CONDITIONS OF SALE AND GENERAL TERMS
1 . OBJECT OF THE CONTRACT ON LINE
The contract "on-line ", accepted on the website " www.motomaniashop.com " means agreement between Motomania S.n.c. di Lombardi Alessandro & Ungarelli Dalmazio (hereinafter "Motomania"), with registered office in Fidenza (PR) - Italy , Via Pietro Cassani n . 820 dx, and a customer via e-commerce sales. For customer means, in relation to contracts for the sale of goods or the provision of services, the Party that formalizes a purchase on the site "www.motomaniashop.com". The term e -commerce refers to commercial transactions (purchase of products, economic transactions, exchange of commercial information , etc. . ), carried out electronically through the internet on the domain "www.motomaniashop.com".
2 . SALE PRICES , CONDITIONS OF PURCHASE INVOICE
2.1 The sales prices displayed on the website www.motomaniashop.com shall be construed as a public offering by Motomania, inclusive of VAT and all other taxes . All prices do not include shipping costs. The Customer must take care to see the amount of transport costs, before purchasing. The purchase agreement is concluded only by filling out the correct order form posted on the website and through the consensus, expressed online. The customer can choose the payment method before confirming the order, using one of the methods allowed.
2.2 The payment of the goods by the customer will be using the method chosen when ordering . Nothing is more due by the Customer with respect to the total order .
2.3 Motomania reserves the right to contact the customer to request additional information and/or complementary, for any reason deemed appropriate for the purposes of verification of consistency, accuracy and veracity of the order.
2.4 Any bill of sale must be necessarily required at the time of insertion of the purchase order . It will not be possible to issue an invoice to process the order later, or after delivery of the goods to the carrier involved in the transport.
3. COSTS AND METHOD OF TRANSPORTATION AND DELIVERY
3.1 The shipment of purchased goods is outsourced to companies that perform transport courier service nationwide. NO RESPONSIBILITY CAN BE CHARGED TO MOTOMANIA IN CASE OF LOSS, DAMAGE, OR ANY DELAY OF DELIVERY OF GOODS SENT.
3.2 The shopping cart system automatically calculates and adds the order costs related to shipping.
3.3 (Disposal only for Italy)
3.4 Unless otherwise specified by our customer service delivery refers to the street level . Upon delivery of the goods by the courier, the customer is required to check:
- That the number of packages delivered corresponds to that indicated on the consignment delivered by courier ;
- That the packaging is not damaged , or wet or otherwise altered, including the sealing materials (tape, straps) .
- Notes to the Financial Statements delivery : if the package delivered is damaged or altered (ex taped cut and / or replaced) invite the customer to accept the package by applying on the slip note " accepted with reserve ." In the event that on the delivery note of the carrier proves "accepted without reservation of control," will not be in any way possible to get the compensation provided for by the insurance. We inform customers that the shipping insurance provides, in the manner and terms defined in the contracts with the shipper , the reimbursement of Euro 6.20 per kilogram of weight goods.
3.5 Any problems concerning the physical , correspondence or completeness of the products received must be reported within 7 days from delivery, as provided herein.
3.6 In the event of non-collection within 5 working days of the material in storage at the warehouses of the courier because of repeated inability to deliver to the address specified by the Customer , the order will be automatically canceled.
4 . LIABILITY AND SHIPPING TRANSACTIONS
Motomania disclaims any liability in the event of disruptions caused due to force majeure , events that may prevent the smooth success of the contract, and will not be responsible for losses or damage of goods during transportation.
Motomania is also not responsible for any unlawful or fraudulent use of credit cards , checks and other means of payment, as at no time during the purchase procedure is able to recognize the number of buyer's credit card , which , operating on a secure connection, sends the data directly to the bank that manages the service. In the same way it is not able to control the correct and lawful origin of the title of credit that is delivered by the customer to pick up the goods .
5 . WARRANTY
5.1 All products sold by Motomania are covered by the manufacturer's standard warranty and 24 months warranty (unless otherwise stated) for any lack of conformity , in accordance with Decree 24/02. To qualify for the warranty, the customer will keep the order note inserted inside the packages shipped.
5.2 The manufacturer's standard warranty is provided in the manner described in the documentation included in the packaging of the product. Motomania will return the component to the Supplier (or possibly service center in charge ) for verification of the defects reported. If it does not recognize the right to replacement of the product under warranty, Motomania will signal the reasons to the customer , which will be charged for any costs of verification and restoration required by authorized, and the transportation costs, if incurred by Motomania.
5.3 The warranty applies to products that present a conformity defect , provided the product is used correctly , in accordance with its intended use and as provided in the technical documentation . This guarantee is for private consumption (a person who buys goods for purposes not related to his professional activity, or making a purchase without indicating in the order form a reference to VAT) . In case of lack of conformity, Motomania shall, at no cost to the customer , the restoration of conformity by repair / replacement or reduction of the price , until the termination of the contract. If it does not recognize the right to replacement of the product under warranty, Motomania will signal the reasons to the customer , which will be charged for any costs of verification and restoration required by authorized, and the transportation costs, if incurred by Motomania.
5.4 The replacements in case of DOA ( Dead On Arrival or product is not working on delivery ) occur only if expressly provided by the manufacturer . The timing of replacement or repair of any product depends solely on the policies of the manufacturer.
5.5 In the event that , for whatever reason , was not able to make its customers a product warranty (repaired or replaced) , Motomania will proceed at its own discretion to refund the entire amount paid or to replace it with a product of equal or superior characteristics.
5.6 No damage can be obtained from Motomania for any delays in repairs or replacements.
5.7 Nei cases where the application of safeguards providing for the return of the product, the product must be returned by Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc. .. . ). To limit damage to the original package , we recommend, when possible, to provide a suitable package.
6 . COMPLAINTS AND RIGHT OF WITHDRAWAL ( Reference standard: Consumer Code)
6.1 Any complaints relating to alleged defect or unsuitability , the product must be reported no later than 10 days from receipt of goods, to the e -mail email@example.com , taking care to indicate the references of the order . Following notify any authorization to return the goods and the shipping methods . Any return of goods not expressly granted, shall be returned to the sender.
6.2 RIGHT OF WITHDRAWAL : If the customer is a consumer ( ie a person who buys goods for purposes not related to his profession) , is entitled to withdraw from the purchase contract for any reason, without explanation and without any penalty , except as specifically set out in paragraphs 6.4 , 6.6 and 6.7.
6.3 To exercise this right, the customer must send Motomania a notice to that effect no later than 5 days from the date of receipt of goods. Such notice shall be sent by registered letter with acknowledgment of receipt, addressed to Motomania Snc Lombardi Alessandro & Ungarelli Dalmatius - Via Pietro Cassani , 820 dx - 43036 Fidenza (PR) , or by certified mail ( firstname.lastname@example.org ) . Upon receipt of such notice of withdrawal , Motomania inform the Customer instructions on how to return the goods which must be received within 10 days from authorization.
6.4 The right of withdrawal is subject to the following conditions :
- The law applies to product purchased in its entirety, it can be exercised only on the withdrawal of the product purchased ;
- The right does NOT apply to audiovisual products , or computer software in sealed package ( including those attached to hardware) , once opened;
- The right does NOT apply to products made to measure products built on technical specifications required by the customer , products clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly . The purchased goods must be returned intact and in original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables , etc ...) , to limit damage to the original package , we recommend the provision of a proper packaging . On the neck should be indicated clearly visible , the number of Return provided by Motomania Snc . The shipping costs for the return of the products, in case of application of the right of withdrawal , are charged to the customer , as well as any costs of packaging and / or ancillary services . The expedition, until the certificate of receipt in our warehouse is under the full responsibility of the customer . If the goods are damaged in transit, Motomania will notify the Customer (within 5 working days of receipt of goods in their stores) , to enable him to file a timely complaint against the carrier and obtain a refund of the value of the property (if insured), in this case, the product will be made available to the customer for the return, simultaneously canceling the request for withdrawal. Motomania is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments . Upon delivery in their stores , the product will be inspected for any damages not caused by transport . If the package and / or original packaging are damaged , Motomania will reverse the amount of the refund the cost of recovery.
6.5 Without prejudice to any repair costs for damage to the original , Motomania will refund the customer the amount of the returned product and the shipping costs incurred in sending the first shipment. The only expenses charged to the customer will be those relating to the costs for returning the products. No other penalty will be applied. Refund will be provided as soon as possible for the operation and within 30 days of receipt of notice of termination, by following the transfer of the amount charged to the credit card or by bank transfer . In the latter case , the Buyer shall promptly notify the bank details ( IBAN) relative to the current account on which credit the refund.
6.6 The right of withdrawal is lost for lack of the essential integrity of the property (the packaging and / or its contents), in cases where Motomania finds:
- The lack of external and / or internal packaging;
- The absence of integral elements of the product (accessories, cables, manuals, etc.).
- The product is damaged for causes other than its trasporto.In case of forfeiture of the right of withdrawal, Motomania will return to sender the property purchased by charging the same shipping costs.
6.7 Some products on sale reported in the information note " Right of Withdrawal : NOT APPLICABLE ." These products are procured as a result of the customer's request . ON THESE PRODUCTS IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ' THE APPLICABLE RETURN POLICY.
7 . BUYER'S OBLIGATIONS
The consumer agrees and undertakes, once the purchase procedure " on- line", to handle the press and to the conservation of these terms and conditions , which, however, has already seen and accepted as an essential step in ' purchase and the specific features of the product purchased . It is strictly prohibited to enter false data, and / or invented and / or fantasy , the registration process required to provide him with the procedure for the execution of this contract and all subsequent communications, the personal data and e- mail address must be the only real data and not some other person and / or fantasy . It is expressly forbidden to make double entries for a single person or enter data of third parties . Motomania reserves the right to prosecute any violation or abuse, and for the protection of consumers.
8 . PERMITS
Filling in the appropriate space on the website, the Customer authorizes Motomania to use their credit card, or other card issued in replacement thereof, and to debit your bank account in favor of Motomania the total amount shown as cost of the "on -line" . The procedure takes place via secure connection directly connected to the bank , the owner and operator of the payment service "on-line ", to which Motomania can not access. If the consumer were to exercise the right of withdrawal (see paragraph 8 of these general conditions) the amount to be refunded will be credited to the same credit card or in the manner chosen by the customer.
9 . CONTRACT TERMINATION AND TERMINATION CLAUSE
Motomania has the right to terminate the contract by giving notice to the Customer. In this case the customer shall only be entitled to a refund of the amount already paid . The obligations assumed by the Customer pursuant to art. 7 (Obligations of buyer), and the guarantee of successful completion of payment the customer makes with the media in art . 2 ( sales prices and payment methods ) , are essential , so that by express agreement, the failure by the Client, only one of these obligations will lead to termination of the contract, without any judicial decision , except for the right to Motomania to sue for damages.
10 . PROCESSING OF PERSONAL DATA
The customer , by accepting these terms of sale, declares to have read , understood and accepted in full and without reservation, the rules governing the processing of personal data , presented in the specific section in this Site ( " Policy") .
11 . APPLICABLE LAW
The contract of sale between the customer and Motomania is concluded in Italy and governed by Italian law. For the resolution of any civil and criminal litigation arising from the conclusion of this contract of sale , the competence is exclusively that of the Court of Parma (Italy).