Art. 1. Object
These General Conditions of Sale (hereafter "C.G.V.") have as their object the sale of products carried out remotely via the Internet on the website www.motostores.it belonging to Motostores di Innocenti Andrea. The C.G.V. they will apply among the subjects of the contract which are: Vendor: Motostores di Innocenti Andrea as identified above (indicated in the following "Motostores"); Customer: the subject identified by the data entered when completing and sending the order form electronically with simultaneous acceptance of these General Conditions (hereinafter referred to as "Customer"). It is forbidden, by the legislation regarding personal data, to the Customer to enter false names, and / or invented, and / or fancy, in the online ordering procedure and in further communications. Motostores reserves the right to report to the competent Authority any violation and abuse, in the interest and for the protection of consumers and public faith. Furthermore, the Customer raises Motostores from any error deriving from the issue of incorrect tax documents due to incorrect or incomplete information relating to data supplied by the client, being the only one responsible for the correct insertion. The present C.G.V. they concern the sale of the products displayed on the website of the company motostores, The selling company reserves the right to modify at any time the present C.G.V. giving notice to Customers with the publication on the Site.
Art. 2. Online sales
By online contract of sale we mean the distance contract, that is the legal transaction concerning the sale of the "Products" stipulated between motostores and the Customer as part of a distance selling system organized by motostores which, for this reason contract, uses "internet" and related technologies. These contracts, therefore, will be concluded directly through access by the Customer to the corresponding website at www.motostores.it, where, following the procedures indicated, he will conclude the contract for the purchase of the Product. For each of the products a Technical Data Sheet is available on the Site containing the main characteristics and technical specifications of the same, as described by the producers and / or importers. The images and descriptions are taken from the catalogs of importers and producers, who during production can make changes and report them with subsequent updates. Motostores is absolutely not responsible for these possible changes. It is understood that the image accompanying the Descriptive Technical Sheet of the Product may not be fully representative of its characteristics, but differ in color, size, accessory products shown in the figure and may change at any time without any prior notice from Motostores by virtue of changes made by producers and / or importers.
Art. 3. Prices
The Customer can only purchase the Products offered on the site, at the price indicated in Euro, taxes and customs duties are not included (shipping costs do not include international taxes and customs duties) following the procedure indicated on the site itself. The correct reception of the order is confirmed by the Company by an e-mail reply, sent to the e-mail address communicated by the Customer. This confirmation message will contain date and time of order execution and a "Customer order number", to be used in the case of any communication with Motostores. The message will include all data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections. It remains the possibility, by the Company, before sending the order confirmation, to request the Customer via e-mail for further information with reference to the purchase order made on the Site. The list prices are subject to variations according to the determinations of the producers and / or importers. In this sense Motostores will proceed to the indication of the new prices with the on-line update. Any errors in the publication of prices do not imply the automatic acceptance of the order and the shipment of the goods by Motostores. In this case the credit card transaction will not be concluded and accepted and in case of cash or other form of payment the customer will be asked for the acceptance of the amount to be paid. Upon explicit request of the Customer to Motostores, the same will issue any invoice of the material sent sending it to the Customer. For the issuance of the invoice, the information provided by the Customer at the time of ordering shall prevail. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the same.
Art. 4. Product availability
In the case of unavailability of the ordered Products in stock, which occurred after the time the order is placed on the site by the Customer, Motostores will immediately notify the e-mail address indicated by the same. In this case the transaction will be canceled. In this case, any contractual or non-contractual obligation on the part of Motostores for the non-conclusion of the contract is excluded.
Art. 5. Acceptance of General Conditions of Sale
The Customer, with the electronic transmission of his purchase order, unconditionally accepts and undertakes to observe in his dealings with Motostores, the GCS described with this document, declaring to have read and accepted all the indications provided to him, also acknowledging that Motostores is not bound by different conditions unless previously agreed in writing.
Art. 6. Method of payment
The payment of the Products purchased by the Customer as well as the relative delivery costs can be made exclusively according to the following methods: - Credit card: In the case of credit card purchases, at the same time the online transaction is concluded, the reference bank will authorize the sole commitment of the amount related to the order placed. The amount related to the Products purchased will actually be charged to the Customer's credit card only at the time the order is placed by Motostores. In case of exercise of the right of withdrawal by the Customer following the payment of the Products purchased on-line, Motostores will instruct the bank to credit the amount to be refunded on the Customer's credit card. The Customer must be the holder of a valid credit card when ordering the Products purchased online. At no time during the purchase process Motostores is able to know the information related to the customer's credit card, transmitted via a secure connection directly to the site of the bank that manages the transaction. In no computer file, Motostores will keep this data. In no case Motostores can be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment of Products purchased on the site. - Bank transfer: in case of use of this payment system, the Customer must transfer the amount indicated in the transaction, including shipping costs, to the credit institution indicated in the e-mail confirming the order and before the execution of the contract with the shipment of the goods. - Online postal order: in the hypothesis that the Customer uses this payment system, the same must communicate by e-mail or fax the code of the order in order to allow the liquidation by Poste Italiane Spa. communication will not allow the conclusion of the transaction and the consequent shipment of the goods. - Cash on delivery: in this case, the Customer will pay upon receipt of the goods by paying to the carrier. - Ordinary postal order: with the use of this payment system the goods will be sent only after the delivery by Poste Italiane SpA of the money order. Only after collection will the shipment of the goods be carried out.
Art. 7. Shipping
The purchased products will be sent by Motostores to the address indicated by the Customer. Each shipment is shipped to the customer with selected express couriers. Indicatively, without this implying any constraint for Motostores and subject to availability of products in addition to any causes of force majeure, the goods will be delivered to the courier, within seven working days after the order acceptance by Motostores. Orders will be processed only with goods that are completely available. Upon receipt of the goods at home, the customer must verify the integrity of the packages, it will take care of the same to detect and note exactly the lack of integrity of the package by the courier under penalty of forfeiture to assert their rights in this regard. In any case, the shipment constitutes delivery of the goods that from that moment leaves the seller's availability.
Art. 8. Product warranty
The products purchased on the site www.motostores.it are subject to the regulations, as applicable, as per Legislative Decree 2.2.2002 n. 24 (G.U. N. 57, 8.3.2002) on sales contracts and guarantees concerning consumer goods and, to the extent not contemplated therein, to the specific provisions envisaged in this regard by the Civil Code. This warranty will apply to the product that has defects of conformity and / or malfunctions not found at the time of purchase, provided that the product is used correctly and with due diligence, ie respecting its destination and as provided for in any technical documentation , with observance of the various operating regulations indicated therein. The aforementioned guarantee will not be applicable in case of negligence, carelessness in the use and maintenance of the product. Any non-compliance of the products must be reported in accordance with the law and communicated by e-mail, fax or registered letter. The product, even if not compliant, at the time of reshipment to Motostores to be repaired or replaced must be complete packaging and all the accessories and documentation received from the customer at the time of purchase. The return of the product without the original packaging, accessories and documentation above prevents Motostores from replacing the product with the manufacturer and makes it impossible to replace it. In any case, the return must be communicated and agreed with Motostores which must be informed on how to return with the communication of the courier and any tracking number. The goods being returned travel at the risk of the customer until the delivery of the same to Motostores. Motostores reserves the right to verify the actual defect declared by the Customer and to carry out the repair or replacement only after this check. If as a result of the verification by the manufacturer the defect does not result in a lack of conformity, the Company reserves the right to charge the Customer for the costs of verification and restoration as well as the related transport costs.
Art. 9. Right of withdrawal
Purchases made on the www.motostores.it website are governed by Italian law on mail order sales. In the event that the Customer made the order wrong and received an item he did not want, he has 10 (ten) days from the delivery date to exercise the right of withdrawal, or the possibility to return the product. Pursuant to articles 64 et seq. DLT 206/2005, the consumer customer, that is a natural person acting for purposes unrelated to business, commercial, craft or professional activity carried out, has the right to withdraw from the purchase contract for any reason and therefore has the right to return the asset purchased and to obtain reimbursement of expenses incurred, in compliance with the methods indicated below. The right of withdrawal is subject to the following conditions: a) the right applies to the product in its entirety and not to parts or components of it; b) in the case of premium transactions or combined promotional sales, in which the purchase of an asset is associated with another asset that is sold at a derisory price (or given), the right of withdrawal will be legitimately exercised with the return of both the goods object of the purchase (given the constraint of the accessibility of the asset in promotion compared to the first). To exercise the right of withdrawal, the customer, without need to provide explanations and without any penalty, must send within 10 (ten) working days from the day of receipt of the goods, a communication which indicates the desire to withdraw from the contract. Motostores is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments. Motostores will refund the price of the goods for which the Customer has exercised the right of withdrawal provided the goods are intact and not used. Without prejudice to any expenses for the restoration of damages, Motostores will refund the full amount paid by the Customer at the time of purchase of the goods, within 30 days from the date on which Motostores became aware of the right of withdrawal, provided that in the meantime, the goods have been sent according to the methods indicated above, by crediting the amount to be reimbursed to the Customer's credit card. The right of withdrawal automatically expires in cases where it is ascertained:
a) the lack of the original packaging and / or packaging;
b) the absence of all the integral elements of the asset (accessories, tags, labels, information notes, etc.);
c) damage to the product for reasons other than transport;
d) use of the product;
In case of forfeiture of the right of withdrawal, Motostores will return to the sender the goods purchased and already in his possession, charging him the shipping costs.
Art. 10. Information and complaints
Any clarification, information on assistance services or any claim, can be requested or advanced to Motostores at its registered office as indicated above and by e-mail to the following addresses: informazioni@motostores.it
The information contained in C.G.V. and on the site for the individual products are in their entirety communicated through these conditions and through the cards pursuant to and for the purposes of Articles. 52 and 53 DLT 206/2005.
www.motostores.it
Motorcycle clothing and accessories
Via Stelvio, 78 - 23018 Talamona (SO)