Terms & Conditions

SDF Store – B2C Terms and Conditions of Sale – Private Customer

1. Scope.

These General Terms and Conditions of Sale (hereinafter "TCS B2C - Private Customer") apply to purchases and sales of products (hereinafter "Products") supplied by Same Deutz-Fahr Italia S.p.A, having its registered office in Treviglio, Viale Francesco Cassani n. 15, tax code, VAT number and Registration Number with the Companies' Register of Bergamo 00778780163 - REA 171846, share capital of Euro 18,000,000.00 (hereinafter "SDFI" or "Seller"), which take place through the e-commerce website www.sdfstore.it (hereinafter the "SDF Store") towards users who qualify as "consumers" pursuant to Art. 3 paragraph 1 letter A) of Legislative Decree No. 206/2006 (Consumer Code) or the applicable EU legislation, i.e. who make purchases of Products exclusively for purposes unrelated to their entrepreneurial, commercial, craft or professional activity (hereinafter "User(s)" or "Consumer(s)").

By purchasing from the SDF Store, the User declares that he/she: is 18 years of age or older; is a resident of one of the states of the European Union; accesses the Site from one of the states of the European Union; is an individual acting for non-professional purposes and purchases the Product as a consumer.

In view of the foregoing, the Consumer is aware that he/she may make purchases of Products through the SDF Store pursuant to these TCS B2C - Private Customer exclusively for purposes unrelated to his/her business, trade, craft or profession. In such case the Consumer shall register as a private buyer (Private). Likewise, in case of resale from private to private of the products purchased through the SDF Store, the guarantees hereby provided by the TCS B2C - Private Customer will not apply.

In the event that for any reason the registration as private/consumer of a user qualifying as a professional takes place the present TCS B2C - Private Customer as well as the relevant industry legislation for consumer protection will not apply.

Seller and Consumer are hereinafter also referred to individually as “Party” or collectively as “Parties”.

2. Purpose of Purchase and Conditions for Registration at the SDF Store.

TCS B2C - Private Customer are only applicable to sales of Products made through the SDF Store between SDFI and Users who qualify as consumers in accordance with the aforementioned legislation, and are therefore subject to registration by the User at the SDF Store following the registration procedure indicated below:

(i)                 the Consumer by requesting registration to the SDF Store must qualify as an " Individual " and must declare and guarantee that he/she intends to conclude contracts for the purchase and sale of Products exclusively for purposes unrelated to his/her own entrepreneurial, commercial, handicraft and professional activity, and that he/she does not intend to resell the Products;

(ii)               without prejudice to the provisions of the previous paragraph and for the same purposes indicated above, the Consumer agrees that using the SDF Store, he/she will be allowed to transmit proposals for contracts of sale and purchase concerning up to a maximum of 10 (ten) units for each Product present and available on the SDF Store; the limit of 10 (ten) units shall be understood as referring to each contract proposal or to the set of contract proposals transmitted by the Consumer during the same week;

(iii)             the Consumer understands that in order to register on the SDF Store and make purchases through the SDF Store, the Consumer must be of legal age (18 years) and have the capacity to act, which requirements the Consumer declares to possess;

(iv)              the Consumer, following the request for registration pursuant to (i) above and upon successful verification by SDFI that the Consumer is a natural person who qualifies as a "consumer" and is of legal age, will receive confirmation of registration from the SDF Store and will be authorized by SDFI to create his or her own SDF Store account ("Account") and to access the SDF Store by logging in ("Log-in");

(v)                the Consumer also agrees that if the use of the SDF Store, once the registration has been made, takes place in a manner deemed by SDFI to be incompatible with the premises mentioned in the preceding points, the registration to the SDF Store may be revoked at any time by written notice, and SDFI shall in any case have the right to contest the absence of the conditions mentioned in the preceding points or to contest the breach by the Consumer of the representations, warranties and commitments related to the purposes of the purchase of the Products through the SDF Store and in any case to refuse to execute the contracts for the purchase and sale of the Products, without prejudice to the exercise of any further remedy against the Consumer.

3. Procedure for conclude the contract for the purchase of Products through SDF Store.

3.1 The publication on the SDF Store of the Products and their terms and conditions of sale does not constitute a contractual proposal or offer to the public, but merely an invitation addressed to the Consumer duly registered with the SDF Store to make a proposal to purchase Products through the SDF Store itself.

3.2 The proposal for the purchase of Products is transmitted by the Consumer through the SDF Store to SDFI as detailed in the following clause 4.5; by such transmission, the Consumer declares that he/she agrees that the purchase and sale contract is governed by these TCS B2C - Private Customer, which the Consumer declares that he/she has carefully read and expressly approved on the SDF Store in order to complete the procedure for the transmission of the proposal for the purchase and sale contract of Products.

3.3 Without prejudice to SDFI's right to unilaterally modify the TCS B2C - Private Customer at any time, the TCS B2C - Private Customer published on the SDF Store in the section terms and conditions of sale, return and withdrawal and expressly accepted by the Consumer at the time of transmission of the proposed contract of sale of the Products through the SDF Store shall be authentic and shall govern the contract of sale of the Products.

3.4 Without prejudice to the right of SDFI to modify at any time any other condition of the contract for the purchase of Products, including in particular prices and payment conditions that depend on the price lists approved by SDFI from time to time, the prices and payment conditions and other special conditions other than the TCS B2C - Private Customer published on the pages of the SDF Store at the time when the proposal for the purchase of Products transmitted by the Consumer is confirmed by SDFI shall be binding for the purposes of the conclusion of the contract for the purchase of Products. In the event of a change by SDFI of one or more conditions of the contract of purchase of Products after the transmission of the contract proposal by the Consumer, SDFI will notify the Consumer of such change and the Consumer may withdraw from the contract of purchase of Products within 14 (fourteen) days from the notice of change, without any charge or expense to the Consumer.

3.5 The contract of sale of Products between the Consumer and SDFI concluded through the SDF Store is understood to be subject to the interpretation and application of the provisions of Italian law; the application of the provisions of the United Nations Convention on the International Sale of Goods - Vienna Convention 11/04/1980 is in any case excluded.

3.6 SDFI informs the Consumer that:

(i) the Consumer's proposal for the sale and purchase of Products shall be deemed accepted by SDFI, with completion of the contract, at the time SDFI sends e-mails of acceptance of the proposal to the e-mail address entered by the Consumer at the time of registration with the SDF Store, or to the different address subsequently entered by the Consumer in his/her profile in accordance with the procedures indicated by the SDF Store. The acceptance e-mail shall be deemed to have been received by the Consumer upon its transmission made by SDFI in accordance with the foregoing. The acceptance e-mail will contain a summary of all the terms and conditions of the contract for the sale and purchase of the Products, including the description of the Products, the price, the payment terms, the period within which the Consumer has the right to withdraw from the contract, the delivery costs and any applicable taxes, as well as the link to the TCS B2C - Private Customer accepted by the Consumer;

(ii) before proceeding with the purchase of the Products, the Consumer has the opportunity to check all their billing and shipping information and correct any input errors by following the instructions on the site;

(iii) the proposal for the purchase agreement and its acceptance will be stored electronically by SDFI in its computer systems and the Consumer may request a copy by making a special request on the Support-Profile page of the SDF Store;

(iv) the contract for the purchase of the Products is made available in Italian language.

3.7 Any negotiating communication relating to the contract for the purchase of Products subsequent to the acceptance of the purchase proposal shall be made by the Parties, as to the communications intended for SDFI at the addresses of SDFI indicated on the SDF Store on the Contact page, as to the Consumer at the e-mail address entered by the Consumer at the time of registration with the SDF Store, or at the different address subsequently entered by the Consumer in his/her profile in accordance with the procedures indicated by the SDF Store.

4. Procedure for the selection of Products; characteristics of Products

4.1. The Products for sale on the SDF Store are identified through the codes of SDFI's price lists and Product catalogs in effect at the time of the Consumer's access to the SDF Store. With respect to the identification codes, the images and reproductions of the Products shown on the pages of the SDF Store are only indicative and may not accurately reflect the characteristics of the same.

4.2 Products for sale on the SDF Store may be delivered only in Italy; deliveries of Products may not be made either outside the borders of Italy or into the territories of the Republic of San Marino, Livigno, the Vatican City and Campione d'Italia.

4.3 The identification of the Products constituting the subject matter of the proposed purchase through the SDF Store will take place by means of the selection of the same by the Consumer who has previously obtained authorization to register in the SDF Store and who has created the Account and logged in to the SDF Store by means of Log-in; once the selection has been made, the Products will be placed in a shopping cart. Once the Products have been placed in the shopping cart, the Consumer shall be entitled to indicate the address for the delivery of the Products, recalling for this purpose the address indicated in the SDF Store profile at the time of registration or subsequently modified, or entering a different delivery address, and providing a telephone number to enable the Consumer to be contacted in connection with the purchase or by the shipper at the time of delivery. The Consumer shall also choose a payment method from the available options offered by the SDF Store. The shall also provide by secure connection set up on the SDF Store the data necessary to make the payment by the chosen method. Should the payment be executed through credit card, the Consumer accepts that the identifying data of the credit card be communicated directly to the operator that SDFI instructed of the payment processing, through protected mode and encrypted transfer, without being accessible to SDFI, as only the operator instructed has the possibility of access to the same.

4.4 The Products constituting the subject matter of the proposed sale and purchase will remain displayed on the SDF Store in the summary of the proposed sale and purchase and may be changed until the proposal is finalized by submitting it.

4.5 The transmission of the purchase proposal does not take place until the Consumer, requested by the interface of the SDF Store to give careful reading of the Summary of the sale proposal, has not, in the order, approved the present TCS B2C - Private Customer by clicking both on the check-box relating to the TCS B2C - Private Customer as a whole, and on the separate check-box relating to the clauses that require specific approval under Articles 1341 and 1342 c. c.; only after all these steps have been completed will the Consumer be able to press the “confirmation” button, thus determining the transmission of the proposed sale and purchase of the Products referred to in point 3.2 above.

4.6 Acceptance of the proposal is made by SDFI by means of the e-mail communication referred to in Article 3.6, which will contain the summary of all conditions of the contract for the sale and purchase of the Products and the link to the TCS B2C - Private Customer; as provided in the previous point 3. 4 the prices and terms of payment and other special conditions other than the TCS B2C - Private Customer relevant for the conclusion of the contract of sale and purchase of Products are those published on the pages of the SDF Store at the time when the proposed contract of sale and purchase of Products of the Consumer is confirmed by SDFI. In all cases, prices are inclusive of standard packaging costs and VAT (if applicable). The amount of shipping costs is not included in the price of the Products and shall be paid by the Consumer to the extent specifically indicated on the SDF Store and in the e-mail notifying acceptance, in addition to and concurrently with the price of the Products. All further costs, charges, taxes and/or levies that may apply, for any reason whatsoever, to the Products sold through the SDF Store shall remain the sole responsibility of the Consumer, the lack of knowledge of which by the Consumer shall in no event constitute grounds for cancellation or termination of the contract for the sale and purchase of the Products; all costs incurred by the Consumer for the connection via the Internet to the SDF Store according to the rates applied to the Consumer by the operator selected by the Consumer shall also remain the sole responsibility of the Consumer.

5. Payments – Invoicing – Delivery of Products

5.1 The payment of the price of the Products shall be made through a charge upon notice of acceptance by SDFI of the Consumer's proposed purchase and sale. The Consumer expressly agrees that the execution of the contract of purchase and sale of the Products by SDFI shall commence when the crediting of the price of the Products to SDFI's bank account takes place in accordance with the means of payment chosen by the Consumer in accordance with what is made available on the SDF Store by SDFI in the special section dedicated to the means of payment.

5.2 Sales invoice will be issued at the end of the month order date.

5.3 The delivery terms of the Products published on the SDF Store are intended to be purely indicative and not binding. Nonetheless, SDFI shall use its reasonable efforts to ship the Products in a timeframe compatible with the delivery times indicated on the SDF Store and, in any event, to make delivery within a maximum timeframe of 30 (thirty) days from the day following the day on which the Consumer submitted the purchase order. In the event of temporary unavailability of a Product SDFI will notify the Consumer as soon as possible and where the latter communicates that it is not interested in waiting for the Product to be available again SDFI will reimburse the Consumer for the price of the Product and the transportation costs, if already charged, without the Consumer's right to any further compensation.

5.4 The shipment of the Products ordered by the Consumer shall be at the sole care and expense of the carrier designated by the SDF Store.

5.5 The Consumer agrees to promptly check that the delivery includes all and only the Products that are the subject of the concluded sale and to inform SDFI as soon as possible of any discrepancy or defect in the Products, following the procedure set forth in Article 6 below of the TCS B2C - Private Customer, failing which the Products shall be deemed to have been accepted.

6. Seller's legal warranty of conformity, reporting of conformity defects and warranty service

6.1 SDFI guarantees the conformity of the Products for a period of 24 (twenty-four) months from the date of delivery of the Products to the Consumer (hereinafter "Warranty"). The aforesaid Warranty shall be void in the event that the Product is not used in accordance with its own use and with the instructions and warnings given regarding the use of the Product by SDFI or set forth in SDFI's illustrative reference documentation, technical documentation and manuals, tags or labels.

6.2 In order not to waive this Warranty, the Consumer shall notify the non-conformity and/or defects of the Products within the terms of the law by informing SDFI in writing at the addresses indicated on the SDF Store on the “support” page of the profile, with the burden of specifying in the same communication the non-conformity and/or defect found, as well as enclosing the relevant documentation indicated in the same return form including at least no. 1 (one) photograph of the Product, the notice of acceptance of the purchase proposal transmitted by SDFI and/or a copy of the invoice.

6.3 Following receipt of the form referred to in Section 6.2 and the relevant documentation, SDFI shall send written acknowledgement to the Consumer to the email address entered by the Consumer when registering with the SDF Store, or to the different address subsequently entered by the Consumer in his/her profile in accordance with the procedures indicated by the SDF Store. The authorization to return the Products shall in no way constitute recognition of their non-conformity or the presence of defects, which may only occur after the Products have been returned. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the authorization notice, within 30 (thirty) days after the non-conformity has been reported, using the return procedure set forth in Article 7.2 below.

7. Right of withdrawal and return policy

7.1 The Consumer is granted the right to withdraw from the contract of sale of the Products, without any penalty, within the term of 14 (fourteen) days from the day of receipt of the Products, for any reason whatsoever and without the need to justify.

7.2 In order to exercise the right of withdrawal and return the Products, the Consumer must access his or her SDF Store Account via Log-in and click on the "Return Requests" section of the profile, open the order containing the product whose return he or she intends to make, and select the product; then indicate the reason why the Products are being returned, from among those indicated on the SDF Store, and enter any indications in the "Comments" field. The customer will then receive an automatic acceptance email notice, containing the directions and address to which the goods should be shipped. Once the product for the consumer has been shipped, he/she must provide the tracking number indication in the "Return Requests" section of the profile, within the order containing the product(s) to be returned or via email to the address Sdfstore-it@sdfgroup.com.

The Products received will be checked by SDFI and arrangements will be made for the refund of the value of the goods, which will be automatically made by the same method of payment used by the Consumer within 14 (fourteen) days of receipt of the return by SDFI. The costs and risks of transporting the Product covered by the Return Request shall be borne by the Consumer.

It is intended that the shipping costs charged to the Consumer when placing the order, which will subsequently be subject to return pursuant to this article, shall be reimbursed to the Consumer exclusively in the event of the return of all the articles included in the order; such shipping costs shall remain the sole responsibility of the Consumer if the return is limited to part of the articles included in the order in question.

8. Liability for defective products

8.1 With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and any applicable national reference legislation shall apply.

9. Intellectual Property Rights

9.1 The Consumer declares that he/she is informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written text or graphic indication used on the SDF Store or related to the Products (collectively referred to as "SDF Intellectual Property")are and remain the exclusive property of the Seller, without any transfer of any right in favor of the Consumer about the SDF Intellectual Property resulting from the access to the SDF Store and/or the purchase of the Products.

9.2 The contents of the SDF Store may not be reproduced, either in whole or in part, or transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of SDFI.

10. Consumer data and privacy protection

10.1 In order to proceed with the registration with the SDF Store, the submission of the proposal for the purchase of the Products and thus the conclusion of the contract for the sale and purchase of the Products, the Consumer agrees to provide the necessary personal data in the manner specified by the SDF Store itself. The Consumer acknowledges that the personal data provided will be recorded and used by SDFI (as an autonomous Data Controller under the Privacy Regulations, as defined below), in accordance with the provisions of the EU Regulation 2016/679 and the applicable national reference legislation on the processing of personal data (collectively, the "Privacy Regulations"), to execute each purchase of Products made through the SDF Store and, subject to its express consent, for marketing and/or profiling purposes and for any further activities as outlined in the appropriate privacy policy provided to the Consumer through the SDF Store (including the relevant payment portal) at the time of registration.

10.2 The Consumer represents and warrants that the personal information provided to SDFI during the process of registering with the SDF Store and purchasing Products is correct and true.

10.3 The Consumer may at any time update and/or change his/her personal information provided to the Seller through the SDF Store "customer details" profile page accessible after logging into the Personal Account.

10.4 For any further information on how the Consumer's personal data is processed, the Consumer should access the “customer details” profile page available on the SDF Store.

11. Personal data protection

11.1 The Consumer's personal data are protected by SDFI against the risks of possible loss, falsification, manipulation and improper and/or illegitimate use by third parties by the measures taken by SDFI for this purpose.

11.2 Specifically, with respect to credit card payment data SDFI uses services from operators that adopt technological systems designed to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

12 Legge applicabile, tentativo di conciliazione e foro competente

12.1 These TCS B2C - Private Customer, as well as any contract of sale of the Products concluded between SDFI and the Consumer shall be governed by and construed in accordance with Italian law, with the exclusion of conflict of laws rules. In any case, any rights attributed to Consumers by mandatory provisions of law shall be without prejudice.

12.2 In the event of a dispute between the Seller and a Consumer, the Consumer is entitled to access the European Online Dispute Resolution platform (the "European ODR Platform") for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and operated by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation No. 524/2013, in order to facilitate independent, impartial, transparent, effective, rapid, and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a trader established in the Union through the intervention of an ADR ("alternative dispute resolution") entity that has subscribed to it, selectable from a list provided therein. For more information about the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure relating to this contract, access the following link: http://ec.europa.eu/odr. The Vendor's e-mail address to be provided in the European ODR Platform is: store@sdfcompass.com

12.3 The eventual nullity or ineffectiveness, even partial, of any clause of these TCS B2C - Private Customer will determine the non-application of that provision without any effect on the rest of the provisions set forth in the same TCS B2C - Private Customer, which will find regular application.

12.4 Notwithstanding the foregoing, as well as the aforementioned national and EU consumer protection legislation, any disputes between the Consumer and SDFI shall be referred exclusively to the Court of Bergamo.

The Consumer declares to have read, understood and fully accepted, pursuant to Articles 1341 and 1342 of the Italian Civil Code, the following clauses: Article 1; Article 2 (i) (ii) (iv); Article 3.3; Article 3.4; 4.6; 5.3; 5.5; 7.3; 12.1, 12.2, 12.3, 12.4.

 Validity date and review version:  06-03-2024 rev.5