Términos y Condiciones del Vendedor

TERMS AND CONDITIONS

PREAMBLE

These Terms and Conditions integrate the Marketplace's Terms of Use and are binding between the Parties mentioned above and apply to all Users purchasing Products and Services offered by the Seller.
Users who purchase the Products sold by the Seller accept these Terms and Conditions.
The Seller engages in the online sale of products for industrial automation (including, but not limited to, PLCs, HMI Operator Panels, Motors, Drives, Motion Systems, Electronic Components, etc.), in accordance with italian Legislative Decree April 9, 2003, no. 70, and Legislative Decree September 6, 2005, no. 206 (“Consumer Code”) and the current applicable legislation. The Seller is not an authorized reseller of the products listed on the site or subject to quotation.

SALES CONDITIONS

OBJECT
This Agreement defines the contractual conditions applied to electronic commerce sales that exclusively involve the products offered and made available by the Seller to Customers who are either Consumers or Clients who do not hold such status. The Company sells components and products through the Site, both new and used, as well as refurbished, for industrial automation systems/machines and plants.
The packaging may be opened, have scratches, wear, numbers, discoloration and notes made by the previous owner.

The products offered for sale on the Marketplace are those present in the online catalog at the time of the User's purchase.

Each product is accompanied by an information sheet that illustrates its main features.

The images and descriptions provided may not be perfectly representative of the products, which may differ in color, size, and/or components.

The contract is executed with respect to the Customer identified by the data entered in the order form, which is transmitted electronically upon acceptance of these General Terms and Conditions of Sale.

PRODUCT PURCHASE METHODS
It is possible to make a purchase via the website www.automationparts.com

If the Customer is not registered on the Marketplace, they will be asked to enter billing information for each purchase.

The Seller reserves the right not to fulfill purchase orders that do not provide sufficient solvency guarantees or that are incomplete or incorrect. In such cases, the Seller commits to prompt communication with the Customer. If the order form is submitted and the price is paid, the Seller will refund any amount already paid.

PRICES
The prices listed on the Site are clearly indicated, displayed in the currency selected by the customer, EXCLUDING transportation costs as well as duties and/or import taxes (not determinable by the Seller). These costs must be borne by the Customer.

The price charged to the User will be the one indicated at the time of the order, except in cases of temporary unavailability of the product. In such cases, the Seller will communicate the inconvenient to the customer providing any indication of the product procurement times and the possible different price.

All prices published are inclusive of VAT at 22% as provided by Italian legislation for deliveries in Italy. For purchases destined for other EU countries made as a consumer, the VAT of the destination country will be paid and therefore recalculated before making the payment, while as a Client who does not qualify as a Consumer, if a valid VAT number (VAT code) is entered, VAT will not be charged. Once the order has been changed to the "shipped" status, it will not be possible to request a VAT refund through a change of billing data (the modification of the billing header cannot be retroactive for the purpose of applying or removing VAT).

The Seller may change the sales prices of the Products at any time and without notice and without the need for explanation and specification.

If an incorrect and/or clearly ludicrous price is published for any reason (error in the systems, human error, etc.), the order will be canceled, even in case of initial validation.

Shipping costs, which are never included in the price, are displayed in the order summary at the time of adding the product to the cart and in any case before the request for confirmation of the same by the Customer. Shipping costs can be changed at any time by the Seller, but the changes do not apply to orders already sent and accepted.

The Customer can make the payment with the means indicated on the site.

The Seller is unrelated to the agreements that the Customer has with payment companies. Any bank charges are the exclusive responsibility of the Customer, even in the case of a refund.

Furthermore, the Customer guarantees the Seller to have the necessary authorizations to use the chosen payment method for their order at the time of submitting the order.

No variation of the invoice is possible at a time subsequent to its issuance in electronic format.

SHIPPING AND DELIVERY OF PRODUCTS
The Seller can accept orders only with delivery to the countries listed below: Aruba, Antigua and Barbuda, United Arab Emirates, Afghanistan, Algeria, Azerbaijan, Albania, Andorra, Angola, American Samoa, Argentina, Australia, Ashmore and Cartier Islands, Austria, Anguilla, Antarctica, Bahrain, Barbados, Botswana, Bermuda, Belgium, Bahamas The, Bangladesh, Belize, Bosnia and Herzegovina, Bolivia, Saint Barthelemy, Myanmar, Benin, Solomon Islands, Brazil, Bhutan, Bulgaria, Brunei, Burundi, Canada, Cambodia, Chad, Sri Lanka, Congo Republic of the, Congo Democratic Republic of the, China, Chile, Cayman Islands, Cameroon, Comoros, Colombia, Northern Mariana Islands, Costa Rica, Central African Republic, Cuba, Cabo Verde, Cook Islands, Cyprus, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, Ireland, Equatorial Guinea, Estonia, Eritrea, El Salvador, Ethiopia, Czech Republic, French Guiana, Finland, Fiji, Falkland Islands (Islas Malvinas), Micronesia Federated States of, Faroe Islands, French Polynesia, France, Gambia The, Gabon, Georgia, Ghana, Gibraltar, Grenada, Guernsey, Greenland, Germany, Guadeloupe, Guam, Greece, Guatemala, Guinea, Guyana, Haiti, Hong Kong, Honduras, Croatia, Hungary, Iceland, Indonesia, Isle of Man, India, Iran, Israel, Italy, Cote d'Ivoire, Iraq, Japan, Jersey, Jamaica, Jan Mayen, Jordan, Kenya, Korea North, Kiribati, Korea South, Kuwait, Kosovo, Laos, Lebanon, Latvia, Lithuania, Liberia, Slovakia, Liechtenstein, Lesotho, Luxembourg, Libya, Madagascar, Martinique, Macau, Moldova Republic of, Mayotte, Mongolia, Montserrat, Malawi, Montenegro, North Macedonia, Mali, Monaco, Morocco, Mauritius, Mauritania, Malta, Oman, Maldives, Mexico, Malaysia, Mozambique, New Caledonia, Niue, Norfolk Island, Niger, Vanuatu, Nigeria, Netherlands, Norway, Nepal, Nauru, Suriname, Nicaragua, New Zealand, Paraguay, Peru, Pakistan, Poland, Panama, Portugal, Papua New Guinea, Palau, Guinea-Bissau, Qatar, Reunion, Serbia, Marshall Islands, Saint Martin, Romania, Philippines, Puerto Rico, Rwanda, Saudi Arabia, Saint Kitts and Nevis, Seychelles, South Africa, Senegal, Saint Helena, Slovenia, Sierra Leone, San Marino, Singapore, Somalia, Spain, Saint Lucia, Sudan, Sweden, Sint Maarten, Syrian Arab Republic, Switzerland, Trinidad and Tobago, Thailand, Tajikistan, Turks and Caicos Islands, Tonga, Togo, Sao Tome and Principe, Tunisia, Timor-Leste, Turkey, Tuvalu, Taiwan, Turkmenistan, Tanzania United Republic of, Curacao, Uganda, United Kingdom, Ukraine, United States, Burkina Faso, Uruguay, Uzbekistan, Saint Vincent and the Grenadines, Venezuela, British Virgin Islands, Vietnam, Virgin Islands US, Holy See Vatican City, Namibia, Palestine State of, Western Sahara, Samoa, Swaziland, Serbia and Montenegro, Yemen, Zambia, Zimbabwe.

The delivery times of the ordered goods are purely indicative and may vary due to force majeure or traffic conditions and general road viability, or by act of the Authority, as well as any delays attributable to the carrier and/or the product supplier company. Therefore, no liability can be attributed to the Seller in case of delay in the processing of the order or in the delivery of the goods.

The indicative delivery times for the goods are normally from 1 to 10 working days.
It is the responsibility of the Customer – or the aforementioned subjects – to be available during the course of the day on the specified days for the collection of the products at the address specified at the time of purchase.

If the courier is unable to deliver the products despite three attempts, they will initiate a storage procedure. The goods can be held in storage for a maximum of 5 working days without additional costs for the Customer. The resolution of the contract, the refund amount, and the retained expenses are communicated to the Customer via email at the address entered at the time of the order.

Any external damage or the mismatch in the number of packages must be immediately contested with the courier making the delivery, by noting "acceptance under reserve." Specifically, in the case of a damaged package, it should be noted on the courier's waybill: "acceptance under reserve because the package is damaged."

Once the courier's document is signed, the Customer cannot make any claims regarding the external characteristics of what was delivered.

If the Customer provides an incorrect shipping address, the order is delayed, and additional shipping costs and handling fees for returned or redirected orders are calculated. In such cases, a refund cannot be requested.

ORDER CANCELLATION
All product orders are subject to their availability. Since simultaneous access by many users-customers, as well as the variable quantity of each production based on the supplier company, alter the product's availability, the Seller does not guarantee the certainty of allocation of the ordered goods.

For certain products subject to price promotions, the Seller reserves the right to accept orders by reducing their quantities, subject to communication and acceptance by the Customer, failing which the order must be considered canceled.

The Seller may cancel the order in the event of product unavailability. In these cases, the Seller will inform the Customer via email that the contract has not been concluded and that the order has not been processed, specifying the reasons. In this scenario, before proceeding with the refund, the Seller proposes replacing it with a similar product or another available solution (surplus rush service, product in a different condition) which must always be expressly accepted by the Customer. If the substitute product is not accepted, the amount previously committed on the Customer's payment method will be refunded. Notification of the completed refund will be communicated via email.

In all cases of order cancellation due to temporary unavailability of the product, the Seller cannot be held liable for any damages resulting from the cancellation.

RIGHT OF WITHDRAWAL
The consumer customer (the natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may conduct) has the right to withdraw within 14 days from the delivery of the products. Specifically, the Consumer can write to the following email address: info@motiontechsupply.com, expressing their wish to withdraw and indicating their details (name, surname, address, email address) and the order number.

For customers making purchases as a Company or Sole Proprietorship (with a valid VAT number), the right of withdrawal is never applicable.

Customers who do not qualify as consumers may request, by writing to the following email address info@motiontechsupply.com, the cancellation of their order.

The Seller will evaluate and possibly approve the order cancellation request without costs only in cases where the preparation of the order has not started. The price will then be refunded.

WARRANTY
The Seller guarantees that the products sold are free from defects or non-conformities (defects that make the products unsuitable for the use for which they are intended or significantly reduce their value).

For the Customer who does not qualify as a Consumer, the rules of the Italian Civil Code apply regarding the reporting of defects, specifically, article 1495 c.c., which requires reporting defects within 8 days from their discovery. In B2B sales, if the sold good has conformity defects, the seller will restore the conformity of the good without costs through repair or replacement (primary remedies) or, if this is not possible, through a reduction in the purchase price or termination of the contract (secondary remedies). The action to enforce the legal warranty expires one year from delivery.

For the Customer who qualifies as a Consumer, the legal warranty lasts two years from the delivery of the good. The Consumer has the duty to report errors and defects within 26 months from delivery.

The Seller, if the sold good has conformity defects, will restore the conformity of the good without costs through repair or replacement (primary remedy) or, if this is not possible, through a reduction in the purchase price or termination of the contract (secondary remedies). The Customer always has the duty to attach, to the return email for consumers or the return form for companies, appropriate photographic and/or video documentation that clearly shows the error or defect.

Refurbished products are covered by a 6-month legal warranty. However, due to the inherent characteristics of refurbished (used) products, any aesthetic and non-functional defects, such as scratches, signs of wear, absence of non-essential accessories for the operation of the product, will not be covered by the legal warranty. The Customer purchasing the refurbished product, being aware of the product's characteristics, cannot claim any inherent defect as a conformity defect.

The additional conventional warranty granted by the Seller for refurbished products lasts for a maximum of 12 (twelve) months from purchase, where provided, and thus specified in the relevant product sheet.

Following the receipt of the email and/or form and the related documentation, the Seller evaluates the reported errors, defects, and non-conformities and decides whether to authorize the return of the Products by providing feedback containing the “Return Code” via email to the address provided when placing the order.

The authorization to return the products does not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return through inspection and technical analysis of the product/products.

For this purpose, the Customer is advised not to handle the product beyond what is strictly necessary and to cover the original packaging of the products with another protective packaging that preserves their integrity and protects them during transport also from writings or labels.

The products for which the Seller authorizes the return for the aforementioned reasons must be returned by the Customer through a carrier with traceable and always insured shipment in case of value over €500, along with a copy of the return authorization communication bearing the “Return Code,” to the following address:, within:

-15 (fifteen) days from the report of the defect or non-conformity;

Following the inspection and technical analysis, the seller will communicate the possible remedies to the buyer, as regulated in these general terms and conditions of sale. Only in the case of contract termination will the amount previously committed on the Customer's payment method be refunded. The possible refund of the paid price and the related shipping costs will be carried out, where possible, using the same payment method used by the Customer at the time of the product purchase. Otherwise, the Customer is invited to provide the IBAN code of their bank account so that the Seller can execute the relevant refund via bank transfer.

In the event that, following the control checks, product tampering or the absence of conformity defects should emerge, the Seller will not apply the warranty and will promptly communicate this decision to the Customer, inviting them to collect the product within a reasonable term, with an express warning that the product for which the warranty is not applied, if not collected within the term indicated by the Seller, will be disposed of or scrapped, with a charge of all expenses incurred by the Seller

The manufacturer's warranty does not apply to the products sold, as the Seller is not an authorized distributor.

B2B CANCELLATION

The right of withdrawal is not appliable if the customer has purchased as "Business". In the event that the order has already been prepared, a penalty fee of 50% of the value of the goods may be applied to confirm the order cancellation, in addition to an administrative fee of 15% calculated on the previous fee.

LIABILITY

The Seller is not responsible for any damage that is not the immediate and direct consequence of contractual non-fulfillment, nor is it in any way responsible for the non-fulfillment of obligations by third parties.

Regarding the shipping services of the products, the Seller assumes no responsibility for the actions of couriers/carriers, nor for the actual delivery of the products to the User. Each shipment occurs at the User's request. The Seller is exempt from any liability from the moment the purchased Products are handed over to the carrier. The Seller is also exempt from any liability if the Customer decides.

COMPLAINTS AND DISPUTE RESOLUTION
Customers regarding the decisions communicated by the Seller can send complaints to the following email address info@motiontechsupply.com. The complaint will be handled promptly within two working days, and the Seller's decision will be communicated promptly to the Customer.

In accordance with and for the purposes of Article 14 of EU Regulation no. 524/2013, Consumer Customers residing in the European Union member states are informed that for the resolution of disputes related to this contract and the online services offered by this site, there is the possibility to use the Online Dispute Resolution (ODR) process, provided by the European Commission, accessible at the following link: https://webgate.ec.europa.eu/odr/.

In compliance with the said regulation, it is also communicated that the ordinary email address of the Seller is info@motiontechsupply.com.

COMPETENT FORUM
The sales conditions are governed by Italian law.

For any dispute arising from the application, execution, and interpretation of these General Terms and Conditions of Sale, the exclusive jurisdiction is the Court of Milan if the Customer has made the purchase for purposes related to business, commercial, professional, or artisanal activities.

For any dispute between the Consumer and the Seller, the competent court is the one in the district where the Consumer resides or has their domicile.

DURATION AND CHANGES
These Conditions will remain valid and effective until any modifications and/or integrations by the Seller.

Any changes to these Terms and Conditions will become effective and binding for the Customer from the moment of publication on the Site and will apply to sales or contact requests made from that date onwards.

MISCELLANEOUS
Customers are advised that the products may be of earlier versions than the latest ones available from the official manufacturer and/or authorized retailers. Any specific requirements regarding the product versions must be specified at the time of the order.

The trademarks and logos possibly indicated on the product pages are the respective rights holders. Their use is made, if necessary, solely for descriptive purposes to faithfully represent the product offered for sale.

The purchase of products is allowed only to individuals

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Las informaciones contenidas en las Hojas de Producto, incluyendo fotografías, textos, ilustraciones, imágenes y/o videos que describan los Productos comercializados en la Plataforma, son publicados online por los Partner Comerciales bajo su propia responsabilidad. Por tanto, no asume ninguna responsabilidad en el caso de que las informaciónes contenidas en las Hojas de Producto proporcionadas por los Vendedores constituya violaciones de derechos de terceros.

1. Introduction

PLC Group SRL provides an online platform (the "Marketplace") on the website www.automationparts.com (and its related domains, the "Site") that allows professional sellers ("Commercial Users" or "Sellers") to offer goods or services for sale to consumers or other professionals ("Buyers") in the industrial automation and electronics sector.

PLC Group SRL performs an online intermediary service, acting merely as a host for the virtual stores. PLC Group SRL does not own the goods put up for sale or sold through the platform, does not transfer ownership of the items from the seller to the buyer, has no role and is not involved in the sales transactions that occur between sellers and buyers, and does not act in any capacity as an agent for the seller. The sales contract is directly concluded between the Commercial Users and the buyers, and therefore, PLC Group assumes no responsibility regarding the sales contract and its proper execution.

These general terms of use (hereafter also "Terms of Use") govern the conditions of using the intermediary service of the Marketplace, which allows Buyers to purchase Products from Sellers.

PLC Group SRL does not guarantee and assumes no responsibility regarding the existence, quality, safety, and legality of the advertised items; the truthfulness or accuracy of the user content, listings, and feedback; the ability of buyers to pay for items; the ability of users to sell, purchase, and make offers; it does not interfere in any way with the content of the product listings and the presentation of the Products. The seller is solely responsible for the sale of the products and for managing disputes with the buyer, with the express exclusion of any liability of PLC Group.

The Products are sold, shipped, and delivered to the buyers by the Commercial Users under their sole responsibility.

2. Acceptance of the Terms of Use and Subsequent Changes

Anyone accessing the Marketplace through the Site expressly and unreservedly agrees to use its contents and services in accordance with the law and the current Terms of Use at the time of access.
Users acknowledge and agree that by clicking on the "Sign Up" button when creating their personal account, preceded by the information "By clicking on Sign Up you accept the General Terms of Use," they will be bound by the provisions set forth in the Terms of Use updated at the time of account creation and at each subsequent access.
PLC Group reserves the right to refuse access to the Marketplace at any time, unilaterally, without prior notice, and at its sole discretion, to users who have not observed these Terms of Use in the past and/or do not observe them now.
Users are aware that the Terms of Use may be modified by PLC Group, which commits to informing users via email or by a specific notice published on the Marketplace, with any changes being announced at least 15 days in advance to allow for adaptation to the changes made. The applicable Terms of Use are those accessible online, and users are obliged to consult the latest version of the Terms of Use available on each page of the Platform.

3. PLC GROUP'S LIABILITY IN RELATION TO ACCESS AND OPERATION OF THE MARKETPLACE

PLC Group commits to providing uninterrupted access to the Marketplace for users and sellers, also ensuring that data transmissions occur without errors. However, uninterrupted access and error-free data transmission cannot be guaranteed due to any cause beyond the control of PLC Group or due to repair, maintenance work, or the introduction of new activities or services, which will be limited to what is necessary.

PLC Group will not be liable for (i) losses that are not a direct consequence of PLC Group's violation of these Terms of Use or (ii) any loss of business opportunity (including missed profits, revenues, contracts, presumed savings, data, goodwill, or unnecessarily incurred expenses) or (iii) any other indirect or consequential loss that was not reasonably foreseeable by both users/sellers and PLC Group at the time of accessing the Marketplace.

4. Access Methods to the Marketplace

PLC Group makes all possible efforts to ensure User access to the Marketplace. PLC Group does not guarantee that the Platform will operate in any operating environment and will always be usable, without interruptions or errors, nor that the errors can be corrected. User access to the Marketplace is subject to PLC Group's obligation of means only.
As the Platform is constantly evolving, it is subject to precise changes and/or temporary or definitive interruptions without notice, especially for maintenance reasons. PLC Group declines any responsibility in case of inability to access the Marketplace due to the aforementioned changes.
In this context, PLC Group reserves the right to interrupt, temporarily suspend, or modify without notice the access to the entire Platform or part of it to carry out maintenance or for other reasons, without deriving obligations or compensations from the interruption.

4.1 Creation of Commercial User Accounts

To offer products for sale on the Marketplace, a Commercial User must create an account, which can be of the type "STARTER," "MEDIUM," "PREMIUM," or "CUSTOM," under the conditions indicated in the "commercial users marketplace contract."

4.2 Creation of Buyer Accounts

Registration and account creation are not mandatory to make purchases. Therefore, the Customer can choose to make purchases as a registered User or as an unregistered User. Registration avoids having to enter the address and shipping details every time a purchase is made on the site.
If the Customer is registered, their billing and delivery data will be automatically displayed and can be changed as needed. If the Customer is not registered, they will be asked to enter such data at every purchase.

5. Conditions for Publishing Offers by Marketplace Users

The use of the Marketplace by Commercial Users entails the prohibition of:

- Posting content or items in an inappropriate category or sections;

- Selling counterfeit items or items that infringe copyright, trademarks, or any other third-party rights;

- Using the Marketplace if lacking the capacity to act and enter into legally binding contracts;

- Posting false, inaccurate, misleading, defamatory, or offensive data;

- Engaging in actions aimed at destabilizing the feedback system;

- Transferring their account (including feedback) and user ID to others without our consent;

- Using contact information of other users for purposes other than completing a specific transaction on www.automationparts.com;

- Copying, modifying, or disseminating rights or content from the site or the services, or the intellectual property rights and trademarks registered by PLC Group;

- Collecting user information, including email addresses, manually or automatically, without their consent.

Commercial Users are obligated to ensure that their listings and content (especially images and other information) are legal and do not violate current laws, third-party rights, these Terms of Use, and other PLC Group rules governing the use of PLC Group's services. Among other things, a Commercial User may not:

- Offer or advertise on www.automationparts.com items whose listing, sale, or purchase violates applicable regulations, PLC Group rules, third-party rights, or is contrary to good morals;

- Manipulate the prices of their own or others' listings, purchase their own items using multiple accounts or in collaboration with other users, or interfere with other users' listings;

- Manipulate the search functions of the services, for example, by improperly inserting brand names or other search terms in the title or description of the item.

A Commercial User who has registered a professional account guarantees that they have the authority to legally bind the company or entity to which the account is registered. If the user uses the Marketplace for commercial activities, they must comply with applicable online sales regulations.

The registration of a legal entity or company account can only be performed by an authorized individual who is properly identified.

Upon request from PLC Group, in accordance with applicable legal obligations, a user who has registered a professional account must provide PLC Group with at least the following information and documents:

- Name, address, telephone number, and email address;

- Company name, VAT number or tax code;

- Bank account details;

- If the seller is registered with a business registry or similar public registry, the registry in which they are registered, the corresponding registration number, or an equivalent means of identification provided in the said registry;

- A statement committing the seller to offer only products or services that comply with applicable regulations.

- Indicate the couriers for shipping, which must be chosen from the following: Bartolini, UPS, DHL, GLS, TNT, FedEx.

If the information provided by the user at the time of account registration changes later, the user is required to immediately update this information on their account.

For every product offered for sale by Commercial Users, the Buyer must be informed about: the fundamental characteristics in a descriptive sheet; the price; available delivery methods and delivery times, which must be specifically indicated and adhered to; the amount of shipping costs; the Seller's return conditions; the Seller's identity and contact information; the Seller's general terms of sale.

These various contents depend entirely on each individual Commercial User, who decides, controls, and modifies them.

6. Conclusion of the Purchase Contract/Order Process

The sales contracts concluded on the Marketplace are exclusively made between the seller (Commercial User) and the buyer.
The contract between the user and the Seller becomes binding on the latter upon completion of the online order process, after entering all required data, accepting the terms and Conditions of Use, and sending the final confirmation of the order by clicking the "CONFIRM ORDER" button.
The sales contract is finalized only after the ordered goods have been shipped by the Seller. In the event that the ordered products are not available, the Seller reserves the right not to send the ordered goods, with no obligation to deliver them. In this case, the Seller will immediately inform the user of the unavailability of the ordered product, and the customer will be refunded the amount paid.
The Products will be subject, in addition to these Marketplace Terms of Use, to the description and conditions published by the Commercial User in their sales space in their Store and to the Commercial User's general terms of sale.
Before purchasing the Product, the Customer must carefully read, consult, and review the description, information, and characteristics of the Product, the applicable sales, shipping, and return conditions, and accept them before proceeding with the purchase of the Product.
Every individual user who has access to the Marketplace can:

- place an order with the Commercial User;

- track their order from the Account section;

- contact the Commercial User via email;

- access the invoice provided by the Commercial User.

The Buyer can add products from different Sellers to the cart, even though not all sales may be compatible with each other. Any incompatibility in some sales will be communicated to the Buyer before validating the cart.
The terms and conditions of each Commercial User are binding only for the Buyer and the Seller (in no case will they be for PLC Group).

7. Payment of Products

The Buyer proceeds to settle their Orders on the Marketplace according to the payment methods available on the Platform. Payment for Orders placed through the Platform is made to the Marketplace or payment service providers who collect funds on behalf of the Seller, or, in the case of sellers with a custom plan, directly from the seller.
Orders from Buyers who have not fully settled a previous Order or who are in dispute over payment-related issues may be refused. For each Product Order, the Buyer can access their invoice, which will be:

- Included in the package delivered to them,

- Available in the Order details,

- Sent via email at the time of the Order's shipment.

In case of delivery outside of Italy, customs duties and possible taxes may apply, for which PLC Group is not responsible.
In the event of a refund to the Buyer for any reason, the same payment method used by the Buyer at the time of the Order will be used, regardless of the reason for the refund.

8. Delivery of Products

The Seller is legally responsible to the Buyers for fulfilling Orders placed through the Platform and ensuring the successful transport of the Products by their carriers.
Since PLC Group plays no role in shipping the Products, it cannot be held responsible for any delivery delays by the Seller. Consequently, the Seller is responsible to the Buyers for all delivery-related issues. Each Seller has their own delivery terms, which can be reviewed on the Product page by clicking on the Seller's name under the "Shipping" section, as well as in each Seller's General Terms of Sale. The purchased Products will be delivered to the address provided by the Customer at the time of the order and in accordance with the Seller's delivery terms. Depending on the Product sold, each Seller will offer different delivery options to the Buyer.
The Products will be shipped directly by the Seller or by providers appointed by the Seller, who will be responsible for delivering the Product to the delivery point. If the Customer has purchased items from different Sellers in the same order, they will receive separate packages. The minimum shipping costs will be indicated to the Customer on the Product's descriptive sheet or via a separate email communication.
If an order is placed with different Sellers, shipping costs must be paid to each of these Sellers. The total amount of applied shipping costs will be indicated to the Customer in the order summary at the time of payment, before the Customer validates the order.
The shipping costs will be considered accepted by the Customer at the time of purchase. The Seller commits to delivering the Products to the Customer within the specified timeframe at the time of the order and in accordance with their general terms of sale.
If there is a delay in delivery by the Seller, the Customer can contact the Seller of the Products in question through the messaging form accessible from the personal order tracking area.

9. Right of Withdrawal and Returns

The return conditions are available in the general terms of sale of each individual Seller. The conditions and costs of return may vary depending on the Seller. Therefore, it is important for the Customer to carefully examine the return conditions and related costs before making a purchase.
The Seller must comply with the provisions of the Consumer Code (Legislative Decree 206/2005). Thus, the Consumer Customer can exercise the right of withdrawal for a period of fourteen (14) calendar days from the receipt of the Product or from the conclusion of the contract if the contract's subject is the provision of services.
In accordance with the Consumer Code (Legislative Decree 206/2005), the right of withdrawal cannot be exercised exceptionally for certain purchases.
The Seller is the only party responsible for ensuring the proper exercise of the Customer's right of withdrawal. This right of withdrawal will be exercised exclusively with the Seller, in accordance with the Seller's general terms of sale and the instructions provided by the Seller. To exercise the right of withdrawal and return a Product, the Customer purchasing as a consumer (who selects the "private" and not "business" option at checkout) may contact the Seller for this purpose through the messaging interface accessible from the personal order tracking area or alternatively follow the return procedure communicated via email by the Seller.
The return procedure for Products will follow the conditions set forth by the Seller from time to time. Any refund for the price of the Products and the return costs to the Customer will be determined and, if applicable, carried out according to the conditions established by the Seller.
Once the Seller has received the returned Product and authorized the refund, it will be issued using the same payment method used for the initial purchase, within 15 business days.
Notwithstanding the above, Products that do not meet quality standards or that have defects or anomalies that could impair their correct use by the Customer can be returned to the Seller, who assumes responsibility in accordance with the legislation in force regarding consumer protection.

10. Product Warranty

The Seller is responsible for delivering the Products in accordance with the sales contract and must offer Buyers a legal warranty on the Products as established by the Consumer Code (Legislative Decree 206/2005), along with the warranty for hidden defects provided by the Italian Civil Code.
This right related to legal warranties will be exercised exclusively with the Seller, in accordance with the Seller's general terms of sale. The Buyer can contact the Seller for this purpose through the messaging interface accessible from the personal order tracking area.
PLC Group also encourages Buyers to review the Seller's warranty instructions provided with the Products and the exact terms of any additional warranties offered.
In any case, PLC Group assumes no responsibility if the manufacturer refuses to apply their warranty. In the event of any problem with a Product, the Buyer must keep the purchase invoice and contact the Seller. Despite any additional warranty, the Buyer continues to benefit from the provisions related to legal warranties, as indicated in the previous clause.

11. Reviews

Customers are allowed to post reviews to evaluate their purchase, provided that the content is not illegal (i.e., obscene, abusive, intimidating, defamatory, does not violate privacy, intellectual property rights, or is otherwise offensive towards PLC Group and/or third parties, or reprehensible and does not contain viruses, political propaganda, commercial solicitation, chain letters, mass emails, or any form of spam).
Customer reviews should be honest comments about a product provided by someone who has purchased it.
One should not use a false email address, pretend to be someone else or otherwise lie about the origin of a card or other content. PLC Group reserves the right (though not obligated unless specifically reported) to remove or modify such content.
In any case, the Customer acknowledges being the author and sole responsible for any reviews they transmit, disseminate, exchange, or otherwise make available to the Seller and agrees to indemnify and hold PLC Group harmless from any claims and/or demands from third parties arising from their reviews.

12. Notice and action mechanism for Suspension, Termination, and Limitation of Online Intermediation Services

PLC Group has implemented a mechanism that allows all Users to notify of any controversial/illegal content on the Platform they become aware of. This mechanism allows their removal, such as content related to the repression of the apology of crimes against humanity, provocations to commit acts of terrorism and their apology, incitements to racial hate, hate towards people because of their sex, sexual orientation or identity, and disability, as well as child pornography, incitement to violence (for example, incitement to sexual and sexist violence), as well as violations of human dignity, to allow the removal of the content in question.
Users may also report to PLC Group content protected by intellectual property rights. To report presumably illegal content, the user must fill out a specific online form accessible by clicking on the "Report Violation" section.
PLC Group will immediately send a receipt confirmation of the report and will promptly inform the User who posted the reported content, allowing to forward to this User the content of the report and the data submitted with the report. The identity of the person who made the report will be communicated to the user only if strictly necessary.
For the verification of the report, PLC Group will use a manual review system and will gather information from the User the report refers to.
Following the checks, PLC Group will notify the person who made the report about its decision regarding it, providing information on the available recourse options related to that decision.
PLC Group may decide to adopt the following measures towards the User who posted the reported content: warning the User; termination, suspension, or limitation of online intermediation services in favor of the Commercial User.
The same measures may be adopted by PLC Group in all cases where the User violates the provisions contained in these terms and conditions. For each measure of termination, suspension, or limitation of online intermediation services, PLC Group will provide the following reasons and information:

a) Information indicating whether the decision involves the removal of information, disabling access to it, demotion, or limitation of the visibility of the information, or the suspension or termination of monetary payments related to such information, or imposing other measures concerning the information, and, where appropriate, the territorial scope of the decision and its duration;

b) The facts and circumstances on which the decision is based, including, where appropriate, information indicating whether the decision was taken based on a report made according to this article or was based on voluntary investigations of its own initiative and, where strictly necessary, the identity of the notifier;

c) Where appropriate, information on any automated tools used to make the decision, including information indicating whether the decision was made regarding content identified or detected using automated tools;

d) If the decision concerns alleged illegal content, a reference to the legal basis invoked and an explanation of the reasons why the information is considered illegal content under that legal basis;

e) If the decision is based on the alleged incompatibility of the information with the general conditions of the information storage service provider, a reference to the contractual clause invoked and an explanation of the reasons why the information is deemed incompatible with such clause;

f) Clear and easy-to-understand information on the means of recourse available to the service recipient concerning the decision, particularly, if applicable, through internal complaint management mechanisms, alternative dispute resolution, and judicial recourse.

In making a decision about a report, PLC Group will consider the circumstances of the individual case and, in particular, as known to PLC Group:

- The severity, frequency, and periods of misuse or committed violations;
- The relationship between the misuse or committed violations and the user's other behaviors;

- The underlying reasons for the misuse or committed violations, as far as identifiable by PLC Group;

In adopting a measure, PLC Group will also consider the legitimate interests of the user affected by the measure, other platform users, and any rights holders. In particular, PLC Group will take into account the severity of the respective violation and the presence of elements indicating that the user is not responsible for the violation. PLC Group will also consider that the respective measure can only be adopted if there are valid, substantiated, and justified reasons. This is especially true if the measure to be adopted could have severe disadvantages for the affected user.

13. Measures in Case of Abusive notice

PLC Group has the right to suspend for a reasonable period or permanently the handling of reports from users and third parties regarding presumably illegal content if the user or third party in question has frequently submitted manifestly unfounded reports.
Similarly, PLC Group has the right to suspend complaint handling for a reasonable period or permanently if the complainant has frequently submitted manifestly unfounded complaints.

14. Withdrawal

Users who use the Platform as consumers, in accordance with the Consumer Code, have the right to withdraw within 14 days from the acceptance of these Terms of Use. The user acknowledges and agrees that the provision of intermediary services and their use by the user begins with the acceptance of these Terms of Use, which occurs at the time of account registration on the site.
The user may inform the Marketplace of their intention to exercise the right of withdrawal via email at the following address info@automationparts.com
Notwithstanding the above, the Marketplace and Commercial Users may withdraw from this agreement with a two (2) month notice.
Commercial Users who offer goods or services to consumers through the Marketplace's intermediary services can request clarification on the facts and circumstances of the withdrawal through the Marketplace's internal complaint management system.

15. Access to Data

In the context of the Services, PLC Group has access to various information about commercial users, including personal data. This also includes various information that users submit to PLC Group as part of the services (such as contact information or item descriptions) as well as information that is generated by providing or processing online intermediary services (e.g., ratings, sales analyses, or communications).
Through the Account section upon request, Sellers will be able to access their aggregated performance information and analyses of their listings. PLC Group does not share user information with third parties.
Upon account termination, PLC Group will delete all information provided by the user or generated by their use of the services through their account. Nevertheless, PLC Group will retain some information after contract termination if required by law or if there is a legitimate interest. Typically, aggregated data generated from the use of the services (e.g., sales statistics in a category) will be retained. For information related to data processing by PLC Group, including the sharing of such data with third parties and your rights as a data subject, please refer to the Privacy Notice for users.

16. Complaint Management

If PLC Group adopts one of the measures referred to in Article 12 of these Terms of Use, in relation to uploaded content, affected users will have the opportunity to request clarification, online and free of charge, regarding the facts and circumstances underlying such a measure, as part of PLC Group's internal complaint management system. Users or third parties who have submitted a report of allegedly illegal content will also have the opportunity to file complaints, in case such report has been rejected by PLC Group in whole or in part.

Users may appoint an entity, organization, or association that operates on a non-profit basis, duly established under the law of a Member State and with a legitimate interest in ensuring compliance with the Regulation (EU) 2022/2065 ("Digital Services Act"), according to its statutory purposes, to submit complaints on their behalf. PLC Group guarantees that such complaints will be treated with priority and without unjustified delays. Complaints should be sent to the following email address info@automationparts.com and must contain: all references to the report and the decision to which they refer; the reasons on which they are based; any evidence on which they are based. The opportunity to submit a complaint under the previous paragraphs is provided for a period of six months. This period starts from the day the user was informed of the measure adopted or the rejection of the report. PLC Group will handle complaints submitted through the internal complaint management system promptly, in a non-discriminatory, diligent, and objective manner. If a complaint contains valid grounds indicating that the contested decision is incorrect, PLC Group will promptly cancel the measure or the contested decision, to the extent that this is technically possible and reasonable.

17. Mediation under Article 12 of Regulation (EU) 2019/1150

Following the complaint procedure referred to in the previous article, and without prejudice to the judicial remedies applicable as set forth in the subsequent point 21 of these Terms of Use, sellers acting within their commercial or professional activities may request to resolve a dispute with PLC Group through the mediation procedure. The dispute can be brought forward by both parties to the following entities:

- International Arbitral Chamber

- Reconcilia ADR

Before the start of mediation or during the mediation, the Seller may request more information from PLC Group about the operation of the mediation and the aforementioned entities.

18. Intellectual Property

18.1 Marketplace Content

Any use, reproduction, copying, dissemination of one or more elements of the Platform is prohibited.
The set of content and services of the Platform, including but not limited to trademarks, distinctive signs, domain name, texts, graphics, designs, sounds, images, audio and video content, navigation plan, the design and organization of its sections, their titles, existing or future, is protected by intellectual and/or industrial property rights, held, claimed, or licensed by PLC Group. PLC Group grants all Users a non-exclusive, personal, and non-transferable right to use the Platform and the Services for the purposes set out in these Terms of Use. This right is granted for the duration of the Use of the Platform. This grant of rights does not involve the transfer of any intellectual and/or industrial property rights in favor of the User.

18.2 User-Generated Content

The content of Product Sheets, including photographs, texts, illustrations, images, and/or videos that describe the Products marketed on the Platform, are published online by Commercial Users exclusively under their responsibility. Therefore, PLC Group disclaims any liability in the event that the content of the Product Sheets provided by Merchants constitutes violations of third-party rights. In the case of a proven violation of a third party's rights regarding the publication of an entire Product Sheet or part of it on the Platform, PLC Group commits to do its best to ensure that such violation ceases promptly as soon as it becomes aware and to remove from the Marketplace the content subject to the dispute.

19. Contact Point

In accordance with Article 11 and 12 of the European Regulation 2022/2065, the following contact point is designated:

PEC plcgroupsrl@pec.it

20. Responsibility and Role of the Marketplace

PLC Group, as the Platform operator, acts as a simple intermediary to connect Merchants and Users on the Platform. As a host, PLC Group cannot be held civilly liable for activities or information stored on the Platform, unless it was actually aware of their illegal nature or of the facts and circumstances that present such character or if, once it became aware, PLC Group acted promptly to remove such data or to prevent access to it.
Therefore, PLC Group cannot be held responsible for:

- Product Sheets and Seller Sheets and, more broadly, all content and/or information provided by Sellers about the characteristics of the Products or their status or price, as Sellers are the sole responsible for the proper execution of their pre-contractual information obligations towards users, as well as for the truthfulness, completeness, and updating of provided information and content, except for proven faults by PLC Group;

- Feedback and opinions published by users concerning their orders;

Furthermore, PLC Group is not subject to a general obligation to monitor information provided by Merchants and stored on the Platform on their behalf.

Any liability of PLC Group for any delay or failure to fulfill the obligations set out in these Terms of Use where the delay or failure results from force majeure is excluded, it being understood that any non-compliance regarding the activities of offering for sale, sale, and shipping of products on the Marketplace is attributable exclusively to the individual Seller and not to PLC Group.

Finally, it is reminded that:

- Products are offered for sale and marketed by Merchants on the Platform exclusively under their responsibility;

- PLC Group is not a party to the sales contract concluded between Buyers and Merchants at the time of the order placement.

Therefore, PLC Group cannot be held responsible for any disputes related to Orders placed through the Platform, except in cases where a specific negligent conduct by PLC Group is demonstrated.

PLC Group disclaims any liability:

- in case of deletion, impossibility of storage, incorrect or untimely transmission of information or data reported on the Platform or resulting from the Services;

- in case of damage to the User related to the performance or non-performance of the Platform Services;

- in case of damage that may result from the download or use of information or data available online through the Platform Services, such as those caused on computer systems and data loss.

21. Disputes and applicable law

These Terms of Use of the Platform are governed by Italian law. They are drafted in Italian. In the event that these are translated into one or more languages, only the Italian text will prevail in case of disputes. The competent court is the Court of Milan. In accordance with applicable law, the consumer may choose at their discretion, in addition to the territorial jurisdiction competent under the civil procedure code, that of the place where they resided at the time of the contract conclusion or the occurrence of the harmful fact. The European Commission provides consumers with the Online Dispute Resolution Platform to resolve disputes out of court. Consumers can file a complaint at the following link: http://ec.europa.eu/consumers/odr/.

Motion Tech · Tus reseñas

QC Industrial Automation

2024-11-11

Fast shipping and high item availability. Excellent system for choosing and offering products via their website. Definitely a great service.

Power Alliance Inc

2024-11-07

Quick responses via email and very quick deliveries

Wire Mesh Texas

2024-11-04

Fair prices, efficient website that allows you to easily find spare parts

Omap srl

2024-10-31

Dopo le varie telefonate intercorse non posso altro che complimentarmi con il personale. Ci hanno seguito in tutti i processi degli ordini effettuati. Semplicemente formidabili

RAZCO Ltd

2024-10-29

Competitive prices, products shipped and delivered within the stated times. I will buy from them again and I recommend everyone to rely on them.

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