CNH Industrial PLATFORM TERMS AND CONDITIONS OF USE
Last revision July 2023
These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by CNH Industrial Italia S.p.A. (“CNH”), including the www.mycnhstore.com website (collectively, the “Site”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Notice for a description of our privacy practices and policies.
Dispute Resolution. These Terms of Use provide that all disputes between you and CNH that in any way relate to these Terms of Use or your use of the Site will be resolved by Courts of Torino, Italy. Please review the Section below entitled Law Applicable and Dispute Resolution.
1. Ownership of the Site
All pages within this Site and any material made available for download are the property of CNH, or its licensors or suppliers or dealers, as applicable. The Site is protected by Italian laws and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise previously approved in writing by CNH or the dealers as the case maybe. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of CNH or the dealers without our express written consent.
2. Site Access, Security and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. CNH will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by CNH. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by CNH at any time with or without cause. You agree to defend, indemnify and hold CNH harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by CNH arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.
3. Accuracy and Integrity of Information; Colors
Although CNH attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform CNH so that it can be corrected. CNH reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, CNH shall have no responsibility or liability for information or Content posted to the Site from any non-CNH affiliated third party.
We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
All the information and content related to sale, including purchasing agreement terms and condition (e.g. prices, payment, order confirmation or cancellation, return policy) are dealers sole responsibility.
4. Sale Conditions including Order Fulfillment/Cancellation/Return. Typographical Errors and Incorrect Pricing.
Products and services are sold on the Site directly by dealers (“Dealer”). CNH is not part of the sale and purchase agreement that enter into exclusively between Dealer and customer. Therefore, Dealer is the sole responsible for the sale and relate content uploaded on the Site.
The terms and conditions for the sale and purchase are the ones from time to time made available by each Dealer on the Site (“Dealer Terms and Condition”). Therefore, any information related to sale, such as, but not limited to, products and services information, availability, warranty and return policies, are available on Dealer Terms&Conditions accessible through the Dealer Page and in checkout.
5. Online Payments
You can purchase products or services on the Site from our Dealers. The payments services will be processed by the provider (“PSP”), credit and debit cards issued by Visa, Mastercard, Amex, Discover&Diners are accepted. If a credit card account is being used for a transaction, PSP may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. Depending on the dealer selected, other payment methods might be available at checkout.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
6. Export Policy and Restrictions
You acknowledge that the products and Content which are sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under any applicable export control laws. You shall indemnify and hold harmless CNH from all claims, demands, damages, costs, fines, penalties, attorneys’ fees, and all other expenses arising from your failure to comply with this provision or applicable export control, antiboycott, or economic sanctions laws and regulations.
7. Links to Other Sites
CNH makes no representations whatsoever about any other website that you may access through this Site. When you access a non-CNH website, please understand that it is independent from CNH, and that CNH has no control over the content on that website. In addition, a link to a non-CNH website does not mean that CNH endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
8. Disclaimer of Warranties
CNH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,“ WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. CNH DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. CNH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY CNH ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES AND AVAILABLE ON DEALER TERMS&CONDITIONS ACCESSIBLE THROUGH THE DEALER PAGE AND IN CHECKOUT.
9. Limitation of Liability Regarding Use of Site
CNH AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF CNH TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS euro 500 (FIVE HUNDRED Euros).
10. Laws Applicable. Dispute Resolution
10.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Italy, excluding its conflicts of laws provisions.
10.2 We will try to work in good faith to resolve any issue you have with Site, if you bring that issue to our attention using CONTACT US section available on the platform or sending an email to ecommercesupporteu@cnh.com However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and CNH agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including products and services ordered or purchased through the Site, shall be determined by the Courts of Torino. If you are a consumer, you can submit any dispute related to this Terms of Use before the competent Court of the EU member country where you live in.
11. Revisions; General
CNH reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between CNH and you pertaining to the subject matter hereof. In its sole discretion, CNH may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
12. Contact Details
The site is licensed and maintained by
CNH Industrial Italia S.p.a
Lungo Stura Lazio n. 19
10156 Torino
Vat Code: 00370290363.
Italy
Email: ecommercesupporteu@cnh.com
Web: www.cnh.com
Legal form: Company with limited liability
Headquarters: Italy, Torino, Lungo Stura Lazio n. 19. CAP 10156