General conditions of Sale

GENERAL CONDITIONS OF SALE

Premise

This information is provided for the site "https://motostore.com/it/"(Site) owned by Giacometti SRL, with headquarters in Via Firenze, 27 - 35010 Villafranca Padovana (PD), Chamber of Commerce of Padua, with VAT no. 04365020280, share capital of € 10,000.00, of which € 2,500.00 paid up (Salesperson).

Art. 1. Scope of application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and the Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.

1.3 The General Conditions of Sale can be changed at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.5 These General Conditions of Sale do not regulate the sale of products and / or services by parties other than the Seller who may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and / or for the sale of products by such parties. On the websites accessible through these links, the Seller does not carry out any checks and / or monitoring. The Seller is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.

1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, even during the purchase procedure.

1.7 The forwarding of the purchase order constitutes acceptance of these General Conditions of Sale.

Art. 2. Purchases on the Site

2.1 The purchase on the Site

• can take place after registering on the Site
• It is allowed both to users who play the role of consumers and to users who play the role of professionals. Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it is recalled that a natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out is a consumer; while pursuant to art. 3, paragraph I, lett. c) of the Consumer Code, the natural or legal person acting in the exercise of his / her business, commercial, craft or professional activity, or an intermediary, holds the quality of professional.

2.2 In the case of orders, coming from anyone, which are anomalous in relation to the quantity and / or frequency of purchases, the Seller reserves the right to take all the necessary actions to stop the irregularities.

2.3 The Seller reserves the right to refuse or cancel orders that come from:

• by a user with whom the Seller has an ongoing legal dispute
• by a user who has previously violated the General Conditions of Sale
• by a user who has been involved in crimes
• by a user who has released false, incomplete or in any case inaccurate identification data or who has not promptly sent the documents requested by the Seller to the Seller or who has sent invalid documents.

Art. 3. Registration on the Site

3.1 To register on the Site, you must fill in the appropriate form, entering the following data:

• first name
• last name
• e-mail
• password
• date of birth.

3.2 You undertake to immediately inform the Seller in the event that you suspect or become aware of an improper use or undue disclosure of your login credentials to the Site.

3.3 The registered user of the Site guarantees that the personal information provided by him is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by part of the user of the rules on registration on the Site or on the conservation of registration credentials and / or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Seller to disable the user's account.

Art. 4. Information aimed at the conclusion of the contract

4.1 In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:

• to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear on the Site from time to time
• the contract is concluded when the order form reaches the Seller's server
• once the order form has been received, the Seller will send you the order confirmation to the e-mail address indicated, containing:
  • the indication of the price
  • the indication of the payment method used.

Art. 5. Availability of Products

5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.

5.2 The Site contains information relating to the availability of each Product.

5.3 You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code.

5.4 Alternatively, you can accept:

• if a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery deadline
• if restocking is not possible, the Seller will supply a different product, of equivalent or greater value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.

5.5 If a refund is requested for the amount paid for the purchase of Products which later proved to be unavailable, the Seller will make the refund within a maximum period of 15 days.

5.6 In the event that you make use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applicable, and any other additional cost, as resulting from the order (Total Amount Due) has already occurred, the Seller will reimburse the Total Amount Due pursuant to the provisions of the article "Methods of payment" below.

Art. 6. Information sheet

6.1 Each product is accompanied by an information page that illustrates its main characteristics (Information sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by you for their display. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use.

Art. 7. Prices

7.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.

7.2 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any changes will not be taken into account. (increasing or decreasing) subsequent to the transmission of the same.

7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit it.

Art. 8. Purchase orders

8.1 The Seller will ship the Products only after having received confirmation of the payment authorization or after having credited the Total Amount Due. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, materially comes into possession of the Products.

The Service you have chosen will be carried out only after the payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.

8.2 The purchase contract is conditional on the non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.

8.3 In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.

Art. 9. Methods of payment

9.1 The following payment methods are allowed on the Site:

• Payment card
• PayPal
• Bank transfer.

9.2 The Seller accepts the credit cards of the circuits:

• VISA
• MasterCard (Cirrus Maestro)
• American Express

In any case, they are indicated in the footer of each page of the Site.

The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has issued the authorization to charge.

In application of Directive 2015/2366 / (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site during the purchase operation) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site.

The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.

The charge will be made at the time the order is placed.

9.3 On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as your means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.

In the case of payment by PayPal, the Total Amount Due will be debited by PayPal at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the refund due to you will be credited to your PayPal account. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, to contest which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.

9.4 In the event that you choose bank transfer as the payment method, the Seller, once the order has been received, will notify you by email of the bank details and the deadline for making the transfer. The email may contain the request to send by email the receipt of the bank transfer or the confirmation of the transfer.

In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Sheet and / or on the Site will start from the date of receipt of the transfer by the Seller and not from the date of transmission of the order, as is the case in where you choose other payment methods.

Unless otherwise agreed, the Services will be rendered only after receipt of the Total Amount Due by bank transfer.

Please indicate the following data in the purpose of the transfer:

• the order reference number.

From the sending of the order you must arrange the payment within 3 working days. Failing this, the Seller reserves the right to cancel the order within the next 3 working days.

Art. 10. Delivery of the Products

10.1 The deliveries of the purchased Products are made: in Italy. The delivery obligation is fulfilled by transferring to you the material availability or in any case the control of the Product.

10.2 Shipping costs are indicated from time to time on the Site and / or in the Product Sheet.

10.3 Starting from the date the order is sent, the Products will be delivered within 7 days and, in any case, within thirty days from the date of conclusion of the contract.

10.4 It is up to you to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and we invite you, in your interest, to indicate any anomalies on the transport document of the carrier, accepting the package with reserve . In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains valid.

10.5 You have the possibility to collect the Product at a collection point, according to the options and methods available on the site and / or during the purchase process, provided that this method is available for the Product you have selected. You will be promptly notified when the Product is ready for collection at the collection point of your choice. From the communication, you have 3 days to collect the Product at the collection point. Unless otherwise agreed, if you do not fulfill this obligation, the purchase contract will be considered terminated by law, pursuant to and for the purposes of art. 1456 cc As a result of the termination, the order will be canceled and the Seller will reimburse the Total Amount Due paid by you, minus the shipping costs. The mere failure to collect the Product cannot be understood as exercising the right of withdrawal, if provided, and will not give the right to a full refund of the sums paid for the purchase of the Product.

Art. 11. Right of withdrawal

11.1 If you are a consumer, you have the right to withdraw from the purchase contract for the Product without giving any reasons and without having to incur costs other than those provided for in this article within the term of fourteen calendar days (Withdrawal period). The Withdrawal Period expires after 14 days:

to. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquire physical possession of the Products;

b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party other than the carrier and designated by you acquire physical possession of the last Product; or

c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

11.2 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.

11.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in at least one of the following ways:

Email: info@motostore.com

through the section of the site:

Contact us

It should be noted that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with you, it is in your interest to use a durable medium when communicating your withdrawal to the Seller.

11.4 In case of exercising the right of withdrawal, you must deliver the Product to the registered office indicated in the epigraph to these General Conditions of Sale.

11.5 The direct costs of returning the Products are at your expense as well as the responsibility for the transport of the same.

11.6 If you withdraw from the contract, the Seller will reimburse the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Seller may suspend the refund until receipt of the Products or until you have demonstrated that you have returned the Products, whichever is earlier.

11.7 You are solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, complete with all accessories and leaflets, with identification tags, labels and disposable seal, where present. , still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories of the Product.

11.8 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the amount of the reimbursement an amount equal to this decrease in value. The Seller will notify him of the circumstance and the consequent reduced refund amount within 5 days of receipt of the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user. of the decrease in value of the Product.

11.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Seller will notify the user within 5 (working) days of receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Seller at your disposal for collection, which must take place at your expense and under your responsibility.

11.10 In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed in your favor will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed a total order of 200.00 Euros, which includes two Products, the first worth 50.00 Euros and the second worth 150.00 Euros, and you return the Product of the value of 150.00 Euros, you will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case, the amount of the delivery costs to be returned will never exceed that actually paid.

Art. 12. Legal Guarantee

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Consumer Code (Legal Guarantee).

Who it applies to

The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

When it applies

The Seller is liable to the consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the responsibility of the consumer to prove that the lack of conformity already existed at the time of delivery of the same.

In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. Therefore, for the purposes of this proof, the consumer should keep the purchase invoice or any other document that can certify the date of the purchase (for example the statement of the payment card) and the date of delivery.

In the event of termination of the contract, the Seller will return the total amount paid to the consumer, consisting of the purchase price of the Product, the shipping costs and any other additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

The Seller is not liable in the event of damage, of any nature whatsoever, deriving from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.

If you have made the purchase as a "professional" pursuant to the provisions of the Consumer Code, the previous paragraphs of this article do not apply. The legal guarantee provided for by art. 1490 cc

Art. 13. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution

13.1 Purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

13.2 Please note that in the case of a consumer user, the court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of this document. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent, pursuant to the provisions of Article 1 above.

13.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to the Seller, as a result of which it has not been possible to resolve the dispute thus arisen, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether it intends to make use of or not of such bodies to resolve the dispute itself.

13.4 The Seller also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure of the dispute in which he is involved.

13.5 In any case, the consumer's right to appeal to the ordinary competent judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through recourse to the procedures of referred to in Part V, Title II-bis of the Consumer Code.

13.6 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the site www.eur-lex.europa.eu.

Art. 14. Customer service and complaints

It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:

• by filling in and sending the form available at the following link "https://motostore.com/it/"
• by email, to the following address: info@motostore.com
• by phone, at the following number: 3427628539.

The Seller will respond to complaints submitted within 4 days of receipt of the same.

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