Terms and Conditions of Use
Art. 1. Subject Matter
These General Conditions of Sale (hereinafter "G.C.V.") concern the sale of products carried out remotely via the internet on the website www.motostores.it owned by Motostores di Innocenti Andrea.
The G.C.V. will apply between the parties to the contract, who are:
Seller: Motostores di Innocenti Andrea as identified above (hereinafter referred to as "Motostores");
Customer: the person identified by the data entered when filling out and submitting the order form electronically with simultaneous acceptance of these General Conditions (hereinafter referred to as "Customer").
It is prohibited, under personal data regulations, for the Customer to enter false, invented, or fictitious names in the online order procedure and further communications. Motostores reserves the right to report any violations and abuses to the competent Authority, in the interest and protection of consumers and public trust.
Furthermore, the Customer releases Motostores from any errors arising from the issuance of incorrect tax documents due to incorrect or incomplete information provided by the customer, who is solely responsible for correct data entry.
These G.C.V. relate to the sale of products displayed on the Motostores company website. The selling company reserves the right to modify these G.C.V. at any time by notifying Customers through publication on the Site.
Art. 2. Online Sales
An online sales contract means a distance contract, that is, the legal transaction concerning the sale of "Products" concluded between Motostores and the Customer within a distance selling system organized by Motostores, which uses "internet" and related technologies for this contract. These contracts will therefore be concluded directly through the Customer's access to the website at www.motostores.it, where, by following the indicated procedures, they will complete the contract for the purchase of the Product.
For each product, a Technical Data Sheet is available on the Site containing the main features and technical specifications as described by the manufacturers and/or importers.
The images and descriptions are taken from the catalogs of importers and manufacturers, who may make changes during production and report them with subsequent updates. Motostores is not responsible for these possible changes.
It is understood that the image accompanying the Product's Technical Data Sheet may not perfectly represent its characteristics, but may differ in color, size, included accessories shown in the picture, and may change at any time without prior notice from Motostores due to modifications made by manufacturers and/or importers.
Art. 3. Prices
The Customer may only purchase the Products offered on the site, at the price indicated in Euros, excluding taxes and customs duties (shipping costs do not include international taxes and customs duties), following the procedure indicated on the site. The correct receipt of the order is confirmed by the Company through an email sent to the email address provided by the Customer. This confirmation message will include the date and time the order was placed and a "Customer order number," to be used for any communication with Motostores. The message will include all data entered by the Customer, who agrees to verify its accuracy and promptly communicate any corrections.
The Company reserves the right, before sending the order confirmation, to request additional information from the Customer via email regarding the purchase order placed on the Site.
List prices are subject to change according to the determinations of manufacturers and/or importers. In this regard, Motostores will update the prices online accordingly.
Any errors in the publication of prices do not imply automatic acceptance of the order or shipment of goods by Motostores. In such cases, the credit card transaction will not be completed or accepted, and in the case of cash on delivery or other payment methods, the customer will be contacted to accept the amount to be paid.
Upon explicit request from the Customer to Motostores, an invoice for the shipped material will be issued and sent to the Customer. The information provided by the Customer at the time of the order will be considered valid for issuing the invoice. After the invoice is issued, no changes can be made to the data indicated on it.
Art. 4. Product Availability
In the event of unavailability of the ordered Products in stock, occurring after the order has been placed on the website by the Customer, Motostores will immediately notify the Customer at the email address provided. In such case, the transaction will be canceled.
In this case, any contractual or non-contractual obligation on the part of Motostores for the failure to conclude the contract is excluded.
Art. 5. Acceptance of General Terms and Conditions of Sale
By electronically submitting their purchase order, the Customer unconditionally accepts and agrees to comply with the G.C.T. described in this document in their dealings with Motostores, declaring that they have read and accepted all the information provided, also acknowledging that Motostores is not bound by any conditions other than those previously agreed upon in writing.
Art. 6. Payment methods
Payment for the Products purchased by the Customer as well as the related delivery charges can only be made according to the following methods:
- Credit card: In cases of purchase by credit card, at the time of completing the online transaction, the relevant bank will authorize only the commitment of the amount related to the order placed. The amount for the Products purchased will be actually charged to the Customer's credit card only when Motostores executes the order.
In the event the Customer exercises the right of withdrawal after payment for Products purchased online, Motostores will instruct the bank to credit the refund amount to the Customer's credit card.
The Customer must be the holder of a valid credit card at the time of ordering the Products purchased online.
At no point during the purchase process is Motostores able to know the customer's credit card information, which is transmitted via a secure connection directly to the bank's website managing the transaction. Motostores will not store such data in any computer archive. Under no circumstances can Motostores be held responsible for any fraudulent or improper use of credit cards by third parties during the payment of Products purchased on the site.
- Bank transfer: if this payment method is used, the Customer must make the transfer of the amount indicated in the transaction, including shipping costs, to the bank specified in the order confirmation email and before the contract is executed with the shipment of the goods.
- Online postal money order: if the Customer uses this payment method, they must communicate the money order code by email or fax to allow Poste Italiane Spa to process the payment. Failure to communicate
failure to communicate will prevent the completion 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 the carrier.
- Ordinary postal money order: using this payment method, the goods will be shipped only after Poste Italiane Spa delivers the money order. Shipment of the goods will be made only after collection.
Art. 7. Shipments
Products purchased will be shipped by Motostores to the address indicated by the Customer. Each shipment is made to the Customer using selected express couriers. Indicatively, without creating any obligation for Motostores and subject to product availability and any force majeure causes, the goods will be delivered to the courier within seven working days following the acceptance of the order by Motostores. Orders will only be processed with fully available goods. Upon receipt of the goods at their home, the Customer must check the integrity of the packages and must have the courier note and record any lack of package integrity, under penalty of losing the right to claim in this regard. In any case, the shipment constitutes delivery of the goods, which from that moment leaves the seller’s availability.
Art. 8. Product Warranty
Products purchased on the website www.motostores.it are subject, as applicable, to the provisions of Legislative Decree 2.2.2002 no. 24 (Official Gazette no. 57, 8.3.2002) on sales contracts and guarantees concerning consumer goods and, for matters not covered therein, to the specific provisions provided by the Civil Code. This warranty applies to products that show defects of conformity and/or malfunctions not detectable at the time of purchase, provided that the product is used correctly and with due diligence, that is, in compliance with its intended use and the provisions of any technical documentation, observing the various operational rules indicated therein.
The aforementioned warranty will not apply in cases of negligence, improper use, or lack of maintenance of the product.
Any non-conformity of the products must be reported within the time limits provided by law and communicated by e-mail, fax, or registered letter.
The product, even if non-compliant, at the time of return to Motostores for repair or replacement must be complete with the packaging and all accessories and documentation received by the customer at the time of purchase. Returning the product without the original packaging, accessories, and the above documentation prevents Motostores from replacing the product with the manufacturer and makes replacement impossible. In any case, the return must be communicated and agreed upon with Motostores, which must be informed about the return methods including the courier details and any tracking number. The goods being returned travel at the Customer's risk until delivery to Motostores. Motostores reserves the right to verify the actual defect reported by the Customer and to carry out the repair or replacement only after such inspection. If, following verification by the manufacturer, the defect is found not to be a conformity defect, the Company reserves the right to charge the Customer for the inspection and restoration costs as well as related transport costs.
Art. 9. Right of withdrawal
Purchases made on the website www.motostores.it are governed by Italian law on distance selling. If the Customer has made a mistake with the order and received an item they did not want, they have 10 (ten) days from the date of delivery to exercise the right of withdrawal, that is, the possibility to return the product. Pursuant to articles 64 and following of DLT 206/2005, the consumer Customer, meaning a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out, has the right to withdraw from the purchase contract for any reason and consequently has the right to return the purchased item and obtain a refund of the amount paid, in compliance with the procedures indicated below.
The right of withdrawal is subject to the following conditions:
a) the right applies to the product as a whole and not to parts or components of it;
b) in cases of prize operations or combined promotional sales, where the purchase of one item is associated with another item sold at a negligible price (or given away), the right of withdrawal will be legitimately exercised with the return of both items purchased (due to the accessory nature of the promotional item relative to the first). To exercise the right of withdrawal, the Customer, without needing to provide explanations and without any penalty, must send a communication indicating the intention to withdraw from the contract within 10 (ten) working days from the day of receipt of the item.
Motostores is not responsible in any way for damage or theft/loss of goods returned via uninsured shipments. Motostores will refund the price of the item for which the Customer has exercised the right of withdrawal provided that the item is intact and unused.
Subject to any restoration costs for damages, Motostores will refund the full amount paid by the Customer at the time of purchase of the item, within 30 days from the date Motostores became aware of the exercise of the right of withdrawal, provided that in the meantime the item has been shipped according to the above methods, by crediting the amount to be refunded 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 wrapping;
b) the absence of all integral elements of the item (accessories, tags, labels, information notes, etc.);
c) damage to the product for reasons other than its transport;
d) the use of the product;
In the event of forfeiture of the right of withdrawal, Motostores will return the purchased item already in its possession to the sender, charging the shipping costs to the sender.
Art. 10. Information and complaints
Any clarification, information about assistance services, or any complaint can be requested or submitted to Motostores at its registered office as indicated above and by email at the following addresses: informazioni@motostores.it
The information contained in the T&Cs and on the website for individual products is fully communicated through these conditions and through the product sheets pursuant to and for the purposes of Articles 52 and 53 of Legislative Decree 206/2005.
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