General Terms and Conditions for TCCT eClassic Italy Srl, Milano
The words and expressions mentioned in these General Terms and Conditions (hereinafter also “T&C”) have the meaning set out in the text and in the definitions below.
For the purposes of this agreement, hereinafter the definitions of:
- “Consumer”: any individual that acts for purposes unrelated to business, commercial, artisanal or professional activity eventually performed in compliance to the Italian Legislative Decree of 6 September 2005, n. 206 (so called “Consumer Code“);
- Sale and Purchase Agreement: the purchase agreement of the Simulator that recalls, includes and is subject to these T&C;
- User Manual: the digital form manual that is provided together with the Simulator, which includes the indications for the functioning of the product, the security instructions for its proper use and for the regular maintenance of the hardware. The User Manual is only available in digital form, in Italian and in English and can be accessed on any informatics device;
- Installation Service: the service provided by the Seller to the Buyer which includes the transport and the delivery of the Simulator; its installation at a ground level floor with no stairs, unpaved pathways, or other obstacles to lift or move the simulator over (the delivery and installation location should be considered fit for the delivery of a real car without requiring additional equipment such as for example cranes, or forklifts); the installation of the software and a functional testing and the explanatory briefing for the correct use of the Simulator by the Buyer, also for security purposes.
- “Simulator“: the car simulator TCCT eClassic S.r.l. (including all hardware and software provided by TCCT eClassic S.r.l. and/or its licensees) as set out in the Sale and Purchase Agreement, provided together with the User Manual and a welcome kit;
2. General Conditions
The definitions indicated in Article 1 are an integral part of these T&C.
The T&C govern the terms and conditions of sale between TCCT eClassic Italy Srl, (tax code and VAT number 11093070966), with headquarters in (20121) Milan, Corso Venezia n. 3 (hereinafter referred to as the “Seller“) and the Client (hereinafter also the “Buyer“) with reference to the sale and purchase of the Simulator.
The Buyer may have the status of “commercial client” or Consumer. Some of the provisions contained in these T&C exclusively apply to one of the two mentioned categories, as set out in the relevant Articles. The sale of the Simulator shall be governed by the Sale and Purchase Agreement and by these T&C therein included, that must be accepted and signed by the Buyer.
Along with the sale of the Simulator, The eClassic Club Trust reg with tax code 2664564 and registered office in Pflugstrasse 10 Vaduz, Liechtenstein, offers to the Buyer an additional service club membership (“eClassic Club membership”) to which separate general terms and conditions apply.
The Seller makes no representations as to the duration of the eClassic App, membership and/or the eClassic Club Service and reserves the right to suspend, limit or terminate the eClassic App, membership and/or the eClassic Club Service. In the event of discontinuation of the eClassic App and/or eClassic Club Service, the Buyer will be informed of successor solutions available.
This service is included in the purchase price of a simulator for the first 3 (three) years.
These T&C do not apply to the purchase of the so-called “financed packages”, namely the joint sale of products, content and additional services, together combined with financial solutions based on a consumer credit basis. Specific general terms and conditions apply to the purchase of “financed packages”. In the event that payment option chosen implies a financed solution, the user commits to comply with the financing terms and conditions provided by the financial partner(s) of the Seller, separately provided for the approval.
3. Conclusion of the Purchase Contract
By signing the Sale and Purchase Agreement and these T&C, the Buyer confirms being of legal age, the possession of the necessary legal capacity in order to conclude similar negotiating operations, and to have read, understood and accepted these T&C.
4. Price and method of payment
The prices for the purchase of the Simulators, as set out in the Sale and Purchase Agreement, includes delivery and installation fees, with the exclusion of VAT, if applicable, and other taxes, duties or tax burdens eventually applicable to the Sale and Purchase Agreement.
The delivery and installation fees are charged to the Buyer in the event of deliveries or installations to be performed out of the territory of the Italian Republic (not including any islands such as for example Sicily or Sardinia), Switzerland, San Marino Republic and the State of Vatican City. In these cases, the above mentioned fees will be separately calculated and communicated to the Buyer along with the signing of the Sale and Purchase Agreement.
Standard delivery and installation to the definitive site inside the building is included in the purchase price if the Simulator is installed at ground floor level, with no stairs, unpaved pathways, or other obstacles to lift or move the simulator over. The delivery and installation location of the Simulator should be considered fit for the delivery of a real car without requiring additional equipment such as for example cranes, or forklifts.
The delivery and/or installation fees of the Simulator shall be charged to the Buyer if the conditions as set out in article 10 below are not met.
In such cases, delivery and/or installation fees will be separately calculated on an individual basis and communicated to the Buyer along with the signing of the Sale and Purchase Agreement.
The price of the Simulator also includes a remote maintenance of the software, which allows the Seller and the third parties authorized by the latter to access the Simulator and perform remote interventions of ordinary maintenance while the Simulator is turned on.
The ordinary maintenance of the hardware is excluded from the price. The relevant cost shall be calculated separately and entirely borne by the Buyer when the maintenance is necessary, with the possibility of the Buyer to include in the Sale and Purchase Agreement this additional service.
The payment of the price must be made, alternatively, by wire transfer, credit card or other authorized method of payment (e.g. PayPal or WorldPay).
The 50% of the purchase price must be paid along with the signing of the Sale and Purchase Agreement, while the remaining 50% not later than the expected delivery date, essential term pursuant to Article 1457 of the Italian Civil Code.
Alternatively, the payment can be made by financing, only in the cases explicitly agreed and set out in the Sale and Purchase Agreement, in accordance to Article 2. Different payment methods shall be separately agreed between the Seller and the Buyer and expressly confirmed in writing in the Sale and Purchase Agreement.
5. Suitability of the Simulator’s location
The Buyer undertakes to adopt all the necessary measures in order to ensure that the location where the Simulator must be assembled and installed is suitable and safe for its functioning, also taking into account its dimension and specific weight.
The Buyer declares to be aware that for the functioning of the Simulator is required a power supply (220 V / 50 Hz) and a stable wired internet connection of at least equal to 30 mBit/sec of download speed is required.
Due to the electronic and IT components , the Simulator shall be installed only in interior spaces, with an average level of humidity suitable for living spaces (between 25% and 50%) and an environmental temperature never lower than +10°C and higher than +30°C.
At the Buyer’s request, the Seller shall perform a virtual and/or in-person on-site inspection, relying on employees or third parties experts appointed by the Seller, in order to verify the suitability of the location (hereinafter also the “Inspection“). A virtual first level inspection will be offered free of charge, whereas the cost of an in-person on-site inspection shall be borne by the Buyer and must be agreed individually in the Sale and Purchase Agreement.
6. Termination of the Sale and Purchase Agreement and consequences
Shall the Buyer fails to pay the price with the methods and terms as set out in Article 4 above, the Sale and Purchase Agreement terminates due to Buyer’s misconduct pursuant to Articles 1456 and 1457 of the Italian Civil Code.
7. Penalty clause for non-fulfilment of payment of the price and effects
The Buyer agrees that, in the event of failure to pay the price with the methods and in the terms as set out in Article 4 above, 50% of the price shall be retained as penalty pursuant to Article 1382 of the Italian Civil Code, without prejudice of compensation for any further damage.
In the event that the Buyer has already paid 50% of the price, the Seller may directly retain such amount as penalty, considering that this amount is proportionate to the costs incurred for the realization of the Simulator.
Each Simulator includes software, hardware and multimedia contents that might be property of the Seller or provided by third parties licensees.
The Buyer undertakes to not modify, copy, redistribute or attempt to decrypt any software (neither proprietary software of the Seller nor software supplied under license of use), hardware and multimedia contents of the Simulator.
9. Usage only by suitable people
The Simulator can be used only by people of legal age, with suitable psychophysical conditions. More specifically, the use of the Simulator is denied to people affected by physical and mental impairments; under the effect of alcohol or drugs; in state of pregnancy or affected by illnesses such as epilepsy, claustrophobia, kinetosis, heart disease or motor disorders.
Before using the Simulator, it is mandatory to carefully read the User Manual and to comply with the instructions therein included.
When using the simulator, it is also necessary to follow the safety instructions displayed on the monitor.
10. Delivery, Transport and Installation
The delivery condition, unless otherwise communicated by the Seller, is “Delivered at Place (DAP)” (Incoterms 2020). The Simulator shall be considered delivered once the Buyer has accepted the delivery in the location set out in the Sale and Purchase Agreement.
In case the exact date of delivery is not specified in the Sale and Purchase Agreement, the delivery shall be completed within a reasonable time from the date of conclusion of the Sale and Purchase Agreement, generally within 5 months, except in cases of force majeure.
The Buyer could request a variation to the delivery date stated in the Sale and Purchase Agreement not later than a week before the expected delivery date. If the request for the variation of the delivery date is submitted to the Seller after the aforementioned deadline, the Buyer shall reimburse the transport costs already incurred by the Seller. In addition, the Buyer shall pay at the sole discretion of the Seller, the amount of Euro 1’000.– for each week of postponement of the delivery date as lump-sum compensation for the warehouse costs, pursuant to Article 1382 of the Italian Civil Code, without prejudice for further damages.
The Seller, at its sole discretion and under its responsibility, may rely on third parties in order to provide the Buyer with the delivery service and/or installation service, and/or other eventual services covered by the Sale and Purchase Agreement.
The delivery and installation service fees, as described in article 4. above, are only included in the simulator purchase price if a standard set of conditions at the delivery and installation location are met. Said conditions are as follows:
10.1 In case of extreme weather conditions, a more delivery-friendly date may be jointly defined between seller and buyer.
10.2 The delivery vehicle can be parked outside of the installation location, no more than roughly 10 meters away, on a flat and paved surface. The surface should be at least 7m x 6m in dimension to allow for a lateral unloading of the simulator.
10.3 The simulator can be rolled inside the installation site on a paved and flat surface without having to overcome obstacles such as grass, gravel, stones, steps, bumps, holes or excessive slopes and slope variations.
10.4 Any doors through which the simulator must be rolled should be at least 1.5 meters wide. Any corridors should be at least 2 meters wide.
10.5 In case the installation is not located on a ground level, an elevator of minimum dimensions 3m x 2m with a door width of 1.5 meters must be available.
11. Data Protection
Confidential data of the Buyer will be collected for quality control and maintenance management purposes.
12. Warranty and after-sales service for the Consumer
The warranty is effective for a period of 2 (two) years from the delivery date of the Simulator. For used Simulator (not refurbished) the warranty is effective for a period of 1 (one) year from the delivery date.
The Consumer forfeits his warranty right if he fails to report to the Seller of the Simulator the defect of conformity within the period of 2 (two) months from the date on which he discovered it.
In case of defect of conformity, the Consumer has the right to the restoration of the conformity of the Simulator by means of repair or replacement free of charge pursuant to paragraphs 3, 4, 5 and 6 of the Article 130 of the Consumer Code. Alternatively, the Consumer has the right to obtain a reduction of the price or the termination of the Sale and Purchase Agreement, only restricted to the cases pursuant to paragraphs 7, 8 and 9 of Article 139 of the Consumer Code.
If the Buyer intends to change the location of the Simulator, a new installation will be required. This aforementioned intervention must be agreed with the Seller and performed by the Seller or by a third party appointed by the latter.
The cost of the service must be agreed with the Buyer and shall be borne by the latter. The displacement of the Simulator without prior agreement with the Seller forfeits the warranty right of the Buyer.
In case of commercial use of the Simulator the Buyer forfeits any warranty under the Consumer Code. “Commercial use” means use of the Simulator in spaces accessible to the public, rental or resale of the Simulator.
In the event the Buyer or third parties not authorized by the Seller shall modify or attempt to modify the Simulator (hardware or software) and/or dislocate it outdoor or in a place not complying with Article 5, the Buyer immediately forfeits warranty right on the Simulator.
13. Warranty and after-sales service for buyer that do not qualify as Consumer
By way of partial derogation from Articles 1490 et seg. of the Italian Civil Code, the Sellers guarantee that the sold products are free from defects (making the product unsuitable for their intended use or determining a significant decrease in their value) is strictly limited to the replacement of the functioning of the Simulator by means of the substitution, free of charge, of defective parts. This provision apply unless the Seller, at its sole discretion, deems it more appropriate to replace the Simulator.
The Buyer expressly waives the right to demand, at its sole discretion, the termination of the agreement or the reduction of the price.
The warranty for the Simulators is 1 (one) years from the delivery date. The Buyer forfeits the warranty right if he fails to report to the Seller the defects within 8 (eight) days from their detection pursuant to Article 1495 of the Italian Civil Code. The Seller offers the Buyer a warranty extension for an additional period of 12 (twelve) months from the delivery date of the Simulator, only limited to the supply of replacement components of the Simulator. Labor and transport costs shall be borne exclusively by the Buyer. The warranty for the Simulator components subject to wear are expressly excluded.
Any intervention on the Simulator by the Buyer itself or by third parties not authorized by the Seller and/or the dislocation of the Simulator in an outdoor space, or in locations not complying with Article 5 above immediately forfeits the warranty right of the Buyer on the Simulator.
The eventual intervention under warranty will be performed by the Seller exclusively in the Italian territory, Switzerland, San Marino Republic and the Vatican City.
Nevertheless, the Seller declares and guarantees that intervention on the Simulator can also be performed outside the mentioned above, reserving the right to charge the Buyer with the intervention costs.
The Buyer forfeits its warranty right in case of faults or damages to the Simulator caused by an improper use and/or maintenance, in breach of the provisions enclosed in the User Manual and the Sale and Purchase Agreement.
If the installation and/or the maintenance of the Simulator is performed by the Buyer itself or by third parties not authorized by the Seller, the latter shall not be liable for the eventual faults arising from an incorrect installation of the Simulator or an installation non-compliant with provisions of the User Manual.
Whenever the Buyer requests a service intervention that is not justified by a real issue in the functioning of the Simulator or by lack of conformity attributable to the Seller, the latter reserves its right to charge the cost of the request for service intervention to the Buyer, also during the course of the warranty period.
14. Liability of the Seller
The Seller ensures that the Simulators complies with all the safety standards requested by the laws, provisions and regulations in force in Italy and in the European Union.
15. Liability exclusion of the Seller
The Seller shall not be liable for the damages caused to things and/or people following the installation and or maintenance performed by the Buyer or third parties not authorized by the Seller in breach of what provided by the User Manual.
The Seller shall not be liable for the damages caused to things and/or people following the use of the Simulator in breach with what provided by the User Manual and/or the use of the Simulator by unsuitable people as identified in the aforementioned Article 9.
16. The Buyer’s obligations
The Buyer, under its sole responsibility, commits to verify in advance the suitability of its personal state of health in order to use the Simulator, as well as to verify that the Simulator is used only by suitable people, as identified in the mentioned above Article 9.
The Buyer commits to carefully read the User Manual and to ensure that everyone that uses the Simulator complies with the User Manual and the instructions received at the Simulator’s installation. In this regard, the Buyer declares to be aware that, as a result of the movement and visual stimulation caused by the high speed simulation, different individual reactions may occur depending on physical conditions of each individual, such as dizziness or kinetosis, but also an higher release of the stress hormones and, consequently, an increased heart rate. Normally these symptoms are temporary body and central nervous system adaptations, that might occur in the initial phase of use of the Simulator, which tend to alleviate with the progressive use of it. The Buyer commits, under its sole responsibility, to observe and ensure that other third parties that use the Simulator observe the reactions of their body in relation to the Simulator’s use and to interrupt, if necessary, the use.
17. Termination right of the Consumer.
The Buyer has the right to terminate the Sale and Purchase Agreement within 14 (fourteen) working days from the date of delivery of the Simulator or from the date when he or a third party, different from the transport company and chosen by the Buyer, takes physical possession of the Simulator.
In the event of a purchase order for a personalized Simulator, the termination right pursuant to Articles from 52 to 58 of the Consumer Code is not enforceable by the Consumer according to Article 59, letter c) of the Consumer Code.
In order to exercise the termination right, the buyer must inform the seller of the decision to terminate the agreement by means of an explicit declaration of its final decision to terminate the Sale and Purchase Agreement (e.g. a letter sent by post, fax or e-mail). In order to be entitled to terminate the Sale and Purchase Agreement, the Buyer is required to submit the notification of its intention to terminate the contract within the indicated term. If the Buyer decides to terminate the Sale and Purchase Agreement, all the amounts paid to the Seller, including transport costs (except for the additional costs deriving from the fact that the Buyer has chosen a type of delivery different from the standard more economic one offered by the Seller), shall be refunded to the Buyer without delay and in any case no later than 14 (fourteen) days from the day when the Seller has been informed of the decision of the Buyer to terminate the Sale and Purchase Agreement. The Seller shall use the same payment method used by the Buyer in the initial transaction, unless the Buyer has not expressed a different preference. Under no circumstances, the Buyer shall bear any cost because of the refund. The Seller might suspend the refund until he has received the Simulator or the proof of transport of the Simulator from the Buyer, based on which of the two occurs before.
The Buyer is obliged to make the Simulator available to the Seller or to a third party authorized by the latter without delay and, in any case, no later than 14 (fourteen) days from the date when he communicated its intention to terminate the Sale and Purchase Agreement to the Seller.
The direct cost related to the returning of the Simulator is borne by the Buyer. In case of dispute on this point, the costs are intended to be approximately equivalent to the delivery costs incurred by the Seller.
18. Applicable law. Exclusive jurisdiction.
The Sale and Purchase Agreement is exclusively regulated by the Italian law.
The applicability of the Vienna Convention of 1980 on the international sale contracts of movable property is expressly excluded.
If the Buyer qualifies as a Consumer or user pursuant to Article 3, paragraph 1, letter a) of the Legislative Decree 6 September 2005, n. 206 and following (so called Consumer Code), all disputes between the Buyer and the Seller concerning the validity, interpretation, execution and resolution of the Sale and Purchase Agreement are exclusive jurisdiction of the place of residence or domicile of the Consumer, if located on the Italian State territory.
If the Buyer does not qualify as a Consumer or user under the Consumer Code, or qualify as Consumer but not resident or domiciled on the Italian State territory, all disputes between the Buyer and the Seller concerning the validity, interpretation, execution and resolution of the Sale and Purchase Agreement are exclusive jurisdiction of the Court of Milan.
For any information and/or complaint, the Buyer may send an e-mail to the following email address: firstname.lastname@example.org or contact the telephone number of the Seller: +390294758785. Alternatively, the Buyer may send a communication via post to the following address: TCCT eClassic Italy Srl, headquarters in (20121) Milan, Corso Venezia, 3, ITALIA.