Condiciones de venta

(publishing and coming into force date 01/01/2017) 

IDENTIFICATION OF THE SELLER

The goods of the Sales conditions are sold by Motogpricambi S.R.L., which has its registered office in Vicolo Caprera n. 19 in Castelnuovo del Garda (VR), Italy, (tel +39 0452820387 fax +39 0452581707 mail [email protected], pec [email protected]), registered by the Chamber of Commerce in Verona at the number VR 370916 of the Business Register, Fiscal Code 03854060237 Vat Number 03854060237 is called as “MGPR” below.

1. ACCEPTANCE OF THE GENERAL SALES CONDITIONS

1.1 The following Sales Conditions rule the contractual relationship between MGPR, as identified upon, and the Buyer, who, through the Internet Web, buys the Products sold by MGPR. Every modification to these conditions must be accepted in writing by MGPR that, anyhow, has the right to change the mas it prefer, without previous notice to the users of the Website.

1.2 Before going ahead with the purchase of the products sold by MGPR, according to the modalities established in these Sales Conditions, the buyer expressly declares that he read carefully and completely accepted the Sales Conditions and that he read carefully each indication supplied during the purchase. These Sales Conditions are part of every purchase order and also of the Sale Contract of the products sold by MGPR.

1.3 The Buyer, if he doesn’t agree some of these conditions, can, before the payment of the goods, communicate everything to MGPR, who will check the requested changes. With the payment, the customer declares to accept the conditions and confirms that they have been the subject of specific negotiations.

1.4 If the purchase of the goods in the Sales Conditions has been made by a subject not classified as consumer (it means that it is classifiable as subject that buys one or more products for purposes that don’t refer to its business, commercial, craft or professional activity), the Buyer will not be able to benefit of the legal warranty of the article 6, the Buyer will also not be able to apply the right of withdrawal of the article 7 and the conditions of this contract in favour of the buyer will not be recognized, because these requirements are required by the law.

2. DEFINITIONS

2.1 With the expression “MGPR” you mean Motogpricambi s.r.l as indicated in epigraph. With the expression “Buyer” you mean the natural or legal person that buys the advertised products of MGPR through the website www.motoxpricambi.com. With the expression “Website” you mean the totality of the Web pages that can be accessed through the url www.motoxpricambi.com. With the expression “Products” you mean the products sold and advertised by Motogpricambi s.r.l on the website www.motoxpricambi.com and of the assortment of the company. With the expression “Order Form” you mean you mean the order of the Buyer – which contains the detail of the Products – that is generated from the system, after that the customer correctly placed the order through the procedure indicated on the Website. With the expression “Online Contract of Sale” you mean the contract of sale of the products sold by MGPR, stipulated between MGPR and the Buyer in the area of a system of selling in distance through telematic instruments, organised by MGPR.

3. OBJECT AND MODALITIES OF STIPULATION OF THE ONLINE CONTRACT OF SALE

3.1 The products are shown on the website www.motoxpricambi.com, inside the various and indicated sections. The contract between MGPR and the Buyer is concluded only through the access of the Buyer to the website www.motoxpricambi.com where, by following the indicated procedures, the Buyer will officialise the proposal for the purchase of the Products that will be confirmed later by MGPR.

3.2 You mean the “online” contract, which is accepted and concluded through the correct completion of the procedure of purchase indicated on the Website, stipulated between Motogpricambi S.R.L, having the legal headquarter in Vicolo Caprera 19 in Castelnuovo del Garda (Verona), Italy, (phone number +39 0452581707 email [email protected], pec [email protected]) and the Buyer, through a telematic system of sale of e-commerce.

3.3 The Buyer can buy the Products as shown on the website. The Buyer, by following the procedure of purchase indicated on the Website, can choose the Products in which he is interested in and check the value that he wants to buy with the related shipping costs.

3.4 The Buyer starts the procedure of purchase by selecting, from the main page of the Website, the category of the desired Product. After that it will be required to indicate the correct bike’s model for which you want to buy from MGPR. So a page of the accessories available for the bike will be shown. A second research is also available that starts from the bike’s model. The Buyer can add the Product that desires by choosing the correct option and he will decide to continue with the shopping or see the cart. If he chooses this last option, he will be redirected to a page of the Website where he could choose the desired method of Payment and Shipping. After the confirmation of the previous fields, it will be asked to the Buyer to fill in the correct details for the invoice and shipping. There is also the possibility to register on the Website. After adding the requested details and accepted the Sale Conditions of MGPR, through to the check marks, the Buyer will be redirected to a page where he can pay the order.

3.5 The contract of sale is ended through the correct compilation of the order form published on the Website and through the selection and compilation of the various fields that will appear when you follow the procedure of purchase indicated on the Website and through the consent to the purchase, shown through the online acceptance. After that the customer will receive an email that sums up the order, it is printable and there will be all details of the Buyer, the main features, the price of the purchased goods, the shipping fees and the optional charges, the ways and terms of payment, the address where the goods will be sent and the possibility of the right of withdrawal, through a link that will redirect the Buyer to this right.

3.6 The Order form is like a contractual proposal of the Buyer shown online. As soon as MGPR receives from the Buyer the order, sends a confirmation via email. The contract is ended and effective between the parties as soon as the confirmation of the order is sent to the Buyer. The confirmation of the order will contain a summary of the order where there will be all details of the Buyer, the main features, the price of the purchased goods, the shipping fees and the optional charges, the ways and terms of payment, the address where the goods will be sent and the possibility of the right of withdrawal, through a link that will redirect the Buyer to this right.

3.7 The Supplier reserves the right to refuse the request of purchase made by the Buyer through the Order form and nothing will be given to the Buyer.

3.8 The propriety of the Product will go to the Buyer in any case only through the payment of the price in favour of MGPR.

3.9 It’s an exclusive cost of the Buyer the potential charges of connection through Internet on the Website, included the telephone charges, applied by the operator chosen by the Buyer.

4. METHOD OF PAYMENT AND REFUND

4.1 The Buyer can choose the method of payment before the confirmation of the order, by using the modalities indicated on the Website. The payment of the goods by the Buyer will happen by using the requested method of payment as soon as the Buyer places the order. The Buyer doesn’t have to pay more than the total amount of the order.

4.2 The sale prices of the Products exposed on the Website don’t include the shipping charges. The Buyer can choose the shipping charges before the purchase.

4.3 The methods of payment are indicated each time, for every individual Product, during the purchase on the Website. Every purchase made by the Buyer can be made only through those ways. In general, those ways are: Bank Transfer and PayPal (Credit Cards).

4.4 Every possible refund to the Buyer will be credited according to one of the modalities in usage at MGPR. If the refund is through bank transfer, it could be made only if the owner of the bank account will be the same subject that placed the order.

5. COSTS AND METHODS OF TRASPORT AND DELIVERY

5.1 After the receipt of the payment, MGPR will deliver the selected and ordered Products, according to the ways chosen by the Buyer on the Website, these methods are also reported in the sent confirmation of the order.

5.2 The Buyer has to check through Custom Authorities the absence of potential limits to the import of the goods. MGPR will not be responsible for potential prohibitions of the import, expected in the destination Country of the purchased Product.

5.3 The delivery time may slightly change, depending on the order, according to the parts ordered, the quantities, the availability of the Product in the warehouses and the production and delivery delay of the suppliers.

5.4 The delivery dates are indicated on the Website, as soon as you order. If they are not indicated, the orders paid through credit card will be sent after 1-12 business days, since the day of the receipt of the payment. About orders paid through bank transfer it will be necessary to add the delay of the bank institutions to credit the money, it means 3-5 business days more

5.5 The maximum delay of the consignment of the order to the shipping company will be 20 business days after the receipt of the payment.

5.6 If the shipping of the order requires more than 20 business days, we will communicate over the phone or via email the new delivery date. In this case, the Buyer could delete his order or continue it.

5.7 The shipping of the purchased goods is entrusted to the Shipping Companies that offer an express, national/international courier service, with a delivery that varies between 1 and 12 business days, since the day that the courier gets the packet. No responsibility will be given to MGPR in case of loss, damage or delay in the consignment of the shipped goods. The delivery will be done to the address indicated to the Buyer at the end of the purchase or in PayPal’s systems. The Buyer, when he orders on the Website, will apply itself to check that the information will be correct.

5.8 The System of “electronic shopping cart” on the Website, as soon as you order, automatically calculates and adds the costs regarding the shipping.

5.9 The sale of material goods online, as Product sold by MGPR, is assimilated to the mail order sales, it means that it is exonerated from the obligation of fiscal certification (receipt) or the issue of the invoice, if it is not requested by the Buyer. If the Buyer requires it, MGPR will issue a legal invoice of the purchased products, by adding the document inside the packet or sending it via email to the Buyer. There is no possibility to change the invoice after that we issue it.

5.10 Unless explicit indication from our Customer Service, the delivery will be street floor. As soon as the courier delivers the packet, the Buyer has to check:

A. that the product is undamaged: if the packet has no damages, you have to indicate on the delivery document: “PACKET UNDAMAGED, RESERVE TO CHECK THE CONTENTS”;

B. that the number of the delivered packets will be as indicated on the delivery document given to the courier;

C. that the package is undamaged and unaltered, also the closing materials (tape) should be in good conditions;

If the delivered packet is damaged or altered (e.g. the tape is cut or changed) the Buyer has to write the note “Acceptance with Reserve” on the document of the courier and to indicate the damage (e.g. right side pressed, broken, hole in the box etc..). If the delivery document of the courier shows that the Buyer accepted the packet without the reserve to check the contents, it will not be possible to get a refund from the insurance company.

5.11 The insured shipping considers, in the ways and terms defined by the contracts with the courier, the refund of the amount of the goods. If you don’t follow what is written in the code of the insurance, the insurance company will not issue a refund for the damaged product and we will not refund you or send you a new product.

5.12 Unless that the Buyer is not a consumer, potential problems regarding the integrity, relevance or completeness of the order must be reported within 7 days of the delivery of the packet, according to ways indicated in this contract.

5.13 If the Buyer doesn’t collect the packet within 5 business days at the warehouses of the courier, due to a repeated impossibility to deliver the goods to the address of the Buyer, the order will be cancelled.

5.14 The delivery date indicated on the Website are not binding, but only indicative.

5.15 The shipping of the goods may consist also of partial deliveries (it means more than one shipping for each order), if the order has 2 or more Products of different brands. IN THIS CASE THE CUSTOMER DOESN’T HAVE TO PAY MORE THAN WHAT THE ELECTRONIC CART INDICATED, POTENTIAL ADDITIONAL CHARGES WILL BE PAID BY MGPR.

6. AVAILABILITY OF THE PRODUCTS

6.1 On the website we indicate detailed information about each Product. Each sheet indicates the availability of the products at MGPR’s warehouses and the approximate delivery date. For nature of the online sales through e-commerce, it may be possible that the indication about the availability of the Products may not be correct. NO RESPONSIBILITY WILL BE GIVEN TO MGPR IN CASE OF WRONG INDICATION OF THE AVAILABLE QUANTITIES OR FOR POTENTIAL LONG DELIVERY DATE

6.2 Some Products have the note “Right of Withdrawal: NOT APPLICABLE”. It’s about products which are not available in the warehouse of the seller and manufactured later, when the Buyer requires them, so you have to considerate them as made to measure. ON THOSE PRODUCTS IN NO CASE AND FOR NO REASON IT WILL BE POSSIBLE TO APPLY THE RIGHT OF WITHDRAWAL.

7. RESPONSIBILITY OF TRANSACTIONS AND SHIPPING

7.1 MGPR denies any responsibilities in case of disruptions caused by force majeure or events that impedes the correct execution of the contract and will not be responsible in case of losses or damages of the goods, happened during the transport. MGPR is not responsible regarding illegal or fraudulent use of credit cards, checks or other methods of payment, because the procedure of purchase is not able to recognise the number of the credit card of the Buyer, who operates under a safe connection, sends the details directly to the Bank institute that manages the service. In the same way, MGPR is not able to check the correct and legal origin of the title of credit, given by the Buyer when he collects the goods.

8. WARRANTIES

8.1 All products sold by MGPR are covered by a conventional warranty of the manufacturer and by a guarantee of 24 months regarding compliance defects, according to the Codice Del Consumo (DLgs 205/2005) if the Buyer is a consumer and according to the Codice Civile Italiano if it is a dealer. In order to get the assistance in guarantee, the Buyer has to keep the note of order which is inside the sent packets.

8.2 The conventional warranty of the manufacturer, if it exists, is supplied according to the ways shown in the documents which is inside the packet of the Product. MGPR will give the Product or the component of the Product back to the manufacturer (or to the potential Assistance ) in order to check the reported defect. If there is no right to change the product, according to the warranty, MGPR will inform the Buyer about that and explain the reasons, in this last case we will charge potential costs of checks or reactivation asked by the assistance service of MGPR and also the refund of the shipping costs will be asked to the customer, if they are supported by MGPR.

8.3 The warranty of 24 months is applied to the Product that has compliance defects, in the case that the product has been used correctly, according to the destination of the use and to the technical documentation attached. This warranty is only for Buyer as the private consumer (it means that buys goods not for professional purposes, so he doesn’t indicate the VAT Number in the order form). In case of compliance defects, MGPR considers, with no costs for the Buyer, at the restore of the compliance of the products through reparation/substitution or reduction of the price.

8.4 In case of this right of substitution of the Product or reduction of the price are not recognised, MGPR will report the reasons to the Buyer. In this last case we will charge potential costs of checks or reactivation asked by the assistance service of MGPR and also the refund of the shipping costs will be asked to the customer, if they are supported by MGPR.

8.5 The substitutions in case of DOA (Dead on Arrival, it means that the product doesn’t work on delivery) happen only if they are clearly expected by the manufacturer. The time of the substitution or a potential reparation depends on the politics of the manufacturer

8.6 In case of, for any reasons, it will not be possible to give to the Buyer a restored or replaced product. MGPR can decide to give back the whole amount that the Buyer paid or offer the substitution with a Product that has the same or better features.

8.7 No damage can be asked to MGPR in case of delays in doing a reparation or substitution.

8.8 In case of restitution of a non-compliant Product, the product must be sent back by the Buyer in the original package, completed in all its parts (included packages or potential documentation and accessories: manuals, cables, etc …) In order to limit damages to the original packaging, we recommend, for how much it would be possible, to predict a correct packaging.

8.9 The warranty offered by MGPR falls when you mount/modify the Product.

8.10 Potential reports should be sent to the email address [email protected] , and you should also indicate the references to the order.

9. CLAIMS AND RIGHT OF WITHDRAWAL (Applicable in case of the Buyer is a consumer)

9.1 Potential claims should be forwarded to the email address [email protected] and you should indicate the details of your order.

9.2 Only if the Buyer is a consumer (it means a person that buys the goods for purposes that don’t refer to a professional activity, so you don’t indicate the VAT Number in the order form), has the right to retreat for any reasons from the contract of purchase, with no necessity to give explanations and with no penalties, within 14 (fourteen) days since the delivery of the bought Product, so when you get the physical possession of the Product. In case of an order regarding multiple goods or separate deliveries, the time begins when the Buyer gets the last product.

9.3 In order to use the right of withdrawal, the Buyer consumer has to send to MGPR a written communication of withdrawal, within 14 (fourteen) days since the delivery of the Product, through registered mail to Motogpricambi S.R.L – Vicolo Caprera 19 – Castelnuovo del Garda 37014 – VR – Italy and specify the will to retreat from the purchase of the Product; for this communication the following form must be fulfilled:

MODULO DI RECESSO

(Compilare e trasmettere il presente modulo solo se si desidera recedere dal contratto)

DESTINATARIO: Motogpricambi S.R.L – Vicolo Caprera 19 – Castelnuovo del Garda 37014 – VR – Italia

Con la presente io  ___________________________________ notifico il recesso dal contratto di vendita dei seguenti beni: _______________________________________________________________

ORDINE DEL  __________________________________________________________

MERCE RICEVUTA IL ___________________________________________________

NOME DEL CONSUMATORE______________________________________________

INDIRIZZO DEL CONSUMATORE__________________________________________

______________________________________________________________________________

Firma del Consumatore  Data

______________________________  ___________________________

9.4 As soon we receive the communication of withdrawal with bank details, we will check the requests within 30 days, if everything is correct, we will refund you minus the shipping costs and the costs of work/packaging etc that should be circa 8%.

9.5 The refund can be suspended until the delivery of the purchased goods.

9.6 The right of withdrawal has the following conditions:

• you can apply the right on the whole Product; it’s not possible to apply the right of withdrawal only on a part of the purchased good;
• the right doesn’t apply in case of events expected by the art. 59 del Codice del Consumo (D.Lgs 206/2005) and, especially, regarding goods produced on demand (for example sticker kits, custom stickers, fairings for naked motorbikes, vintage fairings, custom or painted fairings, etc.) or products built according to the technical specifics of the Buyer, clearly custom products or that, according to their nature, they can’t be sent again or they risk to deteriorate or change quickly.

9.7 In case of you apply the right of withdrawal, the Product must be sent back to Motogpricambi srl (Lungadige Trento 22 – Bussolengo 37012 – VR – Italia srl) intact, in the original packaging and with all its parts (included packaging or potential documents and accessories) within 14 days that the customer communicated to MGPR the decision to recede from the contract, the end is respected if the customer sends the goods back within 14 days. In order to limit damages to the original packaging we recommend to use an appropriate packaging.

9.8 According to the law, the costs to send the product back must be paid from the Buyer. The shipping, until the delivery at the warehouse of MGPR, is under responsibility of the Buyer. In case of damages to the product during the transport, MGPR will inform the Buyer about that (within 5 business days since the day of the delivery of the packet at its warehouses), in order to make a claim with the insurance company of the courier and get a refund of the value of the goods (if insured); in this case, the product will be available to the Buyer for its return, in the same moment the request of withdrawal will be deleted.

9.9 MGPR is not responsible for damages, thefts or losses of the goods during the shipping back for their return. At the delivery at the warehouses of MGPR, the returned goods will be checked in order to detect damages or changes that were not caused by the transport. If the packaging or the goods are damaged, MGPR will debit the costs for the restore of the Product to the Buyer.

9.10 In case of withdrawal, except in the possibility of restore costs, MGPR will refund to the Buyer the received payments for the purchase of the Product. No shipping costs will be refunded and no other penalties will be applied.

9.11 The refund will happen as soon as possible, within 14 (fourteen) days since that MGPR received the communication of withdrawal, the refund will be made through the same method of payment of the initial transaction, it means the method indicated by the Buyer and approved by MGPR. In case of bank transfer, the Buyer has to communicate as soon as possible the bank details (IBAN code) of the bank account where MGPR has to credit the refund.

9.12 The right of withdrawal completely falls if the essential condition of integrity of the goods (packaging or contents) is missing:

• Missing external or internal original packaging
• Missing integrity elements of the Product (accessories or other parts)
• The damage of the product is caused by different reasons that don’t concern transport
• Damages or used Product also for testing on the bike with signs of wear.

In case of decadence of the right of withdrawal, MGPR will send the purchased Product back and will debit to the Buyer the shipping costs.

9.13 The request for cancellation of orders for painted fairings during production is subject to a penalty of up to €600.00, based on the progress of production and the costs incurred up to now. If the fairing is already ready for shipment or is in transit, it is not possible to request its cancellation.

10. USAGE OF THE GOODS

10.1 Homologated products for street legal purposes are indicated with the lettering HOMOLOGATED. All other Products ARE NOT HOMOLOGATED for street legal purposes, they are sold only for track purposes, shows or fairs and other cases allowed by the law. MGPR is not responsible for potential damages caused by a wrong installation or wrong usage of the Product.

11. OBLIGATIONS OF THE BUYER

11.1 The Buyer obligates, as soon as the procedure of “on-line” purchase is ended, to print and keep these Sales Conditions (that has already read and accepted, because it is an obligatory step for the purchase) and also the specifics of the purchased Product.

11.2 It’s strictly forbidden to the Buyer to indicate fake, invented or fantasy details during the registration process, necessary to activate the purchase process and necessary for further communications; personal data or emails must be own and real and not of third parties or fantasy. It is strictly forbidden to do double registrations for one person or put data of third persons. MGPR has the right to prosecute every violation and abuse, in the interest and for the protection of consumers.

12. REGULATION OF THE SUPPLY AND USAGE OF THE STICKERS

12.1 All stickers supplied by MGPR are supplied only for the purposes allowed by the law and, in particular, for a personal and private usage with exclusion of economical or distinctive purposes, it means to detect the origin of the product or services from certain subjects/companies.

12.2 The supply of stickers is not understood as existence of specific relations or agreements between MGPR or potential third subjects/companies and even the attributability of the products sold by MGPR and potential third subjects/companies.

12.3 The logos and marks are not applied on the fairings or supplied by MGPR on the products that sells.

12.4 The stickers are supplied according to the specifics of the Buyer, that assumes all responsibilities regarding their production and usage, the Buyer will guarantee the respect of the regulations that are applicable, like the industrial property (D.Lgs. 30/2005) and the copyright (L. 633/1941) and due to that, MGPR will decline every responsibility.

13. AUTHORIZATIONS

13.1 By compilating the specific window in the procedure of purchase on the Website, that reports the ways of payment, the Buyer authorizes MGPR to use the credit card or another card and debit on the bank account the total amount of the online purchase in favour of MGPR

13.2 The procedure happens through a safe connection, directly connected to the Bank, owner and supplier of the online payment service, MGPR will not be able to access to it.

14. CONTRACTUAL RESOLUTION AND EXPRESS RESOLUTION CLAUSE

14.1 MGPR can end a contract made with the Buyer by giving a communication to him, with correct and justified motivations. In this case, the Buyer has the right to receive back the sum of money paid only.

14.2 The obligations taken on by the Buyer that are written in the article 9 (Obligations of the buyer) and the payment of the Products according to the articles 3 and 4 have an essential character, so if the Buyer doesn’t fulfil one that obligations will cause the end the rights of the contract without the necessity to have a judicial verdict and also a refund for the damages caused to MGPR.

15. FORCE MAJEURE

15.1 MGPR will not be responsible in case of full or partial non-fulfilment to its obligations expected in this contract, if this non-fulfilment is caused by unpredictable or natural events that are outside its reasonable control, including, for example, catastrophic natural events, terrorism act, wars, popular revolts, missing of electric energy, general strike of the public workers or private, strikes or restrictions regarding the practicability of the couriers or airplane links.

16. WAYS OF STORAGE OF THE CONTRACT

16.1 According to the article 12 of the D.Lgs. 70/2003, MGPR informs the Buyer that every sent order and the confirmation of the order are preserved in digital way on the servers owned by Aruba.it according to the standards of the privacy and security.

17. PRIVACY

17.1 The requested private data during the procedure of purchase are collected and treated in order to satisfy the requests of the Buyer and they will not be given to third parties in any case and they will not be used to send advertisement, unless that the owner approves this purpose. Motogpricambi S.R.L grants to its customers the respect of the law of the use of personal data, according to the code of the privacy DL 196 of 30.06.03. Owner of the use of data is Motogpricambi S.R.L – Vicolo Caprera 19 – Castelnuovo del Garda 37014 (VR)

17.2 Further information regarding the Privacy are available at the following link:

https://www.motoxpricambi.com/privacy_policy.html

18. APPLICABLE LAW

18.1 The contract of sale between the Buyer and Motogpricambi S.R.L is concluded in Italy and regulated only by the Italian Law. For every dispute that doesn’t end with a friendly solution, the jurisdiction is only of the Court of Verona, only if the Buyer is a consumer, the law and the Court expected by the Consumer Code.

19. ONLINE RESOLUTION OF THE DISPUTE FOR CONSUMERS (Applicable only if the Buyer is a Consumer)

19.1 We warn the European consumer that buys on the Website or online with MGPR that he can solve in a non-judicial way every dispute regarding or originated by the contract of sale of goods or services stipulated with MGPR, through alternative systems of resolution of the online disputes (ODR) as expected at the link: http://ec.europa.eu/consumers/odr/. If you turn to these systems, even if not compulsory for the consumer, you will get a resolution avoiding the judicial procedures. We inform that the point of contact ODR in Italy is the European of Consumer Italy (ECC-NET https://www.ecc-netitalia.it/it/). MGPR is available to answer to each question sent via email to [email protected].