GENERAL CONDITIONS OF SALE - 001 of 17.05.2022
The present GENERAL CONDITIONS OF CONTRACT, possibly sent together with the order, regulate the methods and terms of supply and use of the service described in the forms available on the website https://www.m4tuning.com/ and supplied by the company M4Tuning Sagl, with registered office in 6900 - Lugano (TI) - CH (CHE-451.698.878) and Italian fiscal representation in 10045 - Piossasco (TO) - Italy P. IVA 11300060016.
The acceptance and/or knowledge or awareness of these GENERAL CONDITIONS OF CONTRACT is a necessary and indispensable requirement for the provision and use of the SERVICES offered by M4Tuning Sagl.
With the acceptance of these GENERAL CONDITIONS OF CONTRACT, the CLIENT declares to have read, understood and accepted all the contractual clauses present herein and undertakes, as of now, to read and accept all possible amendments, integrations and/or updates to these GENERAL CONDITIONS OF CONTRACT, which shall be adopted in the future by M4Tuning Sagl and published on the website: https://www.m4tuning.com/ with progressive revision number.
The invalidity of one or more clauses of these GENERAL CONDITIONS OF CONTRACT shall not entail the invalidity of the remaining clauses nor of these GENERAL CONDITIONS OF CONTRACT as a whole.
The conditions set forth below shall be deemed applicable to each order, unless expressly derogated from by special conditions.
Knowledge and/or awareness of this form constitutes full acceptance by the Customer of these General Terms and Conditions, as well as of the content of the documents, rules, provisions and procedures referred to herein, making them binding on the Customer even before the conclusion of the contract
ART. 1 - PREMISES
The foregoing premises and any Annexes attached to these Conditions form an integral and essential part thereof.
1.1. The general conditions of contract regulate the relationship of purchase and sale of goods supplied by M4Tuning Sagl.
1.2. These general conditions have been drafted and prepared in compliance with and in accordance with the provisions contained in Legislative Decree no. 206/2005 (Consumer Code) and in Law no. 40/2007 (Urgent measures for the protection of consumers, promotion of competition, development of economic activities and the birth of new enterprises); they have a general scope and may be subject to modifications made necessary by subsequent provisions of law and/or regulations.
ART. 2 - DEFINITIONS
All technical terms and concepts used in these GTC shall be deemed to be known to the parties; in addition to the terms defined in other parts of these GTC, the terms and expressions marked with a capital letter below shall have the following meanings:
2.1.) M4TUNING: M4Tuning Sagl, with registered office in 6900 - Lugano (TI) - CH (CHE-451.698.878) and Italian fiscal representation in 10045 - Piossasco (TO) - Italy P. IVA 11300060016 i.e. the manufacturer/seller of the goods object of the present GENERAL CONDITIONS OF CONTRACT;
2.2.) SUPPLIER: M4Tuning Sagl, with registered office in 6900 - Lugano (TI) - CH (CHE-451.698.878) and Italian fiscal representation in 10045 - Piossasco (TO) - Italy P. IVA 11300060016 i.e. the producer/seller of the goods object of the present GENERAL CONDITIONS OF CONTRACT;
2.3) CUSTOMER: the subject, natural or legal person or entity (public or private), who purchases the goods subject of these GENERAL CONDITIONS OF CONTRACT. In this regard, it should be noted that the relationship with the CUSTOMER is governed by the regulations set out in Legislative Decree no. 206 of 6 September 2005, known as the "Consumer Code", exclusively in the event that the CUSTOMER is a natural person, who purchases for personal purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.
2.4) THIRD PARTIES: the third parties that may provide the SERVICES in partnership with M4Tuning.
2.5) PRODUCTS: the goods, in general, offered by M4Tuning available and purchasable under the conditions established in these GENERAL CONDITIONS OF CONTRACT.
2.6) CUSTOMISED PRODUCTS: products on which customisation is requested by the customer when placing the order.
2.7) CUSTOM PRODUCTS: products purchased as presented by M4Tuning.
2.8) GTC: General Conditions of Sale.
ART. 3 - INTERPRETATION
3.1 An "Annex" shall, unless otherwise indicated, be construed as a reference to an annex to these GTC;
3.2 An "Article", "Paragraph" or "Foreword" shall be construed, unless otherwise indicated, as a reference to an Article, Paragraph or Foreword of the Supply Agreement or these GTC;
3.3 Terms denoting the singular include the plural and vice versa. Terms denoting one gender include the other gender unless the context or interpretation indicates otherwise;
3.4 The titles and headings of these GTC are inserted for convenience only and shall not affect the interpretation of the respective provisions of the Contract itself;
ART. 4 - PRODUCTS AND AVAILABILITY
4.1 The essential characteristics and other information relating to the Products, together with their price, are indicated on the Site, in the information sheets relating to each Product.
4.2 The catalogue of the Products published on the Site is constantly updated.
4.3 The graphic representation of the Products displayed on the Site is merely indicative and may differ from reality; the Customer must therefore rely on the description of the Product and its characteristics shown on the Product Page.
4.4 The Products displayed on the Site may be:
I. Available: Products physically present in the warehouse and therefore, as such, orderable by the Customer.
II. Made to Order: Products not physically present in the warehouse but which can be ordered and customised (CUSTOMISED PRODUCTS).
ART. 5 - HOW TO PLACE AN ORDER AND CONCLUSION OF THE CONTRACT OF SALE
5.1 Orders can be placed on the website after registration and creation of a personal Customer account, following the steps and instructions specified on the website itself.
5.2 To place an Order, the Customer shall:
a) select a Product and click on "Add to Cart" to proceed to the next steps;
a bis) By accessing the "My Cart" area, the Customer may, among other things
- view the details of the Product and price (expressed in Euros)
- check and correct their data
- modify Product quantities or delete Products added to the cart;
- add more Products by clicking on the "Add more Products" button or by returning to the home page and adding more Products to the cart;
- request additional ancillary services (Conventional Guarantee "Protection Plus"), the terms and conditions of which are made available on the relevant shopping cart page;
- view the estimated delivery times and costs, if any, for each of the available delivery methods and select the chosen delivery method (for more information on delivery times see the relevant page)
- view the available payment methods and their details and select the chosen payment method;
- accept the General Conditions of Sale and send the Order by clicking the "Send Order" or "Proceed with Payment" button, depending on the payment method selected.
5.3 Before sending the Order, the Customer may at any time view the summary of the Products, with details of the prices and any charges, delivery and payment methods selected, as well as check and correct his data.
5.4 The sales contract is concluded when the Customer sends the Order to M4Tuning Sagl unless it is communicated by M4Tuning Sagl that the order cannot be processed, in which case the Customer shall be charged the amount spent.
5.5 After sending an Order, the Customer shall receive an e-mail containing a summary of information on the essential characteristics of the Product, a detailed indication of the price and applicable taxes as well as any delivery costs.
5.6. The Customer may cancel the order within 24 hours after it has been placed and/or in the case of customised products not after production of the same has begun.
5.7. Any customs charges are explicitly borne by the customer.
ART. 6 - FEES AND TERMS OF PAYMENT
6.1 The Customer may pay the price of the Products and any shipping costs by means of the payment methods indicated on the Site before sending the Order.
6.2 M4Tuning accepts the following payment methods:
- Credit Card or prepaid card: in the event of payment by Credit Card or prepaid card, the charge shall be made at the time the Order is sent and the sale contract is finalised;
- PayPal: in the event of payment by PayPal, the charge shall be made at the time the Order is placed and the sales contract is finalised. In the event of cancellation by the Customer, the amount paid shall be promptly credited back to the same PayPal account;
- Bank transfer: payment by bank transfer must be made and received by M4Tuning within 10 (ten) days from the date of placing the Order and finalisation of the sales contract; in case of non-receipt of payment within the indicated term, M4Tuning shall have the right to terminate the sales contract pursuant to and for the purposes of Article 1456 of the Civil Code by sending an e-mail to the Customer;
In case of payment by bank transfer, the Customer shall indicate in an unambiguous and correct manner the order number purchased in the relative "reason for payment"; in the absence of a correct and unambiguous indication, M4Tuning shall not be held responsible for the failure to attribute the payment to the product ordered by the Customer and the latter shall not be entitled to make any claim or request for damages and/or compensation against M4Tuning Sagl, and in any case declares to renounce it as of now.
- Klarna: in case of payment with Klarna, the charge shall be made at the time of sending the Order and completion of the sales contract. In the event of cancellation by the Customer, the amount paid shall be promptly credited back to the same Klarna account;
6.3 The price of the product is determined according to what is indicated on the website.
6.4 All invoiced amounts shall be subject to VAT if due, which, together with any other taxes arising from the execution of the contract, shall be borne by the Customer. In any case, the Customer expressly declares to relieve Roaditalia Sagl as of now from any and all liability deriving from the transactions or payments made.
6.5 In the event that the payment of the price is not valid or is for any reason revoked or cancelled by the Customer, or is not executed, confirmed or credited for the benefit of M4Tuning itself, M4Tuning reserves the right to terminate the contract with immediate effect.
6.6 By accepting these General Conditions, the Customer expressly agrees that the invoice, if requested within 24 hours from the date of the order, may be sent to him by e-mail in pdf format.
ART. 7 - PRODUCT DELIVERY METHODS
7.1 Before placing an Order for the Products, the Customer may view the available delivery methods and possible costs.
7.2 Depending on the Products selected, some delivery methods may not be available. The modes available for each Product will in any case be indicated on the relevant shopping cart page.
7.3 The Supplier shall only ship the Products once the payment has been correctly credited by the Customer; the shipping and delivery times are indicated on the order page but are indicative and not binding; in particular, the shipping times may be waived in the case of orders for CUSTOMIZED PRODUCTS assuming that technical production times must be calculated.
7.4. For the delivery of products to certain locations that are difficult to reach, an additional cost may be charged. Such possible costs shall in any case be clearly communicated to the Customer.
7.5 A signature by the Customer or his authorised representative is required at the time of delivery. The Customer (or his proxy) shall, upon delivery of the Products by the courier, verify
- that the number of packages delivered corresponds to the number indicated on the delivery document;
- that the packaging and its seals are intact, undamaged, not wet or altered in any way.
Any damage to the packaging and/or the Product or the mismatch in the number of packages or indications must be immediately notified in writing on the courier's delivery document. Once the courier's document has been signed without the Customer having raised any objection, the Customer may not raise any objection in this respect, without prejudice to the legal guarantee of conformity.
7.6 The risk of loss of or damage to the Products shall pass to the Customer when the latter (or a third party designated by him and other than the courier) takes physical possession of the said Product.
ART. 8 - WITHDRAWAL
8.1 Pursuant to the provisions of the Consumer Code, the Customer shall have the right to withdraw from the sales contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or his authorised representative on receipt of the Product) takes physical possession of the Product. This term shall also apply to ancillary services, in which case it shall run from the date on which the contract relating to the ancillary service is signed.
8.2 The Customer may exercise the right of withdrawal in one of the following ways.
By sending an explicit communication of the decision to withdraw via one of the following channels
o email to the address: roads@m4tuning.com
o registered letter with return receipt: M4Tuning Sagl - Via S.Balestra 10 - 6900 - Lugano - Switzerland
8.3 Upon receipt of the communication of exercise of the right of withdrawal, M4Tuning Sagl shall send the Client an email confirming receipt of the exercised withdrawal. Within 5 (five) working days from receipt of the communication of withdrawal, the Customer shall receive an email with an indication of the address where to return the products. Within 14 (fourteen) days from receipt of the e-mail communicating the address and the case number, the Customer will be required to send the Product carefully packaged, at his own care and expense, to the address indicated in the same e-mail, reporting inside the packaging the progressive number relating to the withdrawal case received from M4Tuning.
8.4 The Products must be returned intact, unused, undamaged, in their original packaging and complete with all accessories and items present in the original packaging (e.g. accessories, instruction manuals, etc.). The costs of returning the Product shall be borne by the Customer. In any case, the Customer shall not incur any costs or penalties as a consequence of exercising the right of withdrawal.
8.5 The Customer shall be liable for any decrease in the value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and functioning or in the absence of the elements or accessories referred to in Article 7.4 above.
8.6 The right of withdrawal does not apply to custom-made or clearly customised products; M4Tuning reserves the right to assess the acceptance of any withdrawal by retaining in the case an amount equal to 20% of the sale price of the good.
8.7 Upon receipt of a notice of withdrawal within 14 (fourteen) days and in compliance with the other conditions indicated in the preceding articles, M4Tuning shall refund the sums paid for the purchase, including delivery costs (with the exception of additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by M4Tuning), using the same means of payment used by the Customer for the purchase of the Product, unless otherwise expressly requested by the Customer.
8.8 The Customer has the right to receive a refund within 14 (fourteen) days from M4Tuning's receipt of the communication of exercise of withdrawal. However, the Supplier, in accordance with Article 56 of the Consumer Code, reserves the right to withhold the refund until it has received the Product or until the Customer has demonstrated that it has returned the said Product, whichever situation occurs first.
8.9 Unless the Customer has expressly agreed otherwise, the refund shall be made in the following manner:
- For purchases made through payment by bank transfer M4Tuning shall proceed with the refund by bank transfer.
- For purchases made through payment by credit card the refund shall be made through a transfer of the transaction directly to the credit card.
- For purchases made by PayPal, the refund will be made by crediting the same PayPal account.
- For purchases made using Klarna, the refund will be made by crediting the same Klarna account.
- For purchases made using Gift Vouchers, the Customer shall be entitled to a refund of the vouchers.
ART. 9 - CUSTOMER'S DATA
9.1 The Customer warrants, also pursuant to and for the purposes of art. 494 of the Italian Criminal Code, that the personal data provided to M4Tuning Sagl for the full execution of the contract are correct, updated and true and allow the identification of his true identity. The Customer undertakes to promptly communicate to M4Tuning Sagl any variation to his/her personal data indicated during the stipulation of the contract.
ART. 10 - MODIFICATION OF THE CONTRACTUAL CONDITIONS OF THE SERVICE
10.1 M4Tuning Sagl reserves the right to make changes to the present general contractual conditions, by updating the new contractual text on its web pages and relative subsections.
The parties agree that such modifications shall be applied at the time of a new order and shall not be applicable to orders already in progress, subject to the right of cancellation by the client; failing which the client shall declare, as of now, acceptance of the new general conditions of contract.
ART. 11 - OBLIGATIONS AND LIMITATIONS OF LIABILITY OF M4TUNING
11.1 The Vendor is exempt from any liability that does not depend on malice or gross negligence.
In the event of liability of the Seller towards the Purchaser, however, the compensation for damages shall not exceed the value of the goods that are the subject matter of the Contract in the performance of which the conduct of the Company was prejudicial.
11.2 The obligations and responsibilities of M4Tuning towards the Customer are exclusively those defined by these conditions and the Consumer Code. Therefore, in any case of breach or non-fulfilment attributable to M4Tuning, it shall not be liable for an amount exceeding the amount paid by the Customer for the single product ordered, affected by the damaging event. Any other indemnity or compensation to the Customer for direct or indirect damages of any kind and nature is hereby expressly excluded.
11.3 M4Tuning shall in no case be held liable for the use made of the product in relation to critical situations involving, by way of example, specific risks to the safety of persons, environmental damage, specific risks in relation to mass transport services.
11.4 M4Tuning may not be held liable for any damage, direct or indirect, suffered by the Customer as a result of errors in the data communicated to it.
11.5 M4Tuning undertakes to ensure the best functionality of the product, but does not assume any liability either towards the Customer or towards Third Parties for malfunctions and delays caused by causes not attributable to it, such as but not limited to
a) fortuitous events, catastrophic events or force majeure;
b) act of a third party;
d) incorrect use or use that does not comply with these General Terms and Conditions, of the product by the Customer;
e) performance of ordinary and/or extraordinary maintenance work or modifications and or maintenance that cannot be planned and/or foreseen and is technically indispensable;
f) justified security reasons and/or guarantee of confidentiality;
g) in the event of a breakdown and/or malfunction involving danger to persons.
11.6 - As far as the characteristics of the products are concerned, the vendor abides by the legislation and technical standards in force in Italy; the purchaser consequently assumes the entire risk of any discrepancies in this respect between what is foreseen by the Italian standards and what is foreseen by the standards of the country of destination of the products, exonerating the vendor from any possible liability.
11.7 - The vendor guarantees the performance of the products he manufactures only and exclusively in relation to the uses, destinations, applications, tolerances, capacities, etc... expressly indicated by him, with the sole exception of uses, destinations and applications that, by common knowledge acquired by normal users, are clearly and unequivocally referable to the products supplied.
11.8 - If the purchaser destines the aforesaid products for resale, it shall be his burden and responsibility to bring to the knowledge of his purchasers what is in question.
11.9 - It is in any case understood that, from the moment the risks are transferred to the buyer, the latter shall be solely and exclusively responsible for any event related to the use of the purchased products that may occur, including any damage to persons or things, and shall therefore hold the seller absolutely harmless. The buyer also undertakes to insure all risks, without any right of recourse against the seller, in an appropriate manner. -
11.10 - No derogation from the provisions of this article can be considered valid unless expressly defined and accepted between the parties in writing.
ART. 12 - FORCE MAJEURE
12.1 - If the production and/or delivery of the Products by the Seller is rendered impossible, excessively onerous or delayed due to a Force Majeure Event as defined in Art. 12. 2, the Seller may, at its own discretion: (i) suspend deliveries of the Products until the Force Majeure Event has ceased; (ii) deliver a smaller quantity of Products, if the Products in its warehouse are insufficient and are used proportionately to satisfy other customers of the Seller; (iii) withdraw from the contract, giving timely notice in writing to the Buyer. Following termination, the Seller shall complete the execution of the delivery of the Products purchased by the Purchaser for the part not affected by the Force Majeure Event, it being understood that the Purchaser shall not make any further claim against the Seller, deriving directly or indirectly from the anticipated termination of the contractual relationship. Should the impediment due to the Force Majeure Event persist for a period of more than 90 (ninety) days, each party shall have the right to withdraw from the relative contract, without any right to compensation for damages arising for the other party. In case of Force Majeure Events, the Seller shall not be liable in any case for any damages deriving for the Buyer from the delay in the delivery of the Products.
12.2 - By "Event of Force Majeure" it is meant any event beyond the Seller's control that affects the production or delivery capacity of the Products - including, by way of example, strikes, non-delivery or delayed delivery, even partial, of raw materials by the Seller's suppliers, partial or total breakdown of machinery and plants to be used in the manufacture of the Products, fires, floods, riots, decisions of the authorities, regulatory changes, epidemics, pandemics or other health emergencies.
ART. 13 - LEGAL WARRANTY - REMEDIES FOR LACK OF CONFORMITY
13.1 The sale of Products to Customers who are consumers is subject to the legal warranty pursuant to the Consumer Code. M4Tuning shall be liable for conformity defects arising within 2 (two) years from the time of delivery.
Any action by the Customer to assert a lack of conformity not maliciously concealed by M4Tuning shall be prescribed, in any case, within 26 (twenty-six) months from the time of delivery.
13.2 To enforce the legal guarantee of conformity, the Customer may send a communication to M4Tuning through one of the following channels
- email to the address: roads@m4tuning.com
- registered letter with return receipt: M4Tuning Sagl - Via S.Balestra 10 - 6900 - Lugano - Switzerland
13.3 With reference to the Products, M4Tuning does not guarantee quality requirements, description, type, quantity, functionality, compatibility, interoperability, suitability for use, supply with accessories, instructions (also with regard to installation and customer service), updates that are not specifically indicated in the General Conditions of Sale and/or in the Order and/or on the Site and/or in the documentation relating to the Products supplied.
13. 4 With reference to the Products, the Customer warrants that the same (i) are suitable for the purposes for which he intends to purchase them; (ii) are of the quantity and have the quality and performance characteristics, also with regard to durability, functionality, compatibility, accessibility, continuity and safety, that are normally found in products of the same type (iii) that it does not expect to receive from M4Tuning accessories (including but not limited to packaging) and instructions (including but not limited to those relating to installation) in addition to those that may be provided under the sales contract;
13.5. In the event of a lack of conformity of the Products, the Customer shall be entitled, free of charge, to the restoration of conformity of the same (by repair or replacement) within a reasonable period of time from the time M4Tuning was informed by the Customer of the lack of conformity. Such remedy may be requested by the Customer, unless this is impossible or imposes disproportionate costs on M4Tuning, taking into account all the circumstances of the case, including (i) the value that the said Products would have if there were no conformity defect; (ii) the extent of the conformity defect; (iii) the possibility of pursuing the alternative remedy without significant inconvenience to the Customer. In the event that the Customer requests repair or replacement under this Article, the Customer shall be obliged to make the Product available to M4Tuning.
13.6 Where (i) the remedy of restoring the conformity of the Products is impossible or disproportionate pursuant to Article 13.5; (ii) M4Tuning has not restored the conformity of the Products in line with the provisions of Article 13. 5; (iii) a conformity defect manifests itself despite M4Tuning's attempt to restore the conformity of the Products; (iv) the conformity defect is so serious as to justify an immediate reduction in price or termination of the contract of sale; or (v) M4Tuning has declared that it will not make the Products compliant within a reasonable period of time or without significant inconvenience to the Customer, the latter shall be entitled to receive a proportional reduction in price pursuant to Article 13.7 below or to terminate the contract of sale in accordance with Article 13.8 below.
13.7 The reimbursement of the aforementioned price reduction of the Products will be made by M4Tuning: i) without undue delay and, in any case, within 14 days from the date M4Tuning was informed of the Customer's decision to receive a price reduction pursuant to this Article; and ii) using the same means of payment that the Customer used to pay for the Products, unless the Customer expressly agrees otherwise and provided that the latter does not incur any expenses in connection with such reimbursement
13.8 In the cases referred to in Article 13.6 above, the Customer may terminate the sales contract, by means of a declaration expressing the decision to terminate the sales contract, to be sent to M4Tuning at the above addresses. The Customer acknowledges and accepts that he/she will not be able to terminate the sales contract if the lack of conformity of the Product is minor.
13.9 In the event of termination of the sales contract by the Customer pursuant to Article 13.8, the following effects shall occur
a) the Customer shall return the Product to M4Tuning within 14 (fourteen) days, at its own expense;
b) M4Tuning shall refund the Customer the price paid for the purchased Product upon receipt of the Product;
ART. 14 - EXPRESS TERMINATION CLAUSE - TERMINATION FOR BREACH - TERMINATION CONDITIONS
14.1 Without prejudice to the provisions of other clauses of the Contract, the Contract shall be deemed terminated with immediate effect, pursuant to and for the purposes of Article 1456 of the Civil Code, if the Customer
a) violates the obligations provided for in the preceding Articles as well as the provisions in the order;
b) violates the Policy of M4Tuning indicated in these Conditions;
e) fails to pay the agreed consideration;
14.2 In the event of non-fulfilment of the obligations provided for by the Contract, M4Tuning reserves the right to send the Customer, at any time, pursuant to and for the purposes of Article 1454 of the Italian Civil Code, a warning to fulfil within 15 (fifteen) days from receipt of the relative registered letter A.R.
ART. 15 - EXCLUSIVE PROPERTY RIGHTS
15.1 The Product shall be used by the Client in compliance with the intellectual and/or industrial property rights of M4Tuning and/or third parties.
15.2 The Client, therefore, shall not be authorised to reproduce, process, the goods produced by M4Tuning.
ART. 16 - GENERAL PROVISIONS
16.1 These conditions shall remain in force even after the date of first execution, in accordance with the terms provided herein, without any need for the Parties to renew the assumption of any of their obligations. However, at the request of one or both Parties, the agreements contained herein shall be, in whole or in part and at any time, reproduced in separate and distinct documents, without prejudice to the content, terms and unity of the agreements and that the Party making such a request shall bear all related costs, expenses and taxes.
16.2 Neither Party shall be deemed to have waived its rights arising from the GTC or from any default or breach by the other Party unless that Party has formalised such waiver in writing.
16.3 No waiver of any default or breach of any covenant shall be construed as a waiver of any further default or breach of the same, whether or not similar, nor shall it be construed as a waiver of the covenant itself.
ART. 17 - PROCESSING OF PERSONAL DATA
17.1 The processing of personal data communicated by the Customer to Roads Italia for the purposes of the execution of the Contract and the subsequent provision of the Service, will take place in accordance with Legislative Decree No. 196/2003 and European Regulation 679/2016, with the information on the website https://www.m4tuning.com/ and by virtue of the consent to the processing of data expressed therein by the Customer or by means of a form attached to the contract itself.
17.2 M4Tuning, for the sole phases of data collection, processing and management, necessary for the provision of the Services, acts as autonomous Data Controller in accordance with the role definitions described in Legislative Decree 196/2003 and EU Regulation 2016/679.
17.3 The Customer, with reference to the data of third parties entered and/or processed by him/her when ordering and/or using the Services, declares that he/she has previously provided them with adequate information pursuant to Article 13 of European Regulation No. 679/2016 and that he/she has acquired from them consent to the processing. It is understood, however, that the Customer stands, with respect to such data, as autonomous owner of the treatment, assuming all the obligations and responsibilities related to it, relieving M4Tuning from any dispute, claim or other that may come from third parties in reference to such hypothesis of treatment.
ART. 18 - APPOINTMENT AS DATA PROCESSOR
18.1 As a result of the completion of the order in accordance with the provisions of the EU Regulation 2016/679 and the legislation in force on the subject, the Customer, as the Owner of the personal data processed by the latter through the Service chosen from among those object of these Conditions, shall appoint M4Tuning Sagl, Data Processor, with a detailed description of the duties and obligations to which it shall be bound by virtue of this role.
ART. 19 - APPLICABLE LAW AND COMPETENT COURT
19.1 The Contract is governed exclusively by Italian law, any application of the United Nations convention on the international sale of goods being excluded.
19.2 The Italian judicial authorities shall have exclusive jurisdiction to resolve and decide any and all disputes relating to the interpretation and/or execution and/or application of the Contract, except in the event that the Customer has acted and concluded the Contract as a Consumer for purposes unrelated to the entrepreneurial or professional activity carried out; in this case, the jurisdiction shall be that of the judicial authorities of the State where the Consumer was domiciled at the time of the conclusion of the Contract, except in the event that the Consumer prefers to apply to the Italian judicial authorities.
19.3 When, according to paragraph 2 above, the jurisdiction to resolve and decide any and all disputes relating to the interpretation and/or execution and/or application of the Contract is identified
a) the Italian Judicial Authority shall have exclusive jurisdiction over the Court where the defendant is domiciled or has its registered office, except in the case where the Customer has acted and concluded the Contract as a Consumer for purposes unrelated to the entrepreneurial or professional activity carried out; in this case, the competent Court shall have exclusive jurisdiction over the Court where the Customer had his domicile at the time of conclusion of the Contract, if located in the territory of the Italian state, failing which the competent Court shall have exclusive jurisdiction over the Court where the Supplier has its registered office;
b) the Judicial Authority of a State other than Italy shall have exclusive jurisdiction over the Judicial Authority of the Court where the Customer has his domicile, if still located on the territory of the State where he had his domicile at the time of conclusion of the Contract, failing which, or if the Customer has preferred to apply to the Italian Judicial Authority, the Judicial Authority of the Court where the Supplier has its registered office shall have exclusive jurisdiction.