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TERMS OF SALE
1. OBJECT OF THE ONLINE CONTRACT
The "on-line" contract, accepted on the website "www.motomaniashop.com", is intended as entered into between Motomania Snc di Lombardi Alessandro & Ungarelli Dalmazio (hereinafter "Motomania"), with registered office in Fidenza (PR), Via Pietro Cassani n. 820 right, and a customer, through an electronic sales system called e-commerce. By Customer we mean, in relation to contracts for the sale of goods or the provision of services, the Person who formalizes a purchase on the site "www.motomaniashop.com". The term e-commerce refers to commercial operations (purchase of products, economic transactions, exchange of commercial information, etc.), carried out electronically via the internet on the domain "www.motomaniashop.com".
2. SALE PRICES, PURCHASE AND PAYMENT METHODS, INVOICING
2.1 The sales prices displayed on the website "www.motomaniashop.com" are intended as an offer to the public by Motomania, inclusive of VAT and any other taxes. The prices shown do NOT include shipping costs. The customer will take care to view the amount of transport costs, before proceeding with the purchase. The purchase contract is finalized only by correctly completing the order form published on the site and by consenting to the purchase, manifested through online membership. The customer can choose the payment method before confirming the order, using one of the permitted methods.
2.2 The methods of payment accepted are exclusively:
- PAYPAL, through online transaction with Credit Cards (registration with Paypal is NOT required) and with all payment systems allowed by those who have a Paypal account.
- Instant bank transfer
- Standard bank transfer
2.3 Any sales INVOICE must be NECESSARILY and EXPLICITLY requested when the purchase order is entered. It will not be possible to issue an invoice after the order has been processed, or after the goods have been delivered to the shipping agent.
IT IS THEREFORE ESSENTIAL to communicate, together with the sending of the order, the requested data, BY LAW, necessary for the purpose of issuing the invoice, namely:
- COMPLETE SOCIAL REASON
- FULL ADDRESS
- VAT NUMBER
- FISCAL CODE
- INTERCHANGE CODE (SDI)
- CERTIFIED MAIL ADDRESS (PEC)
NO INVOICE WILL BE ISSUED in the event of missing, incorrect, incomplete or late information, or after the shipment of the goods.
3. COSTS AND METHODS OF TRANSPORT AND DELIVERY
3.1 The shipment of the purchased goods is entrusted to transport companies that perform national express courier service. NO LIABILITY MAY BE CHARGED TO MOTOMANIA IN THE EVENT OF LOSS, DAMAGE OR DELAY IN DELIVERY OF GOODS SHIPPED.
3.2 The electronic trolley system calculates and automatically adds costs related to shipping costs to the order. The shipping costs and any supplements are detailed in the " Shipping costs " section.
3.3 The transfer of tangible goods via the Internet, being assimilated to mail order sales, is exempted from the obligation of tax certification (receipt and receipt), as well as the issue of the invoice, unless explicitly requested by the customer. In this Motomania will issue a regular invoice for the products purchased, inserting the document in the packages shipped, or sending the document via e-mail to the order holder. For the issuance of the invoice, the information provided by the Customer at the time of the order is authentic. No change in the invoice will be possible after it has been issued.
3.4 Unless explicitly indicated by our Customer Service, delivery is meant at street level. Upon delivery of the goods by the courier, the customer is required to check:
- that the number of packages delivered corresponds to what is indicated in the shipping note delivered by the courier;
- that the packaging is intact, not damaged, nor wet or in any way altered, even in the sealing materials (adhesive tape, holds).
- Notes on delivery: if the package delivered is damaged or altered (eg with the adhesive tape cut and / or replaced), we invite the Customer to accept the package by applying the note "Accept with reserve" on the courier's document. In the event that the courier's delivery document is "Accepted without reservation", it will not be possible in any way to obtain the refund provided by the insurance. We inform the Customers that the insured shipment provides, in the ways and terms defined by the contracts with the shipper, the reimbursement of Euro 6.20 for each kilogram of weight of goods.
3.5 Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, according to the methods provided in this document.
3.6 If the material present in stock at the courier's warehouses is not collected within 5 working days due to repeated inability to deliver to the address indicated by the customer when ordering, the order will be automatically canceled.
4. LIABILITY FOR TRANSACTIONS AND SHIPMENTS
Motomania declines all responsibility in the event of disservices attributable to causes of force majeure, events that prevented the regular success of the contract, and is not responsible for loss of goods or damage suffered during transport.
Motomania is also not responsible for any illegal and fraudulent use of credit cards, checks and other means of payment, since at no time during the purchase procedure is it able to recognize the credit card number of the buyer, who, operating on a secure connection, it sends the data directly to the Banking Institute that manages the service. In the same way, it is not able to check the correct and lawful origin of the credit certificate that is delivered by the customer when the goods are collected.
5.1 All products sold by Motomania are covered by a conventional 24-month warranty from the date of purchase (unless otherwise indicated on the product page) for lack of conformity, pursuant to Legislative Decree 24/02.
5.2 The ESSENTIAL conditions for receiving warranty assistance are the following:
- the Customer must send a communication to firstname.lastname@example.org , describing the alleged defects found with appropriate clarity and detail. In support of this communication, it will be NECESSARY to attach images of adequate quality to support the complaint.
- the customer must return the product to our. headquarters (Motomania Snc - Via Pietro Cassani, 820 right - 43036 Fidenza - PR) with shipping carriage paid (transport costs paid by the Sender). Any shipments freight collect, or with transport costs paid by the Recipient, will be refused and rejected by the sender.
It should be noted that in the absence of the required documentation (email communication and photographic documentation) and / or failure to receive the goods deemed defective, it will not be possible to activate the procedure for checking the warranty terms.
5.3 The manufacturer's conventional warranty is provided in the manner described in the documentation inside the product packaging. After receiving the report from the Customer (according to the rules set out in point 5.2), Motomania will report the anomaly to the Supplier / Manufacturer and, if requested, will send the goods for the necessary checks.
5.4 The warranty applies to the product that has a lack of conformity, provided that the product itself has been used correctly, in compliance with its intended use and as provided in any attached technical documentation. This guarantee is reserved for the private consumer (natural person who buys the goods for purposes not related to his professional activity, or makes the purchase without indicating a VAT number on the order form). In the event of a lack of conformity, Motomania provides, at no cost to the customer, to restore the conformity of the product by repairing or replacing it, until the contract is terminated. If the right to replace the product under warranty is not recognized, Motomania will report the reasons to the Customer, who will be charged for any costs of verification, and / or control, and / or recovery required by the Supplier / Manufacturer, as well as the related shipping cost.
5.5 In the event that, for any reason, it is not possible to return a product under warranty (restored or replaced) to your Customer, Motomania may proceed at its discretion to return the amount paid, or to replace it with a product of equal characteristics or higher.
5.6 No damage can be requested from Motomania for any delays in carrying out repairs, replacements, or checks on the product.
5.7 In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging, any documentation and accessory equipment, such as manuals, cables, etc. ..).
We recommend particular attention to the packaging, in order to avoid damage to the product and the packaging during transport.
6. RIGHT OF WITHDRAWAL
6.1 If the customer is a private consumer (i.e. a natural person who buys the goods for purposes not related to his professional activity), he has the right to withdraw from the purchase contract, according to the rules indicated below.
6.2 To exercise this right, the Customer must send Motomania a communication on this, within and no later than 5 working days from the date of receipt of the goods.
This communication must be sent to the email address email@example.com , which will be followed, after verification of the effective applicability of the right of withdrawal, our. communication of authorization to return goods.
The returned goods must be received within 5 working days from the sending of the authorization.
6.3 The right of withdrawal is subject to the following conditions:
The law applies to the product purchased in its entirety and it is NOT possible to exercise withdrawal only on part of the product purchased.
The law does NOT apply to:
- customized products
- products incorrectly ordered by the customer
- products built on technical specifications requested by the customer
- products clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or deteriorate rapidly.
The returned products must be returned perfectly intact, in the original INTEGRA packaging and complete in all its parts, including the original packaging, any documentation, accessories supplied, such as, for example, screws, clamps, mounting brackets, wiring, etc.
Returned products in which signs of use, assembly, tampering, and / or any other type of damage that could prevent their sale as a new product will be detected, WILL NOT BE REFUNDED. The products will remain available to the customer who can collect them at their own expense.
The shipping costs for returning the products, in case of application of the Right of Withdrawal, are charged to the Customer, as well as any costs for packaging, and / or any ancillary services.
The shipment, until the certificate of receipt in our warehouse, is under the full responsibility of the customer.
Motomania is in no way responsible for damage or theft / loss of goods returned by uninsured shipments.
Upon delivery of the returned product, all checks on the product status will be carried out.
6.4 Motomania will reimburse the Customer for the amount of the returned goods (therefore excluding the transport costs originally incurred for sending the goods) within 15 days of receipt of the returned goods, by reversing the amount charged on the Card Credit or by bank transfer. In the latter case, the Customer will promptly communicate the data relating to the current account (name of the Account Holder and IBAN coordinates) on which to credit the refund.
Shipping costs will NOT be refunded. In the event that the customer has benefited from free shipping, the amount relating to shipping costs (€ 9.90) will be deducted from the refund amount.
6.5 Some products for sale contain the note "Right of withdrawal: NOT APPLICABLE" in the information sheet. These are products supplied following a specific customer request. THE RIGHT OF WITHDRAWAL WILL APPLY ON THESE PRODUCTS IN NO EVENT AND FOR NO REASON.
To avoid damage to the product and the original packaging, we recommend that you provide adequate packaging.
7. PURCHASER'S OBLIGATIONS
The consumer undertakes and undertakes, once the "online" purchase procedure is concluded, to print and keep these general conditions, which, moreover, he will have already viewed and accepted, as a mandatory step in the purchase, as well as the specifications of the product being purchased. It is strictly forbidden for the buyer to enter false, and / or invented, and / or invented data, in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and e-mail must be exclusively their real personal data and not of third parties and / or fantasy. It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. Motomania reserves the right to legally pursue any violation and abuse, in the interest and for the protection of consumers.
By filling in the space provided on the website, the Customer authorizes Motomania to use their credit card, or other card issued in replacement of the same, and to charge their current account in favor of Motomania the total amount highlighted as cost of the purchase made "online". The procedure takes place via a secure connection directly connected to the Banking Institute, owner and manager of the "on-line" payment service, to which Motomania cannot access. Should the consumer exercise the right of withdrawal (see point 8 of these general conditions) the amount to be refunded will be credited to the same credit card or in the way chosen by the customer.
9. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
Motomania has the right to terminate the stipulated contract by simply communicating it to the customer. In this case the customer will be entitled only to the refund of any sum already paid. The obligations assumed by the Customer pursuant to art. 7 (Obligations of the buyer), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 2 (sales prices and purchase methods), are of an essential nature, so that by express agreement, the Customer's failure to fulfill only one of these obligations will determine the termination of the contract by law, without the need for judicial judgment, without prejudice to the right for Motomania to take legal action for compensation for further damage.
10. TREATMENT OF PERSONAL DATA
By accepting these conditions of sale, the Customer declares to have read, understood and accepted in full, and without reservation, the rules governing the processing of personal data, set out in the specific section on the website ("Privacy").
11. APPLICABLE LAW
The sales contract between the customer and Motomania is concluded in Italy and governed by Italian law. For the solution of any civil and criminal disputes arising from the conclusion of this sales contract, the jurisdiction is exclusively that of the Court of Parma.