GENERAL PRODUCT SALES CONDITIONS
EXTERNAL BUYERS (CONSUMERS)
The products presented within the online Catalogues (henceforth, “Products”) which are published on the e-commerce sites, www.newholland.com/juventuscollection
Centro Distribuzione Articoli da Regalo S.p.A.
(henceforth, "C.D.A.R.")
registered office in Via Aosta 1, 24040 Ciserano Zingonia (BG), Italy
Tax Identification and VAT no. 02246890160
Registration within the Registry of Companies under no. 45860 -
Chamber of Commerce no. 274255
e-mail: newhollandstore@antalispromotion.it
CNH Italia S.p.A. and New Holland Kobelco Construction Machinery S.p.A. - companies part of
the CNH Group ( henceforth, "CNH") and owners of proprietary interests and licence for the following
trademarks 
and 
(henceforth, "Trademarks") - authorise C.D.A.R. to run an e-commerce system intended to sell only items linked to these Trademarks.
In order to sell those items, C.D.A.R. could not act in behalf of CNH towards the buyers ("Customers"). Therefore, C.D.A.R. is the only responsible to the Customers. There is not any type of responsibility on CNH part.
The sales contract may be stipulated in the following languages: The sales contract may be stipulated in the following languages: Italian, English, French, German, and Spanish, Portuguese, Danish, Dutch and Polish.
1. APPLICATION OF THE GENERAL SALES CONDITIONS
These General Sales Conditions (henceforth, "General Conditions") are applicable to all sales
contracts which are stipulated by means of the online procedure found on the Site, as long as the buying party is a consumer, i.e. a party which acquires the Products for purposes that are
not related to his/her professional activities (henceforth, the "Customer").
Product purchase terms and conditions are regulated by these General Sales Conditions which must be accepted by the Customer and which are integral part of every product purchase proposal and order (henceforth, the "Contract").
These General Conditions are also drafted in compliance with the provisions of Legislative Decree 206/2005 (henceforth, "Code of Consumption").
The application of other potential contractual terms is excluded, even if these are not explicitly unacknowledged by C.D.A.R.
Before implementing the purchase, it is recommended that the Customer should carefully read these General Conditions; the Customer is authorized to memorize, reproduce, copy and/or print them.
For any additional information, the Customer should contact C.D.A.R. at the following email
address: newhollandstore@antalispromotion.it
2. DESCRIPTION AND CHARACTERISTICS OF THE SERVICE RELATIVE TO
THE SALE OF PRODUCTS
The service relative to the online sale of Products through the Site includes the registration, the selection of Products, the online transmission of the purchase order and the potential online acceptance of the latter, in compliance with Articles 50 to 61 of the Code of Consumption.
2.1 Registration
In order to activate the service, the Customer must register by following the registration procedure; this procedure also requires the acceptance of these General Conditions that rule the contract of supplying product. The Customer must also give his/her permission to personal data processing.
In order to register, the Customer must enter an email address as username and will receive a password. The Customer is required to preserve the password with maximum diligence and
commits to not allowing third parties that are not explicitly authorized by the Customer him/herself to use this password. The Customer assumes full responsibility for the online behaviour of any authorized third parties.
In the case of loss or theft of the password, the Customer may acquire a new password by activating the password issue procedure that is found on the Site.
2.2. Access
Access to the sales service is exclusively reserved for registered Customers and only occurs after entering a username and a password in the relative section (log-in).
2.3. Purchase order
A Customer which intends to acquire a Product must follow the ordering procedure that is found on the Site; this procedure also requires that the Customer specifies Product code, Product description and quantity as well as the address and name of the delivery recipient. The ordering procedure found within the Site also includes the possibility of identifying and correcting any data entry errors before forwarding the purchase order.
The purchase order which is sent to the Customer constitutes a binding contractual proposal for the Customer, in accordance with Article 1326 of the Italian Civil Code; as a result, it may be neither modified nor revoked.
A confirmation of the order will be sent by C.D.A.R to the e-mail address indicated during the registration. This e-mail is for merely informational purposes - in accordance with Article 13 of the Italian government decree 70/2003 issued under parliamentary delegation - and it does not constitute an acceptance of the order by C.D.A.R.
2.4. Acceptance of the purchase order and effectiveness of the sales contract
C.D.A.R. reserves the unquestionable right to accept or reject the purchase order that is forwarded by the Customer. The order will be confirmed by e-mail. C.D.A.R. undertake to consider the Customer's order within 30days from the day after the transmission of the purchase order, except for what indicated here below. The order will be accepted only if the required Products are available. If the Product is not available and/or if the order is not accepted, C.D.A.R. will inform the Customer immediately and it will refund the Customer if the Customer already paid. In this last case, the Customer will not receive any other compensation or indemnity.
2.5. Modalities for storing the sales contract
The sales contract will be stored/saved within the Site in the relative section (Sales Conditions); the Customer may access this section at any time by following the visualization procedure on the Site.
3. PRODUCT CHARACTERISTICS
The Products are shown on the online Catalogue so as to convey, as far as possible, the
characteristics of the Products, given that C.D.A.R. does not guarantee an exact correspondence between the images and colours of the Products that are displayed on the Customer's monitor and their actual characteristics.
Information on the Products shown on the online Catalogue-such as technical
characteristics and other information such as size, compatibility or colours-are not binding and may be subject to change at any time, given that the Customer may exercise his/her rights of withdrawal-in accordance with Article 7 below-if this information was deemed misleading.
The Products shown on the online Catalogue may be purchased to the point of availability of stock, given that C.D.A.R. reserves the right, at any time, to make certain Products unavailable or to modify their features.
C.D.A.R. also reserves the right to update-at any time and without any form of advance notice- the online Catalogue, eliminating certain Products and/or adding others.
4. PRODUCT PRICES
Product prices are those outlined in the Price List which is published on the Site on the date of transmission of the order by the Customer but before the order is transmitted.
The Product prices which are published on the Site are in Euro and include any
packages and/or standard packaging; they also include VAT in the case of EU Member States, the Principality of Monaco and the Isle of Man. The VAT rate is determined in relation to the type of Product.
The Product prices which are published on the Site do not include the following:
a) delivery costs (i.e. shipping costs) which will depend on the weight and location of delivery
b) potential Product customization costs (where allowed)
c) costs for any potential packages and/or packing (where allowed).
All the costs above (delivery, customization and special packages/packaging)-which are not included in the Product prices that are published on the Site-will be specified separately in the purchase order summary described in Article 2.3 and will be confirmed in the purchase order acceptance email that is sent by C.D.A.R., as described in Article 2.4.
In addition and with regards to deliveries implemented in Other Nations or to Campione d'Italia, Livigno, Channel Islands and the Canary Islands, the Product prices which are published on the site, www.newholland.com/juventuscollection , do not include the following:
a) potential sales taxes and/or duties
b) potential customs taxes and/or charges
c) any other potential tax and/or charge that is applicable at the time of delivery of any ordered Products.
The Customer will be liable for the payment of all customs taxes and charges that are applicable in the country of delivery of any ordered Products. Any and all charges or costs relative to the customs clearance of the delivered Products will be exclusively charged to the delivery recipient.
For any information relative to the amounts of customs taxes and charges or the customs clearance procedures that are applied in Other Nations or to Campione d'Italia, Livigno, Channel Islands and the Canary Islands, the Customer should contact the Customs offices of competence (www.agenziadogane.it/index.html).
Given the above, C.D.A.R. reserves the right, at any time, to modify the Price List as well as any other potential discount published on the Site.
5. PAYMENT
C.D.A.R. will issue an invoice on the date of delivery of the Products.
Payment of the ordered Product prices must be implemented in advance of the delivery and must be exclusively implemented with Visa and MasterCard credit cards (online).
5.1. Payment by credit card
Payment with Visa, MasterCard and American Express credit cards must be implemented online and fully completed at the time of transmission of the purchase order. As a result, the Customer will be requested to supply the details of his/her credit card within the purchase order; debiting will be forwarded only when the Order is complete.
The Customer's credit card data which are sent during the course of the transmission of the purchase order are accessible to neither C.D.A.R. nor CNH Italia S.p.A, nor New Holland Kobelco Construction Machinery S.p.A., nor third parties; these data are received on secure servers owned by Banca Sella (which are protected against unauthorized access).
The latter manages credit card payments on behalf of C.D.A.R.
C.D.A.R. will proceed with preparing and dispatching the purchase order once it receives
confirmation of the payment, in compliance with Article 6.
6. DELIVERY
In accordance with Article 54 of the Code of Consumption, the Products which are available in the warehouse of C.D.A.R. will, typically, be delivered:
(a) in Italy: within 15 (fifteen) working days from the date of receipt of the payment on the part of C.D.A.R.;
(b) in EU Member States other than Italy and in Other Countries: within 20 (twenty) working days from the date of receipt of the payment on the part of C.D.A.R.;
The delivery will be implemented from Monday to Friday during office hours (9 am to 6 pm).
The Products will be delivered-by means of a forwarding agent selected by C.D.A.R. and
with adequate packaging and/or wrapping-to the address specified by the Customer. Delivery deadlines indicated by C.D.A.R. refer to the products available at C.D.A.R. warehouses and they should be considered non-binding for C.D.A.R., that could modify or confirm these deadlines according to its needs.
The Products will be delivered-by means of a forwarding agent that is selected by C.D.A.R. and with adequate packaging and/or wrapping-to the address which is specified by the Customer at the time of transmission of the purchase order.
At the time of receipt of the Products, the recipient must immediately verify whether the Products correspond to the ordered Products, even in terms of their number, given that-in the case of non-compliance of the delivered Products with respect to the ordered Products-the Customer may exercise the withdrawal rights pursuant to Art. 8 below. Transportation expenses-noted in the summary relative to Article 2.4 and specified in the invoice-will be calculated as a function of the weight of the goods, or on the basis of the weight/volume ratio and the delivery location of the Products, in accordance with the tables reported below.
For deliveries in Italy, S. Marino and the Vatican City:
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DELIVERY RATES FOR ITALY:
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0 to 1 kg
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€ 6.00
|
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1.01 to 10 kg
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€ 9.60
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10.01 to 30 kg
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€ 12.00
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30.01 to 50 kg
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€ 27.60
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50.01 to 100 kg
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€ 48.00
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each additional 10 kg
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€ 9.60
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Customs costs for San Marino, Vatican City State, Campione d'Italia and Livigno Euro 12.40
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Weight to volume ratio 1 to 300 (1 m3 = 300 kg)
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For deliveries in other European countries - EU and non-EU - and for Intercontinental deliveries:
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DELIVERY RATES OUTSIDE ITALY:
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ZONE
WEIGHT
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ZONE 1
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ZONE 2
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ZONE 3
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ZONE 4
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ZONE 10+
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ZONE 5
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ZONES 6 - 7 - 8
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EUROPE
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EASTERN EUROPE
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REST OF WORLD
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0 to 30 kg
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0 - 2 kg
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19.20 €
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19.20 €
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19.20 €
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50.40 €
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44.40 €
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34.00 €
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50.00 €
|
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2.01 - 5 kg
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34.80 €
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34.80 €
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34.80 €
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60.00 €
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60.00 €
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55.00 €
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79.00 €
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5.01 - 30 kg
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43.20 €
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48.00 €
|
50.40 €
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66.00 €
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66.00 €
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BY SPECIFIC QUOTE
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30.01 to 100 kg
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87.60 €
|
96.00 €
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96.00 €
|
100.80€
|
100.80€
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BY SPECIFIC QUOTE
|
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each additional 50 kg
|
50.40 €
|
50.40 €
|
50.40 €
|
50.40 €
|
50.40 €
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BY SPECIFIC QUOTE
|
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Customs costs for countries outside the European Union and areas not covered by the Intrastat system Euro 10.33
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Weight to volume ratio 1 to 200 (1 m3 = 200 kg)
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Sub-division by country of destination
(*) Countries belonging to the European Union or areas covered by Intrastat
Zone 1: Austria*, France*, Germany*, Liechtenstein, Monaco (Princ. of)*, Switzerland;
Zone 2: Belgium*, Channel Islands, Luxembourg*, Netherlands*, United Kingdom*;
Zone 3: Denmark*, Finland*, Greece*, Ireland*, Balearic Islands*, Canary Islands, Norway, Portugal*, Spain*, Sweden*, Turkey;
Zone 4: Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia, Bulgaria*, Croatia, Georgia, Gibraltar, Iceland, Kazakhstan, Kyrgyzstan, Macedonia, Moldavia, Montenegro, Romania*, Russia, Serbia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan;
Zone 10+ (new European countries): Cyprus*, Estonia*, Latvia*, Lithuania*, Malta*, Poland*, Czech Republic*, Slovakia*, Slovenia*, Hungary*;
Zone 5: Canada, United States;
Zone 6: Argentina, Australia, Bolivia, Brazil, South Korea, Costa Rica, United Arab Emirates, Philippines, Japan, Greenland, Hong Kong, Kuwait, Mexico, New Zealand, Singapore, South Africa, Taiwan, Thailand, Venezuela;
Zone 7: Saudi Arabia, Belize, Chile, China, Colombia, North Korea, Cuba, Dominica, Ecuador, Egypt, El Salvador, Guatemala, French Guinea, Guyana, Honduras, India, Indonesia, Israel, Kenya, Macao, Malaysia, Morocco, Nigeria, Oman, Panama, Paraguay, Peru, Qatar, Dominican Republic, Syria, Surinam, Uruguay;
Zone 8: Afghanistan, Algeria, Angola, Anguilla, Antigua & Barbuda, Netherlands Antilles, Aruba, Bahamas, Bahrain, Bangladesh, Barbados, Benin, Bermuda, Bhutan, Botswana, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Chad, Congo, Congo (Democratic Rep. of ), Côte d'Ivoire , Djibouti, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Jamaica, Jordan, Grenada, Guadeloupe, Guam, Guinea, Guinea Bissau, Equatorial Guinea, Haiti, Iran, Iraq, Reunion Island, Marshall Island, Niue Island, Norfolk Island, Cabo Verde Islands, Cayman Islands, Comoro Islands, Cook Islands, Fiji Islands, Maldive Islands, North Marianne Islands, Palau Islands, Solomon Islands, Virgin Islands, Kiribati, Laos, Lesotho, Lebanon, Liberia, Libya, Madagascar, Malathi, Mali, Mayotte, Micronesia, Mongolia, Montserrat, Mozambique, Myanmar, Namibia, Nauru, Nepal, Nevis, Nicaragua, Niger, New Caledonia, Pakistan, Papua New Guinea, Porto Rico, Central African Republic, Rwanda, American Samoa, Western Samoa, Sao Tome, Senegal, Seychelles, Sierra Leone, Somalia, Sri Lanka, St. Kitts, St. Lucia, St. Vincent, Sudan, Swaziland, Tahiti, Tanzania, Togo, Tonga, Trinidad & Tobago, Tunisia, Turks & Caicos, Tuvalu, Uganda, Vanuatu, Vietnam, North Yemen, South Yemen, Zambia, Zimbabwe.
7. WITHDRAWAL RIGHTS
In accordance with Article 5 of the Decree Law n.185/99, the Customer may withdraw
from the sales contract within a deadline of 10 (ten) working days as of the date of receipt of the acquired Products.
In order to exercise this withdrawal right, the Customer must send a communication notice to
C.D.A.R. by fax or telegram so long as communication by the latter media is confirmed within 48 hours by means of a registered letter with receipt of return.
Communication of the withdrawal must be sent to the following address:
Centro Distribuzione Articoli da Regalo S.p.A., Ciserano Zingonia (BG), Via Aosta, 1.
The Customer must always specify the purchase order number and the identification code of the Products within the withdrawal communication notice.
The Customer must return-at its own expenses and time, to the address reported above - the acquired Products in their entirety (including the original package) within and no later than 10 (ten) working days from the date of receipt of the acquired Products. For the sole purposes of the abovementioned deadline of 10 (ten) working days, the Products will be considered returned at the time in which they are delivered to the forwarding agent or the receiving postal office.
The withdrawal is applicable to the acquired Product in its entirety and may therefore not be
exercised in relation to a part of the Product (for e.g., accessories, cables, manuals, etc..). In
addition, if the Product is composed of various Products (a kit or set of Products), the withdrawal is applicable to the whole kit or set of Products and may not be exercised in relation to only certain Products that compose the whole kit or set.
The withdrawal is not applicable to customized Products and Products delivered abroad.
The withdrawal is not applicable to audiovisual or software Products that are sealed if the Customer has opened the seal.
In all of the above cases, the withdrawal will not be considered legitimately and validly exercised by the Customer and, as a result, C.D.A.R. will return the Product to the Customer at risk and expense of the latter.
If the withdrawn Products come out to have been damaged during the shipping back to C.D.A.R., C.D.A.R. will inform the Customer about the damaging during the shipping within the second working day from the arrival of the Products. All this is to enable the Customer to inform the forwarder and to stick up for his/her rights towards the forwarder. At the same time, C.D.A.R. will send back the Products damaged during the shipping to the Customer, risks and transport costs charged to the Customer.
If the Customer exercises the withdrawal rights in accordance with the disposals of Legislative Decree no.185/99, C.D.A.R. will refund the amount paid by the Customer. The refunding is free of charge and it will be given in the shortest possible time and, in any case, within 30 days from the date when the C.D.A.R. was informed that the Customer would exercise his/her withdrawal rights.
8. GUARANTEE
8.1. Legal guarantee
In accordance with Articles 128 to 135 of the Code of Consumption, C.D.A.R. guarantees that the Products which are acquired online are free from defects and comply with the sales contract.
The guarantee of the Products is given from the Manufacturer according to the enforceable regulations.
In the case that the Customer notes a compliance defect in the acquired Products, he/she must notify C.D.A.R. of this compliance defect immediately or as prescribed by law. This communication notice must be addressed by means of a registered letter with receipt of return to C.D.A.R. via Aosta 1, 24040 Ciserano Zingonia BG Italy.
If the Customer does not complain, the Products should be considered as accepted when they are delivered.
The abovementioned guarantee that is granted by C.D.A.R. will be forfeited by the Customer in the case that:
- the defect of the Product is due to lack of care or improper use or an accident;
- the defect of the Product is due to normal wear and tear, oxidation or atmospheric agents;
- the Customer-at the time of stipulation of the sales contract-was aware of the defect of the Product or could be reasonably aware of the defect with ordinary due diligence;
- the Product was disassembled, tampered with, modified and/or repaired.
8.2. Manufacturer's Warranty
In addition to the legal guarantee pursuant to Article 8.1, certain Products may include a
commercial warranty from the manufacturer (warranty) which may be potentially included within the packaging of the Product; this warranty will be applicable for the duration-and subject to the terms and conditions-that are written on the warranty certificate.
9. LIABILITY FROM THE PRODUCTS
Given its role as a retailer, C.D.A.R. is liable for any damages which are caused by the Products, in accordance with Articles 114 to 127 of the Code of Consumption, given that C.D.A.R. may indemnify itself from any liability by specifying the name of the manufacturer.
10. POST-SALES SERVICE
A Customer which has not received the ordered Products (delivery of wrong or damaged products, missing items, etc.), or who was not satisfied of the performed services or who simply desires to acquire information on the Products, may contact the Customer Service of C.D.A.R. at the following email address: newhollandstore@antalispromotion.it
For this purpose, the Customer must always provide the purchase order number and the
identification code of the Products.
11. PRIVACY
In compliance with Article 13 of Legislative Decree no. 193 of 2003 (Code for the Protection of
Personal Data), C.D.A.R. hereby declares that the handling of any data provided by the Customer during the registration phase of this Web Site is solely implemented for the purposes of providing the services specified on the site itself as well as selling the Products and providing an informational service. In the case that these data are not provided, the specified activities may not be successfully completed.
C.D.A.R. commits to acquiring personal data in compliance with currently effective norms relative to the protection of personal data and entrusting the handling of these data-again in compliance with currently effective norms-to CNH Italia SpA and New Holland Kobelco Construction Machinery S.p.A. They will make these data available for C.D.A.R., in accordance with norms relative to the protection of personal data, in order to implement the abovementioned activities; C.D.A.R. will acquire responsibility for these data.
The owners of the personal data handling rights are CNH Italia SpA and New Holland Kobelco Construction Machinery S.p.A., represented by the party delegated by its Board of Directors.
The personal data handling manager is C.D.A.R., represented by the pro-tempore legal
representative who is domiciled at the following address for the purposes of his/her office: Centro Distribuzione Articoli da Regalo S.p.A., Via Aosta 1, 24040 Ciserano-Zingonia (BG), Italy.
With regards to the handling of personal data, the Customer may directly and at any time exercise the rights pursuant to Article 7 of Legislative Decree no. 193 of 2003 (henceforth, the "Code for the Protection of Personal Data") which is hereby fully referenced.
12. RIGHT TO ACCESS PERSONAL DATA AND OTHER RIGHTS
The Customer retains the right to obtain a confirmation relative to the existence or non-existence of any personal data relating to him/her, even if not yet registered, in addition to having these data communicated in an intelligible manner.
The Customer retains the right to obtain information relative to:
a) the origin of the personal data;
b) handling objectives and modalities;
c) the logic that is applied in the case of handling by means of electronic instruments;
d) the identification details of the party owning the handling rights as well as of the data handling manager and the representative which is appointed in accordance with Article 5, paragraph 2, of the Code for the Protection of Personal Data;
e) the parties or categories of parties to whom the personal data may be communicated or which may enter into contact with these data when acting as an appointed representative within the national territory or as a manager or as entrusted parties.
The Customer retains the right to obtain:
a) the updating, adjustment or, if desired, the integration of the data;
b) the cancellation, transformation into anonymous form or the blocking of personal data which is handled in violation of the law, including any data for which storage/saving is not required in relation to the objectives for which it was collected and subsequently handled;
c) a certification that the parties which have received these data during communications or
distribution are aware of the operations described in letters a) and b), including the content of these operations, with the exception of the case in which this fulfilment is impossible or requires the utilization of means that are significantly out of proportion with respect to the protected right.
The Customer retains the right to partially or completely oppose:
a) any handling of relevant personal data for legitimate reasons, even if relevant to the objective of the data collection;
b) any handling of relevant personal data which is implemented for purposes of sending advertising materials or for direct sales or market research or marketing communications.
13. GENERAL PROVISIONS
13.1. Potential toleration, even for repeated cases, of violations or contractual defaults may
not serve as precedents nor invalidate any unapplied clauses nor any other clauses of these General Conditions.
13.2. In the case that any of the clauses of these General Conditions loses effectiveness or
validity on a future date, it is hereby agreed that the clause will be interpreted in a manner so as to maintain some form of validity, even if reduced with respect to the initial scope, and in any case in the sense that it may have some effect. In any case, the ineffectiveness or invalidity of a clause within these General Conditions will not affect the validity of these General Conditions in terms of the other clauses or their overall effectiveness.
14. APPLICABLE LAW AND COURT HAVING JURISDICTION
14.1. Applicable Law
These General Conditions, as well as the sales contracts that are stipulated by means of the online procedure-are regulated by Italian law, with the exception of any potentially inalienable rights of the Customer which are guaranteed to the latter by the regulations that are in force in his/her country of residence.
The application of the 1980 Vienna Convention relative to international sales is explicitly excluded.
14.2. Court having jurisdiction
For all disputes relative to these General Conditions and/or sales contracts that are stipulated by means of the online procedure, the following courts will retain exclusive jurisdiction:
- in the case of a Customer with a residence or domicile within the Italian territory: the Court
having jurisdiction in the location of residence or domicile of the Customer, given that the
Customer retains the right to summon C.D.A.R. within the Courts of Bergamo
- in the case of a Customer with a residence or domicile within the territory of an EU Member
State (other than the Italian Republic): the Court having jurisdiction in the location of
residence or domicile of the Customer, given that the Customer retains the right to summon
C.D.A.R. within the Courts of Bergamo
- in the case of a Customer with a residence or domicile in Other Countries: the Courts of
Bergamo, given the application of any potentially binding regulations that are established in
favour of the Customer him(her)self in relation to jurisdiction.
New Holland Kobelco Construction Machinery S.p.A.
share capital: € 80.025.291 i.v.
Company Registered in Turin, Tax no. and VAT Reg. no. 05173800011. Turin REA no. 689260
CNH Italia S.p.A.
Viale delle Nazioni, 55 41100 Modena - Italy
share capital: € 15.600.000
Company Registered in Turin, Cod ISO, Tax no. and VAT Reg. no: 00370290363