GENERAL TERMS AND CONDITIONS FOR USE OF THE SITE AND FOR ONLINE SALES

Automation Parts (“AP”)

MotionTech s.r.l., acting through its legal representative pro tempore, whose registered office is located at VIA GUGLIELMO MELISURGO 15, NAPOLI 80133,

Tax code/VAT no. IT 12408360969, PEC [email protected], entered in the Companies Register of Naples (hereinafter, the “Seller”).

The website automationparts.com and the “Automation Parts” trademark belong to PLC Group S.r.l., whose registered office is located at Via Melisurgo 15, 80133 Naples (NA), Tax code/VAT no. 10093991213 (hereinafter, “PLC”).

WHEREAS

PLC is the owner of the “Automation Parts” trademark and of the website http://automationparts.com (hereinafter, the “Site”); the Site may not be reproduced, in whole or in part, nor transferred by electronic or traditional means, modified, linked or used without PLC's prior consent.

The Seller uses the Site to market the Products and Services offered on it. PLC does not act as Seller of the Products marketed through the Site and is not a party to the sales contracts concluded through it, which are entered into solely between the Customer and the Seller.

The Seller is not an authorised reseller of the products shown on the Site or included in quotes. Consequently, the Products may bear codes with an earlier date or come from earlier production runs than those available from the official manufacturer and/or authorised resellers. Any requirement concerning year of production, revision, version, firmware or other specific characteristics must be expressly stated by the Customer when placing the order.

The Seller declares that, based on the checks performed under its internal supply chain control procedures, the Products marketed through the Site are purchased from qualified suppliers and through supply channels considered legitimate.

All trademarks, logos, supplier names and services mentioned are trademarks of their respective companies and belong to their respective owners. Third-party trademarks, logos or distinctive signs are used on the Site solely to identify the Products marketed, and such use does not imply any approval, sponsorship, partnership or other form of connection between the Seller and their respective owners.

Through the Site, the Seller markets products for industrial, electronic and marine automation, including, by way of example and not limitation, PLCs, HMI operator panels, motors, drives, motion systems, electronic components, power supplies, modules, software, CNC systems, robots, safety systems and similar products, in accordance with Legislative Decree No. 70 of 9 April 2003 on electronic commerce and Articles 45 et seq. of Legislative Decree No. 206 of 6 September 2005 (the “Consumer Code”), in the version in force from time to time.

The Seller may also market digital content, digital services and goods with digital elements; the provisions of Articles 135-octies et seq. of the Consumer Code apply to such products, insofar as compatible.

The Seller accepts orders both from Customers who qualify as Consumers and from Customers acting in the course of their own entrepreneurial, commercial, craft or professional activity.

Under Article 3, paragraph 1, letter a), of the Consumer Code, a Consumer means a natural person acting for purposes outside any entrepreneurial, commercial, craft or professional activity they may carry out.

Entering a VAT number during the purchase procedure gives rise to a presumption that the purchase is made for purposes connected with the Customer's entrepreneurial, commercial, craft or professional activity.

Sales made to parties who do not qualify as Consumers are governed by these General Conditions of Sale and by the provisions of the Italian Civil Code, excluding, to the extent permitted by law, the protections reserved for Consumers.

Purchasing the Products and Services is permitted only to persons who have reached 18 years of age.

The foregoing recitals form an integral and substantial part of the General Conditions of Sale.

1. CONDITIONS OF USE

The Seller-Customer relationship is governed by the legal conditions in force on the date the purchase order is transmitted. These conditions may be amended at any time; any amendments and/or new conditions take effect from the moment they are published on the Site.

Before submitting the order and, therefore, paying for it, the Customer must read these terms and conditions carefully. Transmitting the order entails full knowledge and express acceptance both of these general conditions of sale and of what is stated in the purchase procedure.

For any request or information, the Customer may reach the Seller through the contact details given in the "Contacts" section of the Site, as well as through any further assistance and contact channels made available on the Site.

The Customer acknowledges, accepts and consents that every communication, notification, certification, information, report and, in general, all documentation concerning the operations performed in connection with the purchase of the Products and/or Services will be sent to the email address provided by the Customer upon registration, quote request or order transmission, or subsequently notified to the Seller, with the option to download the information onto a durable medium in the manner and within the limits provided by the Site.

2. SUBJECT

This Contract sets out the conditions applicable to the sale, by electronic commerce, of the Products and Services offered by the Seller on the Site, both to Customers who qualify as Consumers and to Customers acting in the course of their own entrepreneurial, commercial, craft or professional activity.

The Customer may purchase only the Products available on the Site at the time of browsing and of transmitting the order or quote request. The images and graphic representations published on the Site are purely illustrative and may not faithfully reflect the actual characteristics of the Product, from which they may differ, for example, in colour, size, configuration, revision, version, firmware, accessories or other elements. For the purposes of the purchase contract, only the description of the Product given in the relevant information sheet and, subsequently, in the order form or in the quote accepted by the Customer shall be binding.

The Contract is performed towards the Customer identified on the basis of the data provided upon registration, quote request or order submission, transmitted electronically after acceptance of these General Conditions of Sale.

The Products marketed through the Site may be offered and delivered in the countries indicated from time to time by the Seller during the purchase procedure or in the relevant commercial documentation. Entering a delivery address located in a country not supported by the Site or not authorised by the Seller may prevent the purchase from being completed or lead the Seller to reject the order.

3. PURCHASE PROCESS

Purchases can be made either through the Site or offline.

With regard to the offline option, it is in fact possible to:

send, using the dedicated form (“quick quote”) available on the Site, a specific quote request, including for products that cannot be purchased or are not visible online, providing all the necessary details (for example, company name, email, product code, brand and quantity requested);

obtain a so-called “quick quote” by using the contact details given on the Site. Negotiations will then continue offline and the contract shall be deemed concluded when the Seller receives the order confirmation duly signed by the buyer and sent through official channels (pec, email or any other means specified on the site). These conditions of sale also apply to offline purchases and will be attached to or referenced in each quote and accepted by means of a specific signature. The prices stated in the quote may differ from those published online due to variables such as, by way of example and not limitation, product type, quantity and availability.

Registration is not required for online purchases: the Customer may therefore buy on the Seller's site either as a registered User or as an unregistered User. Registration avoids having to enter the address and shipping details for every purchase on the Site. If the Customer is registered, their billing and delivery details are shown automatically and can be amended when necessary; if they are not registered, they will have to enter such details for each purchase.

After adding one or more products to the cart, the Customer sees a summary of the details and may decide to proceed with the order confirmation. Then, in order to conclude the contract and transmit the order definitively, the Customer is asked to enter, on a single page, the delivery address details (which may differ from the billing address) and the payment method with the relevant details. Once the Customer has confirmed the order summary (“buy” button), the Seller processes the payment.

The Seller confirms correct receipt of the order by an email message sent to the email address provided by the Customer when filling in the order form; from that moment, the contract between the Seller and the Customer is deemed finalised. The message states the date and time the order was received, a 'Customer Order Number' to be quoted in all subsequent communications with the Seller, the link to the site page containing the 'Terms and Conditions' of Sale accepted by the Customer, the information strictly necessary to summarise the essential characteristics of the product purchased, as well as the price, the payment method used, the delivery costs and any additional costs. The message also summarises all the data entered by the Customer when confirming the order; the Customer undertakes to check that they are correct and to report any corrections promptly by email to the addresses indicated above and shown on the Site, or via the live chat available at the same url.

If registered, the Customer can check the status of their order by logging into their reserved web area, in the “My orders” section.

The Seller must be able to request further information by email or telephone, in particular in order to fulfil its contractual obligations correctly; the Customer is therefore required to enter truthful data in the order form.

The Seller reserves the right not to process purchase orders that do not offer sufficient guarantees of solvency or that are incomplete and incorrect, undertaking to notify the Customer promptly. Where the order form has been submitted and the price paid, the Seller will refund the amount already paid.

4. PRODUCT AVAILABILITY AND ORDER CANCELLATION

a) Every order is subject to the availability of the products requested. The Site is updated automatically and continuously to ensure the greatest possible match between the Seller's actual availability and that shown on the Site.

b) The quantities of product available at the time of the order are not shown on the site. Since product availability may change as a result of many user-customers accessing the site at the same time, of "offline" orders being placed at the same time and of the varying quantities of each production run depending on the supplier, the Seller does not guarantee with certainty that the goods ordered will be allocated.

c) For certain products subject to price promotions, the Seller reserves the right to accept orders for reduced quantities, subject to notice to the Customer and the Customer's acceptance; failing such acceptance, the order is deemed cancelled.

d) If the products are unavailable, the Seller may cancel the order, informing the Customer by email that the contract has not been concluded and that the order has not been processed, stating the reasons. In such case, before issuing a refund, the Seller proposes a replacement with a similar product or another available solution (surplus rush service, product in a different condition), which must in any event be expressly accepted by the Customer. If the replacement product is not accepted, the amount previously committed on the Customer's payment method is refunded and the refund is confirmed by email.

e) In every case of cancellation of the order by the Seller, whatever the reason, it is understood that the Seller cannot be held liable for any damage resulting from the cancellation.

f) The order may also be cancelled at the Customer's request, to be sent to the email address [email protected], preferably in reply to the order confirmations, subject to assessment and approval by the Seller; cancellation is free of charge only if the Seller has not yet started preparing the order, which can be checked in the “my orders” section or through the email notifying the start of preparation. The price paid is refunded in accordance with the instructions provided from time to time by the Seller.

g) Where the cancellation conditions set out in the preceding points are not met, the Customer may nevertheless request cancellation, subject to the Seller's confirmation and to payment of (i) the administrative handling contribution, (ii) the purchase costs of backorder components, (iii) transport costs, (iv) customs charges, (v) collection and currency exchange fees already incurred, if any, by the Seller for the cancelled order, as well as, solely for B2B orders placed by Customers who do not qualify as Consumers, of a possible variable penalty ranging from a minimum of 20% to a maximum of 40% of the value of the products covered by the cancellation request, plus a further reduction in value if the goods are returned in a condition different from that in which they were sold. The total costs will be notified to the Customer after the cancellation request. The cancellation will become effective upon the Customer's express confirmation of the costs notified by the Seller; if no reply is received within and no later than 72 (actual) hours, confirmation of the cancellation shall be deemed tacitly given. The costs of the return shipment of the cancelled order are borne by the Customer; such shipment must always be trackable and, if the value of the goods exceeds €500, also insured.

5. PRICES AND PAYMENTS

All published prices include VAT at 22%, as required by Italian regulations for deliveries in Italy. For purchases shipped to other EU countries made as a final consumer (B2C), the VAT of the destination country will apply and be recalculated before payment; for business (B2B) customers entering a valid VAT number (VAT ID), no VAT will be charged. Once the order has moved to “shipped” status, it is no longer possible to obtain a VAT refund by changing the billing details (changing the invoice header has no retroactive effect for the purposes of applying or removing VAT).

The Seller may change the sale prices of the Products at any time, without notice and without any obligation to give reasons or details.

If an incorrect and/or manifestly derisory price is published, for any reason whatsoever (system error, human error, etc.), the order is cancelled, even if it had initially been validated.

Only the prices shown in the order confirmation sent to the Customer after the order is submitted are valid.

The prices shown in each Product's sheet do not include shipping costs, which are instead displayed in the order summary as soon as the product is added to the cart and in any event before the Customer is asked to confirm the order. The Seller may change shipping costs at any time, but changes do not apply to orders already submitted and accepted.

For orders shipped outside the EU, the Customer may be required to pay import duties and/or taxes, payable upon arrival of the products at the stated destination and therefore not quantifiable or determinable in any way by the Seller. Such costs remain payable by the Customer and cannot be refunded by the Seller for any reason. The amount of the international duties and/or taxes charged by the destination country cannot invalidate this contract nor justify withdrawal by the Customer, who will be informed of the existence of further, undetermined costs at the time of payment or, more precisely, when selecting the shipping country during check-out.

All purchases made on the site are secure, being protected by SSL certification and the related HTTPS protocol. The payment methods offered rely exclusively on multi-referenced circuits.

Payment can be made via Paypal, by credit card via Paypal, by bank transfer or by credit/debit card via Stripe, as described in the purchase procedure. It is understood that the Seller is not party to the contractual agreements entered into by the Customer with the payment companies. The Customer also warrants to the Seller that, at the time of submitting the order, they hold the authorisations necessary to use the chosen payment method.

All orders are payable in Euro, inclusive of mandatory taxes and contributions. Any bank charges are borne solely by the Customer, including in the event of a refund.

At no stage of the purchase procedure does the Seller have access to the Customer's credit card details, which are transmitted, via a connection protected by an encrypted protocol, directly to the site of the party handling the electronic payment.

Consequently, the Seller can in no event be held liable for any fraudulent and improper use of credit and prepaid cards by third parties.

For each order, if the Customer has expressly requested it by ticking the relevant box in the order submission form and has provided the necessary details (valid VAT number or Tax code), the Seller issues the invoice for the shipped order and sends it by email to the Customer in whose name the order was placed. The details shown on the invoice are those provided by the Customer when the order was processed. Once the invoice has been issued in electronic format, no changes can be made to it.

Only to Customers who have already successfully completed at least 3 orders with the Seller may the Seller grant, at its discretion and subject to agreement between the parties, payment for a new order by means other than advance payment (e.g. payment 30 days from the order, payment when goods are ready, etc.).

6. METHODS OF FULFILMENT, DELIVERY AND APPLICATION OF THE PENALTY

The Seller accepts orders only for delivery to the countries provided for on the Site.

The products purchased may be delivered to the address indicated by the Customer in the order by the date stated in the relevant Shipping Confirmation or, alternatively, collected from the Seller's premises by the courier chosen by the Customer (Pick up). In the latter case, the Customer must arrange collection of the products no later than 30 days from when the goods are ready for delivery. If the carrier chosen by the buyer fails to collect them, no liability can be attributed to the Seller and a percentage between 20% and 40% of the value of the goods will be withheld as a penalty; the remainder of the price will be returned using the same payment method used by the Customer to purchase the Product. Otherwise, the Customer will be asked to provide the IBAN of their bank current account so that the Seller can make the refund by bank transfer. "Order fulfilment times" means the period between receipt of the order and handover of the product to the courier.

Delivery times for the goods ordered are purely indicative and may vary due to force majeure, traffic and road conditions in general, measures by the Authorities or any delays attributable to the carrier and/or to the company supplying the products. The Seller therefore cannot be held liable for any delay in fulfilling the order or delivering the goods.

For goods with “Available” status, indicative delivery times are normally between 1 and 10 working days. For “Available on Order” goods, indicative delivery times are up to 10 weeks; otherwise, delivery times will be notified by email. Cancellation of an “Available on Order” order is governed by Article 4, letter g), of this document, “Product availability and order cancellation”. Delivery times may vary as a result of production delays by the manufacturer or processing delays by the supplier. The goods are shipped in packaging prepared by the Seller, which varies according to the products ordered, their number and their weight/volume.

Unless otherwise stated in the order summary before purchase, shipping costs, where applicable, are borne by the Customer and specified before payment. The Seller reserves the right to change its shipping policies at any time, giving specific notice on the Site. The Customer pays for the goods using the method chosen when placing the order.

Delivery is deemed to have taken place, and the order delivered, when the Customer, the recipient of the order other than the Customer or in any case a third party designated by the Customer or belonging to the Customer's company who identifies themselves as such upon receipt of the goods (among others, an employee, collaborator, etc.) obtains physical possession of the product, as evidenced by the signature, by one of those persons, of the order receipt at the agreed shipping address. Once the declaration of the person to whom the goods are entrusted/delivered has been obtained, no liability for non-receipt of the goods can be attributed to the Seller.

It is the Customer's responsibility – or that of the persons mentioned above – to be available during the day, on the days indicated for collection of the products, at the address specified at the time of purchase.

If, when the courier calls on the days and/or time slots notified, the Customer – or anyone acting on their behalf or the recipient of the products – is absent, the courier makes 2 (two) further delivery attempts after the first unsuccessful one. If the products still cannot be delivered after the three attempts, the courier opens a storage procedure. The goods may be held in storage for up to 7 working days at no additional cost to the Customer. Failure to collect within that period results in cancellation of the order by the Seller and refund of the full amount paid, less the costs of the failed delivery, the costs of returning the goods to the Seller and any other costs accrued from the day following the one on which the courier left the delivery notice. The termination of the contract, the amount refunded and the costs withheld are notified to the Customer by email to the address given at the time of the order.

Upon delivery of the products, the Customer must check:

- that the number of packages delivered matches the number shown in the transport document received;

- that the packaging is intact, undamaged and in no way altered, with the closing seals unbroken.

Any external damage or discrepancy in the number of packages must be disputed immediately with the courier making the delivery, by writing "collection with reserve". In the case of a damaged package, the courier's waybill must state: "collection with reserve because the package is damaged".

After signing the courier's document, the Customer may not raise any objection concerning the external characteristics of what was received.

If the Customer provides an incorrect shipping address, the order will be delayed and additional shipping costs and handling charges will be applied for returned or redirected orders; in such case, no refund may be requested.

7. REVIEWS

A Customer who buys one or more products may, after receiving them, rate the product by leaving a review (“Review”). The Review must concern the product received and not the services (for example delivery) and is published under a pseudonym chosen by the Customer.

The Customer warrants that all information, messages, texts or data made available on the Seller's site through a Review are original and do not infringe third-party rights such as, for example, copyright or other intellectual property rights.

The Customer acknowledges being the author of, and solely responsible for, each Review they transmit, disclose, exchange or otherwise make available to the Seller, and undertakes to indemnify and hold the Seller harmless from any claim and/or demand by third parties arising from their Reviews.

The Customer undertakes not to disseminate or “post” Reviews containing sensitive data, and not to enter/publish content of a child-pornographic, pornographic, obscene, blasphemous, defamatory or offensive nature, content contrary to public order or morality, content that promotes or encourages illegal activities, or content containing viruses or other programs capable of damaging the operation of other people's computer systems.

The Seller declares that it never exercises editorial control over Reviews and does not check their lawfulness, truthfulness, soundness, accuracy, non-misleading or non-offensive nature. The Seller nevertheless reserves the right to refuse and/or remove, at its discretion, Reviews it considers unsuitable.

The Seller accepts no liability for damage, claims or losses, direct or indirect, suffered by the Customer or third parties as a result of the transmission, disclosure, exchange or making available of Reviews provided by Customers.

The Customer accessing the Site declares to be aware that reviews may contain content they consider inappropriate or likely to offend the sensitivities of certain people, and acknowledges in any case that responsibility for Reviews lies with their respective authors and not with the Seller.

8. RIGHT OF WITHDRAWAL

8.1 Consumer's right of withdrawal

Pursuant to Articles 52 et seq. of the Consumer Code, a Customer who qualifies as a Consumer may withdraw from the contract without giving reasons and without incurring costs other than those provided for by the applicable legislation, within 14 (fourteen) days from the day on which they acquire physical possession of the Products or, in the case of multiple deliveries, from the day on which they acquire physical possession of the last Product.

The right of withdrawal is not granted to Customers acting in the course of their own entrepreneurial, commercial, craft or professional activity.

The Consumer exercises the right of withdrawal by means of an explicit statement of their decision to withdraw from the contract.

For this purpose, the Consumer may use: (i) the dedicated withdrawal function available on the Site pursuant to Article 54-bis of the Consumer Code; or (ii) any other explicit statement of their intention to withdraw from the contract, sent to the contact details indicated by the Seller. Using the withdrawal function on the Site, the Consumer may send electronically a withdrawal statement containing the information needed to identify the contract from which they wish to withdraw and the electronic address at which to receive communications concerning the withdrawal.

Once the withdrawal statement has been sent via the dedicated function, the Seller will send the Consumer, without undue delay, an acknowledgement of receipt of the withdrawal on a durable medium, setting out the content of the statement and the date and time it was sent.

The right of withdrawal is deemed exercised in time if the Consumer sends the withdrawal statement before the withdrawal period provided for by the applicable legislation has expired.

8.2 Return of the Products

A Consumer who withdraws must return the Products without undue delay and in any event within 14 (fourteen) days from the date on which they informed the Seller of their decision to withdraw from the contract.

The deadline is met if the Consumer sends back the Products before the 14 (fourteen) day period has expired.

The Products must be returned intact and complete with any accessories, instructions, documentation and original packaging, to the extent reasonably necessary to allow the Seller to check their nature, characteristics and functioning.

The Consumer is liable only for any diminished value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and functioning.

8.3 Refund

If the right of withdrawal is validly exercised, the Seller will refund to the Consumer all payments received, including any standard delivery costs, without undue delay and in any event within 14 (fourteen) days from receipt of the withdrawal notice.

The Seller may withhold the refund until it has received the Products or until the Consumer has shown that they have sent them back, whichever occurs first.

Unless otherwise agreed between the parties, the refund will be made using the same payment method used by the Consumer for the initial transaction.

8.4 Exclusions

The right of withdrawal is excluded in the cases provided for by Article 59 of the Consumer Code. In particular, by way of example and where applicable, withdrawal is not permitted: (i) for Products made to measure or clearly personalised according to the specifications requested by the Customer; (ii) for Products which, after delivery, are inseparably mixed with other goods; (iii) for the supply of digital content not on a tangible medium, if performance has begun with the Consumer's prior express consent and their acceptance of the loss of the right of withdrawal; (iv) for the supply of services already fully performed, if performance has begun with the Consumer's prior express consent and their acceptance of the loss of the right of withdrawal once the service has been completed; (v) in the other cases provided for by Article 59 of the Consumer Code.

8.5 Exclusion of the right of withdrawal for Customers not qualifying as Consumers

The right of withdrawal governed by this article applies only to Customers who qualify as Consumers; for Customers who do not qualify as such, the right of withdrawal is excluded.

9. WARRANTY

9.1 Legal warranty of conformity for Consumers

Customers who qualify as Consumers benefit from the legal warranty of conformity under Articles 128 et seq. of the Consumer Code.

The Seller is liable to the Consumer for any lack of conformity existing at the time the Product is delivered that becomes apparent within the periods established by the applicable legislation.

Unless proven otherwise, any lack of conformity that becomes apparent within one year of delivery of the Product is presumed to have existed at that date, unless such presumption is incompatible with the nature of the Product or with the nature of the lack of conformity.

In the event of a lack of conformity, the Consumer may exercise the remedies provided for by the Consumer Code, within the limits and in the manner established by the applicable legislation.

9.2 Warranty applicable to Customers not qualifying as Consumers

Customers who do not qualify as Consumers are subject solely to the provisions of the Civil Code on sales.

In particular, under Article 1495 of the Civil Code, the Customer must report any defects within 8 (eight) days of discovery; in any case, the action becomes time-barred one year after delivery of the Product.

Unless otherwise agreed in writing, no manufacturer's conventional warranty applies, since the Seller is not an authorised reseller of the Products marketed, unless otherwise stated in the relevant product sheet or in the contractual documentation.

9.3 Reconditioned products

Reconditioned products are covered by the same legal warranty as new products. However, given the nature of reconditioned products, any purely aesthetic or non-functional defects, such as, for example, scratches, signs of wear, discolouration, cosmetic imperfections or missing accessories not essential to the operation of the Product, do not constitute a lack of conformity and are therefore not covered by the warranty.

9.4 Goods with digital elements

Goods with digital elements are governed by the provisions of Articles 135-octies et seq. of the Consumer Code.

In dealings with Customers who qualify as Consumers, the Seller will provide the updates, including security updates, that the applicable legislation requires to keep the goods in conformity.

If the Consumer fails to install the updates provided within a reasonable time, the Seller will not be liable for any lack of conformity resulting solely from the failure to install those updates.

Unless otherwise stated in the product sheet or in the quote, the Seller does not guarantee the presence of a particular firmware version, software revision or application release.

In particular, for industrial components and similar products, the availability of specific firmware versions depends on the manufacturer of the goods and on the related licensing agreements. The Seller accepts no liability for the absence of a particular firmware version requested by the Customer after the contract has been concluded.

9.5 Limitations of the legal warranty

The following do not constitute a lack of conformity and are therefore not covered by the legal warranty:

characteristics of the Product expressly stated in the product sheet, in the quote or in the contractual documentation, or otherwise disclosed to the Customer before the contract was concluded and accepted by the Customer;

defects, malfunctions or damage caused by improper use of the Product, incorrect installation, use not in accordance with the manufacturer's instructions, inadequate storage, negligence, unauthorised modifications, tampering or work carried out by parties other than the manufacturer or authorised centres;

normal wear and tear of the Product resulting from its use;

any incompatibilities caused by the Customer's hardware, software, firmware or plant environment and not attributable to the Product;

for reconditioned products, the aesthetic or functional characteristics expressly described in the product sheet or in the pre-contractual documentation.

10. EXPRESS TERMINATION CLAUSE

The Seller may terminate the contract by simple written notice to the Customer, stating the reason.

In the event of termination of the contract, the mandatory rights granted by the applicable legislation to Customers who qualify as Consumers remain unaffected. Customers who do not qualify as such will be entitled only to the return of any sums paid and not due as a result of the termination, without prejudice to the application of these General Conditions of Sale and to compensation for any damage suffered by the Seller.

The obligations undertaken by the Customer, as well as the guarantee that payment made with the payment methods referred to in Article 5 will be successfully completed, are essential. Accordingly, pursuant to and for the purposes of Article 1456 of the Civil Code, the Customer's breach of any of the obligations set out in these General Conditions of Sale – including, by way of example, failure to pay the price, the provision of inaccurate or incomplete data, or conduct preventing or hindering the fulfilment, shipment or delivery of the Products – will result in the automatic termination of the contract, without prejudice to the Seller's right to compensation for any further damage suffered.

11. LIMITATION OF LIABILITY

If it is unable to perform the order within the times provided for in these general conditions of sale, the Seller accepts no liability where the non-performance or incorrect performance results from disruptions caused by the act of a third party, from causes attributable to the Customer, from force majeure or fortuitous events, or from any other event not under the Seller's direct and exclusive control (including, by way of example but not limitation, natural disasters, acts of terrorism, wars, civil unrest, power outages, general strikes of public and/or private sector workers, strikes and/or restrictions affecting courier traffic and air connections, holiday periods – e.g. the Christmas period –, delays in or failure of production of the products by the supplier).

Furthermore, the Seller is not liable in the cases referred to in Article 118, letters b) and e) of the Consumer Code, namely, respectively, where the defect that caused the damage did not exist when the Seller put the product on sale, and where the state of scientific and technical knowledge at the time the Seller put the product into circulation did not yet allow the product to be considered defective;

The Seller is in no way liable for any damage caused to the Customer or to third parties by non-compliant use of the products.

The Seller is in no way liable for improper use and/or disclosure to third parties of the Customer's registration/access information.

The Seller accepts no liability for direct or indirect damage, whether foreseeable or not, arising from and/or connected with the Customer's use of the Site. If the Seller is held liable for harm suffered by the Customer and attributable solely to the transmission of an order, such liability is limited to the amount of the order actually paid by the Customer to the Seller.

The Seller is not liable for any fraudulent and unlawful use of credit cards and other means of payment by third parties at the time of payment for the Products purchased, provided that it proves it has taken all possible precautions in line with the best technology and experience available at the time and with ordinary diligence.

A Customer who does not qualify as a Consumer undertakes to indemnify and hold harmless the Seller, as well as PLC Group S.r.l., as owner of the "Automation Parts" trademark and of the Site, and their respective directors, employees, collaborators and successors, from any claim, action or demand brought by third parties – including those based on industrial or intellectual property rights – and from the related damages, costs and expenses (including reasonable legal fees) arising, directly or indirectly, from: (i) use, installation, integration or intended use of the Products not in accordance with the technical specifications, the manufacturer's instructions or the applicable legislation; (ii) resale, transfer or re-export of the Products to third parties by the Customer; (iii) breach by the Customer of these General Conditions of Sale or of rules on safety, export control, international sanctions or dual use products. This indemnity expressly also operates in favour of PLC Group S.r.l., as owner of the trademark and of the Site, which, although not a party to the sales contract, is a beneficiary of it pursuant to and for the purposes of Article 1411 of the Civil Code.

12. ALTERNATIVE DISPUTE RESOLUTION (ADR)

A Customer who qualifies as a Consumer may turn to alternative dispute resolution bodies (ADR - Alternative Dispute Resolution) to settle disputes concerning contracts concluded through the Site, in accordance with Articles 141-bis et seq. of the Consumer Code.

The Consumer's right to apply to the competent judicial authority remains unaffected.

13. JURISDICTION AND COMPETENT COURT

These General Conditions of Sale are governed by Italian law, without prejudice to any mandatory provisions laid down by the law of the Consumer's country of habitual residence.

Where the Customer does not qualify as a Consumer, any dispute concerning the application, performance, interpretation or validity of these General Conditions of Sale shall fall under the exclusive jurisdiction of the Court of Naples.

Where the Customer qualifies as a Consumer, jurisdiction lies with the court of the place of residence or domicile of the Consumer, if located within the territory of the Italian State, in accordance with the applicable legislation.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares that they have carefully read the contract and specifically approves the following clauses:

Art. 4 (availability of products and tacit confirmation of cancellation under letter g));

Art. 5 (duties and taxes of the country of destination);

Art. 6 (limitation of liability for delivery delays and non-receipt of goods, penalty);

Art. 8.5 (exclusion of the right of withdrawal);

Art. 10 (express termination clause);

Art. 11 (limitations of liability);

Art. 13 (exclusive jurisdiction for Customers not qualifying as Consumers)

PRIVACY POLICY – AUTOMATIONPARTS.COM

Data Controller

The Data Controller is Motiontech S.r.l., whose registered office is located at VIA GUGLIELMO MELISURGO 15 NAPOLI (NA) CAP 80133 (VAT number/Tax code IT12408360969), entered in the Naples Companies Register under no. REA NA - 1157537; e-mail: [email protected], certified e-mail (PEC): [email protected] (hereinafter also referred to as the “Seller”).

Controller's contact details

The company can be reached at the following contact details:

E-mail: [email protected]

Postal address: VIA GUGLIELMO MELISURGO 15, NAPOLI 80133

1. Preliminary remarks

The European regulation on the protection of personal data (GDPR) does not regard legal entities as data subjects; consequently, the European regulation does not apply to them. Where, however, personal data relating to a natural person are provided in the course of collecting company data, that person shall qualify as a data subject within the meaning of the above regulation, and the relevant legislation shall therefore apply.

2. Processing carried out through the site: legal bases, purposes and data retention periods

REGISTRATION

Purpose: The data are processed to allow registration on the site and to make purchasing easier.

Legal basis: Consent of the data subject.

Retention period: If the account remains inactive for 3 years, we will send you an email asking whether you wish to keep it active; failing that, the account will be deleted.

Additional information: Providing the data is optional, as purchases may also be completed in guest mode.

BECOME A SUPPLIER

Purpose: The data are processed in order to submit to the Controller a request to become a supplier and, consequently, to sell one's own products on the platform.

Legal basis: Performance of pre-contractual measures taken at the data subject's request.

Retention period: The data will be retained until the request is accepted and, in any event, for no longer than 3 months.

Additional information: The User is free to decide whether or not to provide the requested data, as there is no legal obligation to do so. However, should the User choose not to provide the data marked as essential, the Data Controller will be unable to pursue the stated purpose.

PURCHASE

Purpose: The data are processed primarily to enable the User to purchase and receive the requested product; they are also required to comply with legal obligations (including those of an accounting and tax nature) and may be used in the event of disputes concerning the proper performance of the contract.

Legal basis: Performance of a contract and the resulting fulfilment of the legal obligations to which the data controller is subject. Should litigation arise, the data will be processed to bring or defend legal claims, which constitutes the legitimate interest of the data controller.

Retention period: The data will be erased 10 years after the contract has been performed. They may be kept for a longer period only where disputes arise, in order to exercise or defend a right on the basis of the data controller's legitimate interest.

Additional information: Providing the data is compulsory; if the data are not provided, it will not be possible to purchase the requested products.

PURCHASE WITH QUICK CHECKOUT

Purpose: The data are processed primarily to enable the User to purchase and receive the product bought. They are also required to comply with legal obligations (including those of an accounting and tax nature) and, finally, may be used in the event of disputes concerning the proper performance of the contract.

Legal basis: Performance of a contract and the resulting fulfilment of the legal obligations to which the data controller is subject. Should litigation arise, the data will be processed to bring or defend legal claims, which constitutes the legitimate interest of the data controller.

Retention period: The data will be erased 10 years after the contract has been performed. They may be kept for a longer period only where disputes arise, in order to exercise or defend a right on the basis of the data controller's legitimate interest.

Source and categories of data processed: Where the purchase is made via quick checkout, identification, contact, shipping and billing data will be obtained from PayPal. (Art. 14 GDPR)

TRANSACTIONAL EMAILS

Purpose: The data are processed to send the User information relating to the purchase made or to the completion of the registration.

Legal basis: Performance of the contract.

Retention period: Until the order is delivered or the registration is completed.

Additional information: Transactional emails are sent to manage orders more effectively and to provide the Customer with confirmation of the purchase, shipment and registration.

CHECK MY ORDER

Purpose: The data are processed to allow the status of the order to be checked.

Legal basis: Performance of the contract.

Retention period: Until the order is delivered.

Additional information: The User is free to decide whether or not to provide the requested data, as there is no legal obligation to do so. However, should the User choose not to provide the data marked as essential, the Data Controller will be unable to pursue the stated purpose.

MARKETING AND PROFILING THROUGH DIGITAL PLATFORMS

Purpose: The data are processed to show you marketing content tailored to your interests, as identified through your interactions with our site or social media, including by means of the retargeting tools offered by digital platforms for delivering targeted advertising messages.

Legal basis: Consent, which may be collected in several ways: Through Cookies on our Site: your consent to marketing and profiling cookies is obtained via the cookie settings of our site. For CRM Custom Audience Campaigns (Prospecting and Retargeting): for such campaigns, we collect your explicit consent to the use of your contact data (e.g. your email address) for marketing purposes. Interaction with Social Pages: where you have consented to the use of profiling cookies on our Site, we may process your contact data and the information shared while interacting with the Social Pages, using it, in line with your privacy settings on social media, to show you personalised marketing ads.

Retention period: The data will be retained until consent is withdrawn via the cookie settings.

Additional information: Consent collected through Cookies on our Site: the User may manage or withdraw this consent at any time, as set out in our Cookie Policy. We also inform you that cookies may be first-party or third-party and may therefore be installed, through us, directly by Meta. Consent collected for CRM Custom Audience Campaigns (Prospecting and Retargeting): this consent enables us to process your data in order to identify similar (lookalike) audiences and to show targeted advertisements on social media and other digital platforms. Your consent is not required for mere User segmentation.

REQUEST A QUICK QUOTE

Purpose: The data are processed to request that a quote be sent.

Legal basis: Performance of pre-contractual measures taken at the data subject's request.

Retention period: The data will be retained for 6 months and then erased.

Additional information: The User is free to decide whether or not to provide the requested data, as there is no legal obligation to do so. However, should the User choose not to provide the data marked as essential, the Data Controller will be unable to pursue the stated purpose.

REVIEWS

Purpose: The purpose is to allow users to share their experience and to promote the company.

Legal basis: Consent of the data subject. Legitimate interest of the Controller in requesting the review, and consent of the data subject.

Retention period: Reviews will remain published on the site until they become outdated and/or until consent is withdrawn.

Additional information: Consent can be withdrawn at any time. The data for the review request are provided automatically following the purchase of the product. Consent can be withdrawn at any time.

BROWSING DATA

Purpose: Ensuring the security of the site.

Legal basis: The data will be processed on the basis of the company's legitimate interest in IT security and in complying with legal obligations. For cookies other than necessary cookies, the legal basis is consent.

Retention period: 24 months.

Additional information: For the rules governing cookies, please see the dedicated notice.

3. Further information

The data will be processed lawfully and fairly and with the utmost confidentiality, applying adequate security measures in accordance with the Code and the Regulation. Processing will be carried out using digital tools. Except for data relating to reviews, the data will not be publicly disclosed. The user will not be subject to automated decision-making, such as profiling, unless they have consented to it through the installation of cookies or other tracking tools, which are governed by the specific notice.

4. Recipients of the data

The Controller may disclose the data to any party to whom disclosure is required by law for the fulfilment of the purposes set out by law.

The Controller also relies on certain companies or IT tools that process data subjects' personal data solely in the Controller's interest, all of which have been duly appointed as data processors pursuant to Art. 28 GDPR.

The data will also be disclosed to payment gateways, which act as autonomous controllers.

The list of data processors can be consulted at the registered office.

The Company relies on individuals designated as System Administrators, who are in charge of managing and maintaining the IT systems. The up-to-date list of System Administrators is kept at the Office of the Data Controller and may be consulted by the data subject upon request.

5. Storage and transfer of data

Personal data will be managed and stored on servers located both within and outside the EU. The Data Controller ensures that any transfer outside the EU is carried out in accordance with Articles 44-47, Chapter V of the GDPR, by means of standard contractual clauses and/or on the basis of the EU Commission's adequacy decisions.

6. Rights and how to exercise them

a) Data subject's rights

As a data subject, the user is entitled to the rights set out in Article 15 et seq. of the Regulation, as listed below:

1. RIGHT OF ACCESS (Art. 15 GDPR)

The data subject has the right to obtain confirmation as to whether or not personal data concerning them exist, even if not yet recorded, and to receive such data in an intelligible form.

2. RIGHT TO RECTIFICATION (Art. 16 GDPR)

The data subject has the right to have inaccurate personal data concerning them corrected and incomplete data completed.

3. RIGHT TO ERASURE (Art. 17 GDPR)

The data subject has the right to obtain the erasure of their personal data where specific grounds apply, such as withdrawal of consent, objection to processing, the data no longer being necessary for the purposes for which they were collected and processed, or unlawful processing. Erasure may not always be possible; in any case, the data controller will be responsible for giving adequate reasons.

4. RIGHT TO RESTRICTION OF PROCESSING (Art. 18 GDPR)

The data subject has the right to obtain restriction of processing in specific circumstances, for example where rectification has been requested or an objection has been raised, for the time needed to assess such requests.

5. RIGHT TO DATA PORTABILITY (Art. 20 GDPR)

Where processing is based on consent or on a contract and is carried out by automated means, the data subject may receive the data in a structured, commonly used and machine-readable format, or ask for them to be transmitted to another controller.

6. RIGHT TO OBJECT (Art. 21 GDPR)

The data subject has the right to object, wholly or partly: a) on legitimate grounds, to the processing of personal data concerning them, even where relevant to the purpose of the collection; b) to the processing of personal data concerning them for purposes not contemplated by Art. 2. The user may submit a request to object to the processing of their personal data under Article 21 of the GDPR, setting out the reasons justifying the objection: the Controller reserves the right to assess the request, which will not be granted where there are compelling legitimate grounds for the processing that override the interests, rights and freedoms of the user.

7. RIGHT TO LODGE A COMPLAINT

Where they consider that the processing of their data is contrary to the legislation in force, the data subject has the right to lodge a complaint with the competent supervisory authority under Article 77 of the GDPR.

b) How to exercise them:

The data subject may exercise the rights referred to in the preceding article at any time by contacting the data controller at the addresses given above.

Last updated: 15/07/2026