ags-parts.com. AGS Parts, while not adopting systems for prior verification of the contents of the Platform, reserves the right in any case to remove and/or modify any content deemed not to comply with the provisions of these General Conditions.

5. By entering content on the Platform, you grant AGS Parts and its successors, without prejudice to any other indication, the non-exclusive, free, transferable right to third parties to use, reproduce, modify, adapt, publish, translate, process, distribute and/or display such content in every part of the world through any form of communication until the natural expiry of any intellectual and/or industrial property rights inherent in them, without prejudice to any moral rights due to you. You agree that these rights granted are irrevocable for the entire duration of the intellectual and/or industrial property rights associated with such content and materials. You agree to put in place all further activities necessary to refine each of the above rights granted to AGS Parts, including, on request, the signing of specific releases, acts and/or documents.

6. You declare and warrant that you have exclusive ownership or in any case the availability of all rights relating to any content published by you. Without prejudice to cases where any liability is attributable to AGS Part’s failure to remove unlawful content as a result of receiving a specific communication pursuant to paragraph 4 of this article, you undertake to maintain and keep AGS Parts free from any injury arising from, or otherwise connected with, the content provided by the same.

7. Activities of third parties. 1. Subjects other than AGS Parts may offer services through the Platform, via links or banners available while browsing. AGS Parts is not responsible for the control and/or evaluation of these traders or subjects or the content of their sites, nor does it offer guarantees on their sales proposals. Therefore, AGS Parts cannot in any way be held responsible for the actions, products and contents of all these subjects or any third party and warns Users that, those who decide to insert a link to third-party sites, as well as those who decide to visit a linked site, do so in total autonomy, thus assuming any consequent responsibility, as well as the burden of adopting any caution against viruses or other destructive elements.

8. Responsibility of AGS Parts.

1. If, due to service interruptions not dependent on AGS Parts, access to the Platform is interrupted, transmission errors occur, or access to services is occasionally suspended or restricted to allow repair work, maintenance, or the introduction of new activities or services, AGS Parts cannot be held liable for:
(i) losses that are not a consequence of the violation of these General Conditions, or
(ii) for any loss of business opportunity, or
(iii) for any other direct and/or indirect or subsequent loss that was not reasonably foreseeable, or otherwise directly attributable to AGS Part’s shares and/or omissions.2. AGS Parts cannot be held liable for any delay or failure to comply with the obligations under these Terms of General, if the delay or non-compliance results from chance or force majeure.
3. In any case, in the event of any anomaly or difficulty in accessing the Platform, the User may inform AGS Parts at the email address info@agsparts.com and AGS Parts will provide, in the shortest possible time, the assistance necessary for the resolution of the reported problem.
4. To the extent permitted by law, AGS Parts disclaims all liability in the event that the delivered product does not comply with the legislation of the country of delivery other than Italy. AGS Parts will also not be liable for non-material differences between the goods purchased and their illustrative images and photographic or text descriptions published on the Site.5. With the exception of cases of gross negligence or misconduct, AGS Parts will only be liable for any direct and foreseeable damages at the time of conclusion of the sales contract. AGS Parts, therefore, will not be liable for any losses incurred, loss of earnings or any other damage that is not an immediate and direct consequence of its default or that was not foreseeable at the time of conclusion of the sales contract. In addition, AGS Parts is not responsible in any way for the fulfilment of obligations against third parties, on which any commercial guarantee in relation to the Products and Services for sale on the Site will be directly affected.

9. Conclusion and effectiveness of the purchase contract

1. In accordance with legislative decree. April 9, 2003, n. 70 in the field of e-commerce, AGS Parts informs the User that:

a) the purchase contract between the Seller and the User, through the Platform (in the following, "Purchase Agreement") ends by the exact filling out of the request form /or an order in electronic format (in the following "Order") and consent to the purchase manifested through the compilation of the form /form at the time of loading the "Cart" and the subsequent submission of the form/ form itself, through the function to proceed with the payment, once the related data have been entered, always after viewing a web page summarization of the order, printable, in which they are reported: the details of the User who made the purchase through the Platform or the APP (in the following , "Buyer") and the Order, the price of the Product and/or Service purchased, the shipping costs and any additional ancillary charges, the methods and terms of payment, the address where the Product will be delivered, the timing of delivery and the existence of the right of withdrawal and its methods of operation by the Buyer. With the sending of the Order, these General Conditions are considered accepted;

b) before proceeding to the transmission of the Order, the Buyer may identify and correct any errors in the entry of the data, following the relevant instructions, or modify the Order. After the transmission of the Order, the Buyer can still modify it, without any charge of costs, until, in the appropriate area / section called "My orders" it will not be highlighted that the Order is no longer modifiable, as it is taken over, done in any case except for the right of withdrawal;

c) once the Order has been registered, the Seller will send to the Buyer, to the e-mail address indicated by the same, the confirmation of the Order containing: a summary of the general and particular conditions applicable to the Purchase Agreement, information relating to the essential characteristics of the Product and/or Service purchased, the detailed indication of the price, the means of payment used, the delivery costs and any additional costs, delivery times, as well as information on the right of withdrawal.

d) the Order will be stored in the KFI database as a platform manager , for as long as necessary for the execution of the same and, in any case, in the terms of the law; the essential elements of the Order will be reported in the confirmation notice of the same; the Buyer will also be able to access his Order, consulting the section "My orders" of the Platform;

e) the language available to Users for the conclusion of the contract is English. Customer Support is able to communicate with users in the same language.

10. Product Availability.

1. The Products and Services offered by the Seller through the Platform are those illustrated in the relevant catalog in the AGS Parts Platform at the time of placing the Order by the Buyer.
2. Within each catalogue there will be information regarding the availability of each Product or Service. The availability of the Products is continuously monitored and updated. However, since the Platform can be visited by multiple users at the same time, it may happen that multiple users purchase, at the same time, the same Product. In such cases, the Product may be available for a short period of time, being exhausted or not immediately available, since it is also necessary to wait for the replenishment.
3. If the Product is no longer available for the reasons indicated above, or in other cases of unavailability of the Product, without prejudice to the rights attributed to the Buyer by law, AGS Parts will immediately notify the Buyer by e-mail communication. The Buyer will therefore be entitled to terminate the Purchase Agreement immediately, except for the right to compensation for the damage, pursuant to and for the effects of the provisions of art. 61, IV and V paragraph, of the Consumer Code.
4. Alternatively and without prejudice to this right, the Buyer may accept one of the seller's following proposals: (a) if a replenishment of the Product or Service is possible, a delay in the terms of delivery or supply, with indication by the Seller of the new deadline for delivery of the Product or supply of the requested Service; (b) where it is not possible to replenish the Product, the supply of a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and subject to express acceptance by the Buyer. The Buyer must promptly notify the Seller of their choice.
5. In the event that the Buyer avails the right of resolution referred to in art. 61, IV and V paragraph, Consumer Code, and the payment of the total amount due, consisting of the price of the Product, the delivery costs, if applied, and any other additional costs, as resulting from the order, have already taken place, the Seller will make the refund of the price without undue delay and, in any case, within 15 working days from the sending of the Order, with the same payment method used for the purchase. The amount of the refund will be communicated to the Buyer by e-mail.
6. In the case of orders involving a plurality of Products and/or Services (hereafter, "Multiple Order"), if the unavailability concerns only some of the Products or Services subject to the Multiple Order – without prejudice to the rights attributed to the Buyer by current legislation and without prejudice to the application of the above provided in case of unavailability of a Product and /or Service, if the unavailability concerns all the Products and /or Services subject to the Order – the Seller will immediately notify the Buyer by e-mail. The Buyer will, therefore, be entitled to terminate the Purchase Agreement immediately, limited to the Product(s) and/or the Service(s) that have become unavailable, except for the right to compensation for the damage, pursuant to and for the effects of the provisions of art. 61, IV and V paragraph, of the Consumer Code. Even in the case of Multiple Order, the provisions referred to in paragraphs 4 and 5 of this Article will apply.

11. Information about Products and Services.

1. The Seller, together with AGS Parts, undertakes to fill in/prepare, for each Product and Service offered for sale, an information sheet explaining its main characteristics ("Product Sheet"). The images and descriptions on the Platform reproduce as faithfully as possible the characteristics of the proposed Products and Services. Such images must therefore be understood as indicative and with tolerances of use. For the purposes of the Purchase Agreement, the description of the Product contained in the order form transmitted by the Buyer will be authentic.

12. Prices

1. All prices of the Products and Services published in the Platform are expressed in Euro and are considered to include value added tax and, where applicable, the WEEE contribution and constitute an offer to the public ex art. 1336 c.c. The price charged to the Buyer will be the one indicated on the Platform at the time of placing the Order and the Seller will not take into account any changes (increasing or decreasing) following the transmission of the same, except in cases where the prices indicated on the Platform with reference to a given Product or Service are disproportionately incompatible with the normal market prices of that Product or Service, due to obvious material errors.
2. The shipping costs and any ancillary charges (e.g. customs clearance), if present, although not included in the Purchase Price, will be indicated and calculated in the purchase procedure before the submission of the Order by the Buyer and also contained on the web page summarizing the order placed.

13. Payment method

Any payment by the Buyer will be made by credit card by digital transaction by means of a special online payment management service (hereafter, "Gateway"), used to manage all transactions that will be made through the Platform.
2. The Seller authorizes the Gateway not to credit the Sale Price for the period of 15 days from the delivery of the Product. If one of the following events does not occur within the aforementioned time limit:
i) opening of a complaint procedure by the Buyer for delay or non-delivery;
ii) exercise of the right of withdrawal by the Buyer;
iii) any other event or circumstance from which, under applicable law, these General Conditions, the Purchase Agreement concluded as a result of the order, the right to a refund, in whole or in part, in favor of the Buyer, or to the payment of a sum by the Seller, the Gateway will charge the Buyer the Sale Price.
3. The Seller undertakes to issue a regular receipt and/or invoice to the Buyer by delivering it together with the goods sold in paper form or by electronic sending by e-mail to the Buyer's address.

14. Delivery of products

1. The Seller undertakes to deliver the Products in the terms, at the places and in the manner indicated in the Purchase Agreement. The deadline for delivery of the Product to the Buyer starts from the acceptance by the Seller of the purchase order. The delivery of the Product to the Buyer shall be deemed to have been completed when the latter, or a third party designated by him and other than the carrier responsible for the delivery of the Product, acquires physical possession of the Product.

2. The shipping times, depending on the delivery method chosen by the Buyer, may vary from the same day of the order to a maximum of 1 working day from the confirmation of the same. In the event that the Seller is unable to make the shipment within this deadline, AGS Parts will promptly inform the Buyer, who will therefore be entitled to terminate the Purchase Agreement immediately, except for the right to compensation for the damage, pursuant to and for the effects of the provisions of art. 61, IV and V paragraph, of the Consumer Code.

3. In any case, the Seller undertakes to indicate through the Platform, in relation to each Product or Service offer, the processing times of the order and/or shipment, necessary for the calculation of the delivery period to be indicated in the Purchase Agreement.

4. If it is necessary to refund the delivery costs with reference to Multiple Orders, the Seller will refund the entire cost of the shipping costs only in the event that the withdrawal or resolution concerns all the Products referred to in the Multiple Order. In the event that the withdrawal or termination concerns only certain Products referred to in the Multiple Order, the refund will be proportional in relation to the cost of each Product. In any case, the amount of shipping costs to be returned may never exceed that actually paid by the Buyer.

5. The Buyer acknowledges that the withdrawal of the Product is his precise obligation deriving from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order, the Buyer will be charged the shipping costs in proportion to the journey made by the carrier. The Buyer will have the right to request a second shipment and, in the event that the second delivery attempt also goes unladen, the package will be deposited "in stock" at the store of origin, or a "stop point", or other point of indicated to the Carrier, which AGS Parts will communicate to the Buyer by e-mail communication or APP. The Buyer is required to collect the Product within the time limit indicated in the inventory communication. In both cases, after the days of storage, the Product will be returned and, in the event that the Buyer does not respond to the Seller's communication within 15 days, the Purchase Agreement will be automatically terminated, pursuant to and for the effects referred to in art. 1456 c.c. In this case, the Seller will refund the buyer the price of the product, if already paid. It will be credited to the same means of payment used by the Buyer for the purchase, if the Buyer has made the payment by credit card or PayPal.

6. Any customs or import charges may be charged with reference to the State of destination of the Product, at the time the Product reaches that State. These costs shall be borne by the addressee. Neither the Seller nor AGS Parts as the platform manager has any control over such expenses that may vary significantly from country to country. For more information, the Buyer is invited to inquire with the customs authorities of the country of destination.

7. It is up to the Buyer to verify the condition of the Product that has been delivered to him. It being understood that the risk of loss or damage of the Products, due not attributable to the Seller, is transferred to the Buyer, when the Buyer, or a third party designated by the same and other than the carrier, physically takes possession of the Purchased Products, the Buyer is recommended to verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials (adhesive tape or metal ties) and is invited, in his interest, to indicate on the carrier's transport document any anomalies, accepting the package subject to reservation. The unreserved receipt of the Products, in fact, does not allow the Buyer to take legal action against the carrier, in the event of loss or damage of the Products, except in the event that the loss or damage is due to malicious misconduct or gross negligence of the carrier itself and except for the partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported just known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, it is also recommended that the Buyer promptly communicate it to customer support. In any case, the application of the rules on the right of withdrawal, and the legal guarantee of conformity referred to in the following Articles of Procedure, remains firm. The Commission can support The Commission's 15, 16 and 17.

8. In the event that the Purchased Product is an electrical and electronic equipment, the Buyer has the possibility to dispose of the Used Product WEEE (Waste electrical and electronic equipment) at the local ecological islands or collection points. Products for which, in compliance with the provisions of Legislative Decree no. 49 of 14 March 2014, at the time of supply of a new electrical and electronic equipment intended for a household, the equipment used is collected free of charge, one-on-one, provided that the same is equivalent, are indicated in the Product Sheet. To use this service, the Buyer must request it from AGS Parts via chat or email at the time of conclusion of the Order.

9. The provision of the WEEE service ("WEEE Service") will take place in the following ways:

i) the Buyer will be contacted by AGS Parts Customer Support within 2 days of your request to check if the product for which the WEEE Service has been requested corresponds to the type of new Product purchased through the Platform and, if so, agree on the terms of collection. The Buyer acknowledges that, in the event that the product for which he has requested the WEEE Service does not correspond to the type of new Product purchased through the Platform, the WEEE service will not be provided;

ii) if the mismatch between the product for which the Buyer has requested the WEEE Service and the New Product purchased through the Platform should emerge during collection, the WEEE Service will not be provided;

iii) in the event that the user exercises the right of withdrawal in relation to the New Product purchased through the Requested WEEE Platform and Service has not yet been provided, the service will not be provided;

iv) in the event that the Buyer exercises the right of withdrawal in relation to the New Product purchased through the Platform and the WEEE Service has already been provided , the cost of disposal will not be charged to you.

Art. 15 – Right of withdrawal

1. As this is a B2B agreement and parts are tailored to the request, special withdrawal requirements are set for each different part, so at the moment of buying for avoiding any delay or issue with the part received the buyer is requested to require information about withdrawal possibility for that specific part and in case of necessity we can be contacted at any time to check the part enters in the process of withdrawal. For the parts accepted in the procedure for withdrawal the following procedure applies: The Withdrawal Maximum Period expires 14 days later:

a) in the case of an order relating to only one Product, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the Product;

b) in the case of a Multiple Order with separate deliveries, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last Product; or

c) in the case of an order relating to the delivery of a Product consisting of batches or multiple pieces, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last lot or piece.

2. In order to exercise the right of withdrawal, the Buyer must inform the Seller, before the expiry of the Withdrawal Period, of his decision to withdraw. To this end, the Buyer may:

a) use the standard withdrawal form made available to him through the Platform ("Standard Withdrawal Form") and reported at the bottom of the order confirmation; or

b) submit any other explicit statement of your decision to withdraw from the contract ("Declaration of Withdrawal"), following the Withdrawal Instructions, available on the site.

3. The Buyer has exercised his right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. In the event that the Buyer avails the Declaration of Withdrawal, the consumer is invited to indicate in the Declaration of Withdrawal the number of the order, the Product(s) for which he intends to exercise the right of withdrawal and his address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the Buyer, it is in the buyer's interest to use a means of transmission that ensures proof and the date of receipt of the communication (i.e. by registered letter with acknowledgement of receipt) when notifying the Seller of his withdrawal. The Type Withdrawal Form or the Withdrawal Declaration must be sent to the address indicated by the Seller on the web page summarizing the order referred to in art. 4.1 above.

4. The Buyer must return the Products to the Seller, using a carrier of his choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he informed the Seller of his decision to withdraw. The deadline is met if the Buyer sends the Products back before the expiry of the fourteen-day period. The Product, properly packed, must be at the address indicated by the Seller on the web page / e-mail communication of summary of the order referred to in art. 9.1 above.

5. The direct costs of returning the Products to the Seller are borne by the Buyer. In the case of goods that by their nature cannot normally be returned by post, the Buyer may contact Customer Support to know the method and cost of returning these Products through a specific carrier, together with the indication of that carrier. In any case, the return of the Product to the Seller takes place under the responsibility and at the expense of the Buyer.

6. In the event of withdrawal, the Seller will refund the total amount paid by the Buyer for the Product, including delivery costs, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the Buyer's decision to withdraw from the Purchase Agreement. The refund will be made using the same means of payment used by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise. In any case, the Buyer will not incur any costs as a result of such reimbursement.

7. The refund may be suspended until receipt of the Product(s) or until the Buyer has demonstrated that he has sent the Product(s) back, if previous. In the case of partial withdrawal from Multiple Orders, the quantification of the delivery costs to be returned to the User as a result of the exercise of the right of withdrawal will be carried out proportionally in relation to the cost of each Product.

8. The Buyer is solely responsible for the decrease in the value of the goods resulting from a manipulation of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must however be guarded, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with labels where present, still attached to the Product, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. The withdrawal is also applied to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

9. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle you to any refund. The Seller will communicate this to the Buyer within 5 (five) working days from receipt of the Product, rejecting the withdrawal request. The Product will remain at the Seller's disposal for collection, which must take place at the expense and under the responsibility of the Buyer himself.10. In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a manipulation of the asset other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to that decrease in value. Of the circumstance and the consequent decreased refund amount, the Seller will communicate to the user within 5 (five) working days from receipt of the Product, providing the same, in the event that the refund has already been paid, bank details for the payment of the amount due by the User due to the decrease in the value of the Product.

Art. 16 – Exceptions to the right of withdrawal.

1. The Right of Withdrawal shall be excluded in the case of:
- service contracts after the full provision of the service, if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal as a result of the full performance of the contract;
- supply of custom-made or clearly customized goods;- supply of goods that are likely to deteriorate or expire rapidly;
- supply of sealed goods that do not lend themselves to being returned for hygienic or hygienic reasons or related to health protection and have been opened after delivery;
- supply of goods which, after delivery, are, by their nature, inextricably mixed with other goods;
- supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract of sale, the delivery of which can take place only after thirty days and whose actual value depends on fluctuations on the market which cannot be controlled by AGS Parts;
- contracts in which the consumer has specifically requested a visit by the professional for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the trader provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods;
- provision of sealed audio or video recordings or sealed computer software that have been opened after delivery;- provision of newspapers
- the provision of housing for non-residential purposes, the transport of goods, car rental services, catering services or leisure services where the contract provides for a specific date or period of execution;
- provision of digital content through a non-material medium if the execution began with the express agreement of the consumer and its acceptance that in that case it would have lost the right of withdrawal.
2. In the event that, using one of the above hypotheses, the right of withdrawal does not apply, the Seller must give specific and express notice in the Product Sheet and, in any case, during the purchase process, before the Buyer proceeds to transmit the order.

Art. 17 – Legal guarantee of conformity

1. All Products and Services offered by the Seller through the Platform are covered by the legal guarantee of conformity provided for in art. 128-135 of the Consumer Code ("Legal Guarantee"). The Legal Guarantee is reserved for Consumers. Those who have purchased through the Platform and who do not have the quality of consumers will be subject to the guarantees for the defects of the thing sold, the guarantee for lack of quality promised and essential and the other guarantees provided by the Civil Code with the related terms, forfeitures and limitations.
2. The Seller is responsible to the Consumer for any lack of conformity that exists at the time of delivery of the Product that manifests itself within two years of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within two months of the date on which it was discovered. Unless proven otherwise, it is assumed that conformity defects occurring within six months of delivery of the Product already existed on that date, unless such a hypothesis is incompatible with the nature of the good or the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the responsibility of the Consumer 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 Buyer must therefore first provide proof of the date of purchase and delivery of the Product. It is therefore appropriate that the Buyer, for the purposes of this test, retains the order confirmation or purchase invoice, or the transport document, or any other document that can attest to the date of making the purchase and the date of delivery of the Product.
3. There is a lack of conformity, when the Product or Service purchased:
a) is not suitable for use to which goods of the same type are habitually served;
b) does not conform to the description made by the Seller and does not possess the qualities of the goods that the Seller has presented to the consumer as a sample or model;
c) does not present the usual qualities and services of a good of the same type, that the Consumer can reasonably expect, also taking into account the statements made in advertising or labelling;
d) is not suitable for the particular use desired by the Consumer and that it was brought to the knowledge of the Seller at the time of conclusion of the contract and that the Seller has accepted.
4. Therefore, any failures or malfunctions caused by accidental events or the responsibility of the Buyer or by a use of the Product that does not conform to its intended use and/or to what is provided for in the technical documentation attached to the Product and/or, as the case may be, from what is indicated in the Product Sheet are excluded from the scope of the Legal Guarantee. 5. In the event of a lack of conformity duly reported in the terms, the Buyer is entitled:- to the free repair or replacement of the goods, at his choice, unless the remedy requested is objectively impossible or excessively burdensome compared to the other; - in the event that the repair or replacement is impossible or excessively onerous or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out have caused significant inconvenience to the Consumer, the reduction of the price or the termination of the Purchase Agreement, at his choice. 6. The remedy requested is excessively onerous if it imposes unreasonable expenses on the Seller in comparison with alternative remedies that can be experienced, taking into account:
i) the value that the good would have if there were no lack of conformity;
ii) the extent of the lack of conformity;
iii) the possibility that the alternative remedy can be experienced without significant inconvenience to the Consumer.
7. In the event that a Product purchased through the Platform, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the Buyer may contact AGS Parts Customer Support, as the platform's manager. AGS Parts will give timely feedback to the communication of the alleged lack of conformity and indicate to the User the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the defect reported.

Art. 18 – Applicable law and competent court.

1. The Purchase Agreement concluded through the Platform is governed by Italian law.
2. It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and ines demanding provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for the exercise of the right of withdrawal, the deadline for the return of the Products, in case of exercise of this right, the modalities and formalities of the communication of the same and the legal guarantee of conformity.
3. In the case of Consumer User, the forum of the place where you reside or have elected domicile is competent for any dispute relating to the application, execution and interpretation of these General Conditions.
4. You reside in a Member State of the European Union other than Italy, it may also, in respect of any dispute relating to the application, enforcement and interpretation of these General Conditions, access to the European procedure established for minor disputes, by Council Regulation (EC) No 861/2007 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 at www.eur-lex.europa.eu.
5. In accordance with Art. 141-sexies, paragraph 3 of legislative decree 6 September 2005, n. 206 (Consumer Code), the Seller informs the Consumer User, that, in the event that he has made a complaint directly to the Seller, however, as a result of which it has not been possible to resolve the dispute so arising, the Seller will provide information about the alternative dispute resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions (cc.dd. ADR bodies, as indicated in Articles 141-bis and SS. Consumer Code), specifying whether or not he intends to use these bodies to resolve the dispute. The Seller also informs the Consumer User that a European platform for the online resolution of consumer disputes has been established (so-called ODR platform). The ODR platform can be consulted at the following http://ec.europa.eu/consumers/odr/; through the ODR platform, the Consumer User can consult the list of ADR bodies, find the link to the site of each of them and initiate an online dispute resolution procedure in which he is involved. In any case, the right of the Consumer User to bring the dispute arising out of these General Conditions before the competent ordinary court, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, if the conditions are met, to promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

Art. 19 – Waiver

1. In the event of non-compliance with these General Terms of Sale put in place by the Buyer, the failure of the Seller, or AGS Parts as the Platform Manager, to act against the Buyer does not represent a waiver of this right by the Seller.