General conditions applicable to the purchase and sale of exhausted catalytic converters and used spare parts and to the subscription service offered by GB Catalyst s.r.l.

Last update: 07/20/2022.

General informations and services offered by GB Catalyst s.r.l.
1. These general conditions govern the acquisition of exhausted catalytic converters and used spare parts in addition to the subscription service, as better defined below, through the website app.gbcatalyst.eu ("Site") by GB Catalyst s.r.l., with registered office in Via Capannaguzzo n. 3681, 47521 Macerone di Cesena (FC, Italy) (CF/VAT number 04422160400) (hereinafter also referred to as "GB Catalyst").
2. GB Catalyst s.r.l. is a company that deals with the purchase of used car parts - better identified on this website - with specific attention to exhausted catalytic converters. The company is also able to provide private individuals and traders (hereinafter also referred to as "users") a subscription service in order to be constantly updated on the actual values of each individual catalyst (taking into consideration the quantity of precious metals contained therein, as well as the official quotation of the metals at the time of purchase and the Euro/USD exchange rate) and on the value of each single spare part used.
3. The subscription service and the purchase of exhausted catalytic converters as well as used spare parts through the Site constitute a distance contract governed by articles 45 and following of the legislative decree 6 September 2005, n. 206 ("Consumer Code") and by legislative decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
4. These general conditions therefore apply to all subscription service contracts concluded with GB Catalyst s.r.l. through the Site and to the sales of used catalytic converters and spare parts made by users on the Site.
5. These general conditions may be unilaterally modified at any time by GB Catalyst. Any changes and/or new conditions will be effective from the moment of their publication on the Site in the "General conditions" section with indication of the version and date of update. Users are therefore invited to access the Site regularly and to consult the most up-to-date version before carrying out any operation. In any case, the general conditions applicable to individual contracts are those in force on the date of conclusion of each contract.
Subscription on the Site
1. The use of the subscription service referred to in point 1.2 is subject to a fee (by PayPal or credit card); in order to be able to access it, users must complete the subscription procedure free of charge in which they will be required - among other things - to choose a username and password, to fill in all the personal data, including the Fiscal Code and/or a valid VAT number. Once this subscription has been made, the user can enter his personal page by simply using the previously chosen username and password. It will also be possible, always by entering their personal page and after subscription, to propose the purchase of exhausted catalytic converters and used spare parts to GB Catalyst.
2. Subscription can be made by both natural and legal persons; in the first case, subscription is only allowed to persons over the age of 18, while in the second case the legal persons - in the creation of their account - must necessarily enter the data relating to whoever holds the legal representation.
3. Any change of name and/or address must be immediately communicated to GB Catalyst; the same applies to significant changes in legal person data. Any omissions in this sense could lead to account exclusion.
4. GB Catalyst reserves the right, at its sole discretion, to preclude access to a user if the information entered during subscription is incomplete and to cancel the account if the user is responsible for any deficiencies and/or in any case of acts or behaviors deemed in some way prejudicial to the activity put in place by GB Catalyst. In case of account cancellation or failure to register, the user will be promptly informed by e-mail. No reimbursement and/or compensation for damage will therefore be due in the event of cancellation or failure to register.
5. The registered user guarantees that the personal informations provided during the subscription procedure on the Site are complete and absolutely true and also undertakes to hold GB Catalyst harmless and indemnified from any damage, compensation obligation and/or sanction deriving from the incorrect insertion of the same or from the lack of timely modification.
Conditions referable to the purchase by GB Catalyst of exhausted catalytic converters and used spare parts
1. In compliance with the legislative decree 9 April 2003, n. 70 regarding electronic commerce, GB Catalyst informs the user that:
  1. To propose the purchase of one or more catalytic converters or used spare parts through the Site, the user must complete a form containing the purchase proposal in electronic format (in this phase the Site is able to carry out a preventive and automatic quantification the value of the spare part used or the value of the metals contained in each catalyst which must necessarily be indicated by type) and then transmit it to GB Catalyst, electronically, following the instructions that will appear from time to time on the Site;
  2. Only the models of catalysts and used spare parts identified on the Site may be subject to a purchase proposal by the user;
  3. Once the proposal has been received, GB Catalyst will have 7 days to evaluate the convenience of the same and within this period it may decide to send the user an e-mail communication representing the methods and timing of withdrawal of the products offered or a e-mail communication of rejection of the proposal without the need for a subsequent verification of these products. Within this period GB Catalyst - before accepting or rejecting the proposal - may reserve the right to contact the user again to acquire all the supplementary documentation (by way of mere explanatory example: authorizations for waste treatment) in order to concretely evaluate the organizational methods, functional to the transport of the products offered or for any other need. If no formal communication is sent to the user within the aforementioned term, the proposal is to be considered rejected. At this stage, GB Catalyst has the possibility to send a simple communication and/or a notice when closing the cart to the user, representing that the same will be contacted by the staff again (this operating mode will always be adopted if the user is a private individual), effectively precluding the possibility for said user to formalize the offer and consequently close the cart;
  4. The purchase is to be considered concluded when GB Catalyst sends the e-mail with the methods and timing of the withdrawal of the products offered. It is understood that, for the exact quantification of the price and for the subsequent payment, the same products must necessarily be verified by GB Catalyst in the terms better specified below;
  5. Within 7 days of receiving the e-mail communication with the methods and timing for the withdrawal of the products offered, the user will be required to comply with the instructions sent to him;
  6. In the event of non-delivery or non-fulfillment of any further instructions, the user will be liable for any damage caused to GB Catalyst (by way of example only: transport costs incurred);
  7. Once the used spare parts or mufflers have been received, GB Catalyst staff will have 10 days to check their conditions, reserving only at that moment the definitive quantification of the amount to be paid to the user or the possibility of returning the delivered products;
  8. The evaluation - previously carried out automatically by the Site at the time of filling in the form for the complete purchase proposal - is not subject to any challenge by the user who - if he does not agree with the quantification - can only request within 5 days from said communication the return of what has been delivered after reimbursement by GB Catalyst of the costs of collection and shipping and of any other outlay that will be incurred following the return. In the event of a return request, GB Catalyst will not be liable for any changes made to the products delivered by the user following the checks referred to in the previous point and therefore no compensation for damage may be requested by the user;
  9. The payment of the products sold by the user to GB Catalyst through the Site will be made by bank transfer to the bank account communicated by the user;
  10. The amount as determined above will be paid to the user within 10 working days of receiving the email indicating the total amount recognized.
Conditions referable to the subscription service offered by GB Catalyst s.r.l.
1. Always in compliance with the legislative decree 9 April 2003, n. 70 regarding electronic commerce, GB Catalyst informs the user that:
  1. The contract has as its object the access by the user - for the agreed period of time and for which a fee is predetermined by GB Catalyst - to an ad-hoc tool that elaborates the price of each single catalyst (taking into account the quantity of precious metals contained therein as well as the official price of the metals at the time of purchase and the Euro/USD exchange rate) and any other spare parts used;
  2. The contract is concluded when the user, after regular subscription, makes the payment of the subscription fee by PayPal or credit card;
  3. The duration of the contract is established on the basis of the rate (clearly stated on the Site) that the user will choose to pay;
  4. Once the chosen rate has been paid, the user can access the Site simply through his username and password;
  5. The right to access the subscription service is personal and cannot be transferred to third parties, either for consideration or free of charge. Access is protected by a username and password; the subscriber is obliged to keep these credentials safe and to prevent their access by third parties. Therefore, in order to guarantee the above, each user will be allowed to use the Site only through the device (PC, tablet, smartphone) used for the first access; if the need to modify the device arises, this request must be promptly communicated to GB Catalyst, which cannot be held responsible in any way for the failure of the service on devices other than the one used for the first access (except for any changes requested);
  6. In the event of a breach of the foregoing, the subscription and/or membership may be terminated immediately by GB Catalyst. The fee paid will not be refunded and the user will not be able to claim any compensation;
  7. The subscription service is always available, but its reliability is not guaranteed. It can be suspended for technical or maintenance reasons, for the duration of the necessary interventions. In any case, GB Catalyst cannot be held responsible for any malfunctions;
  8. The contents of the subscription service are subjected to checks and verifications, but their accuracy and completeness are not guaranteed and therefore GB Catalyst can never be held responsible for any damage caused by errors or inaccuracies;
Compulsory mediation, jurisdiction and applicable law
1. All disputes that could arise from the interpretation or application of this contract proposal will be decided according to the following criteria: if the initiative is taken by GB Catalyst s.r.l., this can choose - at its sole discretion - whether to appeal directly to the ordinary Judicial Authority without necessarily attempting an out-of-court conciliation; if the initiative is taken by the counterparty, such disputes must necessarily be the subject of an attempt at conciliation to be carried out by means of the Conciliation Chamber established at the Chamber of Commerce of Cesena (FC, Italy), a body authorized to manage mediation procedures (penalty the inadmissibility of the judicial request).
2. In the event that GB Catalyst s.r.l. decides to appeal to the ordinary Judicial Authority or if the attempt at conciliation referred to in the previous point fails, the Court of Forlì-Cesena, Italy, is exclusively competent for the aforementioned disputes.
3. Although not provided for, this contract is fully governed by Italian Law, to which the parties refer.
Additional clauses
1. Any additional and/or amending clauses of this contract must be approved and accepted in writing by both parties.

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