TERMS OF SALE
The present general conditions of sale( “ Terms of sale”) regulate the offer and the sale of products on the website: www.visenzi-motomarket.it ( The Website)
The Weibsite is managed by G. Visenzi Motomarket s.r.l, single member-company, with registered office in Brescia, Via Don Arcangelo Tadini n.33, VAT Number: 02051150171 (“G. Visenzi Motomarket”)
The present Terms of Sale do not cover the sale of products on the Weviste through links or banners provided by third parties other than G.Visenzi Motomarket. In this case , G. Visenzi Motomarket is not to be held responsible for any purchase made by the user of the Website; such sales being exclusively governed by the terms of sale of the relevant third party. By making any purchase the user expressly and unconditionally accepts these Terms of Sale as applying to the purchase. We therefore recommend a careful reading of the same before proceeding with any purchase. If the user does not agree to these Terms of Sale they are kindly requested to leave the Website or not to use the online showcase on the Website itself.
1. APPLICATION OF TERMS AND CONDITIONS
The products displayed within the different sections of the Website consist of clothing and accessories for motorcycle riders and are offered for sale to adult consumers only. The term "consumer" refers to an individual, who is buying for personal use and not in the course of any trade, business, craft or professional activities (the "Customer"). Any Customer under the age of eighteen years may purchase goods from the Website only under parental monitoring or of a guardian. G.Visenzi Motomarket reserves the right to refuse the order processing from persons other than consumers or any order that does not comply with these Terms of Sale.
2. INFORMATION ABOUT PRODUCTS AND THEIR PRICES .
In the section Catalogue, the Customer will find the description, the technical specifications and the information about the availability of the selected product(s) as well as their price(s). . The pictures of the individual products are displayed for illustration purpose only. All prices are quoted in Euros and are inclusive of VAT. G.Visenzi Motomarket reserves the right at any time to modify or update the prices of the products listed on the Website. Before making a purchase on the Website, the Customer should check the final sale price specified in the order. This amount, plus the delivery costs, will be charged to the Customer at the time of purchase. If, due to technical problems, the price displayed on the Website is lower than the actual sale price, G.Visenzi Motomarket will contact the Customer to notify the Customer of the correct price and to confirm whether the Customer still intends to buy the product at the actual price. If not, the order will not be processed. If the price displayed on the Website is higher than the actual sale price, Hevik will process the order and charge the Customer the lower price.
3. REGISTRATION ON THE WEBSITE
To purchase products on the Website’s virtual showcase the Customer may fill out the registration form temple available on the registration page: https://www.visenzi-motomarket.it/it/area-login. The Customer is requested to enter his personal information and a valid e-mail address and password, that must be kept reserved. By registering on the Website the Customer claims and warrants that all data and personal information provided are complete, truthful and accurate and undertakes to keep the registration data updated. The e-mail address and the password are used as authentication credentials that allow the Customer to access all the functionalities of the Website and to proceed with the purchase of the products displayed on the virtual showcase. All purchases made through the authentication details are deemed to be made by the registered Customer. Once the registration process is completed, the Customer agrees ,according to the current laws, to be the solely responsible for all activities carried out under the account and password, and undertakes to keep the details confidential. The Customer also agrees to be directly liable for any damages and/or loss caused to G. Visenzi Motomarket and/or third parties for the misuse and/or loss of the authentication credentials. In the event of unauthorized use or other security breach in their account, the Customer must immediately notify G.Visenzi Motomarket through Customer Service available by clicking here. G.Visenzi Motomarket reserves the right to terminate, at its sole discretion and at any time, the agreement with the Customer in case of improper use of the Website or violation of these Terms of Sale, without any obligation to inform the Customer about the reasons of this decision and without incurring any liability to the Customer. The access to the Website is free, there’s no costs will be charged to the Customer. The only cost charged to the Customer are related to the internet browsing, to which G. Visenzi Motomarket is completely unrelated.
4. PURCHASE PROCESS
To place an order of purchase of one or more products on the Website, the Customer shall choose the products individually and add them one by one to the cart. Once they have selected the product(s) they intend to purchase, the Customer may close the cart by clicking on “ Display the Cart” and will see in the shopping cart the summary of the selected products, their main characteristics, the respective price( VAT included) .The Customer will be asked to choose the best delivery solution, with the relative delivery charges and the method of payment preferred. Once all information are filled in the Customer will send the order by clicking on “Proceed to the order ” .Once the order has been accepted , the Customer will be informed that the order processing implies a payment obligation. Before proceeding with the purchase the Customer will be requested to carefully read and accept these Terms of Sale and the Policy about Personal Data Processing , a copy of which may be printed or saved in pdf format. The order processing generates a Customer’s obligation called Purchase Contract addressed to G.Visenzi Motomarket for each purchased product of the same order. The submission creates a Customer’s obligation to accept the present Terms of sale, available on the Website at any time. Upon receipt of the order , G.Visenzi Motomarket will send an e-mail confirmation of the order .the contract will be considered concluded after a previous check stock availability of the requested products by the Customer , and only after G. Visenzi Motomarket will have sent an email of purchase order acceptance from the Customer( email: “Purchase Order Acceptance”), containing a summary of the purchased products and the information related to the shipment and the delivery date in accordance under the provision described below at paragraph 6 . The Customer may cancel the order before having received the email “ Purchase Order Acceptance”. In this case, G.Visenzi Motomarket will not charge any costs at all. The purchase is subject to the right of cancellation set out below at paragraph 7 . The order will be stored in G.Visenzi Motomarket’s database for all the necessary time required by its processing, not beyond the legal deadline. The Customer can always check up the order status by simply accessing their personal area on the Website, in the section “ Display your orders”.
Before clicking on the button "PAY", the Customer will be requested to provide his credit card details (Visa,Mastercard or American Express).This data (in particular the credit card number and expiration date) will be directly handled by the credit card provider CartaSi S.p.A- authorized to offer the necessary payment services . This data will not be accessible to third partiesand will be used by G. Visenzi Motomarket exclusively to (i) complete the purchasing process; (ii) make the relevant refund(s) in the event of cancellation ; (iii) comply with a request from the authorities; (iv) prevent or report to the police the commission of fraud on the Website.
G.Visenzi Motomarket will arrange the delivery of the purchased products to the address specified by the Customer at the time of order submission, by the authorized courier. G.Visenzi Motomarket will not be responsible for any errors in the delivery due to inaccuracies or incompleteness in the filling of the order form by the Customer. The delivery of the products shall be made within the period indicated in the email “Purchase Order Acceptance”, anyway no more than 10 (ten) working days from the sale contract. All shipping costs will be charged to the Customer. G.Visenzi Motomarket delivers all over the Italian territory . If the Customer purchases a product by accessing the Website from a foreign country, they must indicate an Italian address for delivery. In the event that any purchased product is unavailable, G.Visenzi Motomarket shall notify the Customer within 10 (ten) working days from the purchase to the e-mail address specified at the time of registration on the Website. In this case the sale contract will be considered resolved and G.Visenzi Motomarket shall refund the money to the Customer ( price and delivery charges ) through the same means with which the Customer made the payment. In the case of multiple orders, the refund shall be limited to the sole price and delivery costs specifically related to the unavailable product.
Except as provided for at point 4 above, whenever the purchased article might not be to the Customer’s liking, the Customer may cancel the order within fourteen (14) calendar days from the purchase (the "Cancellation Period") of the product - or in case of multiple products purchased through a single order and delivered separately, from the delivery of the last item - the cancellation doesn’t require any motivation to be given to G.Visenzi Motomarket. A) Procedures for exercising the right of Cancellation If the customer cancels the order they must inform G.Visenzi Motomarket, before the expiry of the Cancellation Period about their intention to cancel by filling in and electronically sending the form which can be found at the following link link https://www.visenzi-motomarket.it/it/il-tuo-carrello/diritto-di-recessoor by sending a clear statement by registered mail to G.Visenzi Motomarket at: via Don Arcangelo Tadini no. 33, 25125, Brescia or by email at negozio.tadini@Visenzi-Motomarket.it. In case of use of the online form or of delivery of the declaration by e-mail, G.Visenzi Motomarket will send by e-mail to the address indicated at the time of registration, the confirm receipt of the cancellation notice. In all other cases, the onus of proving proper and timely exercise of the right of cancellation shall be on the Customer. B) Return and refund Once the right to cancellation is exercised, the Customer shall return the products in the original packaging, properly packed, within fourteen days from the date on which cancellation was communicated to G.Visenzi Motomarket. The costs of returning the products shall be borne by the Customer. Upon receipt of the returned products, G.Visenzi Motomarket shall verify the compliance with the requirements of the cancellation rights and shall send the Customer an e-mail acceptance. Should the returned products show damage or signs of misuse and tear resulting from handling of the products (other than to establish the nature, characteristics and functioning of the same) G.Visenzi Motomarket may retain, as compensation, an amount equal to the relevant diminution in value. The relevant amount will be specified in the e-mail of acceptance. G.Visenzi Motomarket shall refund the price of the product - including the delivery costs,-where expected, within fourteen days from receipt of the communication. To be mentioned that if the Customer has chosen a different kind of delivery not a standard one, the additional costs won’t be refunded. The refund shall be made using the same payment method used by the Customer for the purchase of the returned products, unless the Customer has previously accepted a different method of payment. If the consignee of the products indicated in the order is not the same person who made the payment, reimbursement of the sums will be made to the person who made the payment.. G.Visenzi Motomarket reserves the right to withhold reimbursement until it has either received the products or the Customer has demonstrated that he has returned the same, depending on which situation happens first. C) Exceptions to the right of Cancellation The right to cancel may be exercised in connection with the purchase of any product sold on the Website with the exception of sealed goods which cannot be returned for hygiene reasons or reasons related to the protection of health, if unsealed/opened after the delivery. Additionally, the right to cancel may no longer be exercised if the Customer has removed the label applied to the product and/or used or washed the purchased products.
8. RETURNS POLICY
G.Visenzi Motomarket is committed to replacing under warranty each faulty product or components . The notification shall be sent to G.Visenzi Motomarket within 7(seven) days from the delivery date, if possible via fax number : (0039) 0303533634 or by email( not by phone-call) at the following address negozio.tadini@Visenzi-motomarket.it , the product must absolutely be returned in its original packaging , in which it was delivered. All returns must be previously authorized, the Customer Service shall open a file and assign an authorization code that will be communicated to the Customer at the e-mail address indicated when registering with the Website and that shall be referred to on the transportation documents (B/L). The B/L must contain the number of the original invoice issued for the item about to be returned. The costs of returning the products shall be entirely borne by G.Visenzi Motomarket. Every product returned and not in accordance with the above mentioned conditions or identified as “intact” by our Quality control Dept will be managed as “ delivered for repair” with costs of repair and shipping to be charged to the Customer according to the price list starting from a minimum of 10euros.
The Customer benefits from the legal guarantee of compliance that G.Visenzi Motomarket must respect according to the law ( “ Legal Warranty”), that guarantees that the sold products are warranted for any defects of conformity , according to the sale contract at the moment of delivery. Unless proven otherwise, conformity flaws can be seen within 6(six) months from the delivery date of the product and were already present at that moment, unless such event could be incompatible with the characteristics of the product or the nature of the conformity flaw. According to the Consumer Code , whenever the purchased product may have a defect covered by the Legal Warranty , the Customer can exercise the right of withdraw, with no costs, restoring the product's conformity by repairing/replacing it all depending on the seller. The Customer may ask for a congruous price reduction or the termination fo the contract if any of the situation occurs: a) the repair and replacement are impossible or excessively burdensome; b) G.Visenzi Motomarket has failed to repair or replace the goods within a reasonable period of time; c) the replacement or repair previously carried out cause significant inconveniences to Customer. Any price reduction shall take into account the use that the Customer has made of the product. A minor lack of conformity for which it is not possible or is too costly to implement the remedy of repair or replacement, does not give the right to terminate the contract. G. Visenzi Motomarket is liable for any lack of conformity that is notified within 2(two) years from the delivery date. The Customer must notify the non-conformity of the purchased product within 2(two) months from the moment it has been ascertained. For this reason, G. Visenzi Motomarket kinfly advises you to keep the purchase receipt inside the original packaging, and also the transportation documents.(B/L). In case the Customer might spot a conformity flaw during the valid period of Legal Warranty , is kindly advised to contact the Customer Service at the following link: https://www.visenzi-motomarket.telemar.it/it/il-tuo-carrello/servizio-clienti, the Customer Service shall open a file and assign a code that will be communicated to the Customer in order to repair or replace the product at no expenses, at the e-mail address indicated when registering with the Website and that shall be referred to on the transportation documents (B/L). The Customer shall return the product within 30(thirty) days from the moment they receive the code. G.Visenzi Motomarket shall carry out the relevant repairs or replacements within a reasonable time after receipt of the product or the customer’s request. For more information on the formalities for the return of the goods or for requesting repair or replacement of the purchased product(s), contact Customer Service at the following link: link https://www.visenzi-motomarket.telemar.it/it/il-tuo-carrello/servizio-clienti
10. LIMITATION OF LIABILITY
G.Visenzi Motomarket does not warrant that the Website is free of defects, errors, bugs, interruptions or failures. For technical reasons( due to total foreign elements to G.Visenzi Motomarket) , certain materials and/or information on the Website may be inaccurate, as well as the software programs that support the Website may contain failures, viruses or other harmful elements. G.Visenzi Motomarket shall not be liable for any damages arising to the Customer from the use of the Website and for the functionality of the same. The Customer assumes full responsibility for any losses, costs or damages, direct or indirect and of any kind and entity, arising from use of the Website. With a special reference to the on line sales, G. Visenzi Motomarket is liable , except for cases of fraud or gross negligeance , for the direct and predictable damages at the moment the sale contract is concluded. The Customer agrees that G. Visenzi Motomarket is not liable for (i) any loss or damage arising that is not a direct or indirect consequence of any kind of non-fulfilment of the contract and that couldn’t be predictable at the moment the contract has been concluded.(ii)any loss or damage arising from minor deviations between the purchased products and the pictures, the information or the descriptions on the Website related to these products; and (iii) the delay in the delivery of the purchased products due to stock shortages. In compliance with the law, G.Visenzi Motomarket declines any liability in case the purchased and delivered product does not respect the law of the country , if the delivery address is outside the Italian territory.
11. CUSTOMER SERVICE
It is possible to obtain more information about the services provided by G.Visenzi Motormaket by contacting the Customer Service at the following number (0039)0303533634 (from Monday to Saturday between 9.30 and 18.00 , on Monday from 14.00 to 18.00 ), or by sending a written request to the address negozio.tadini@visenzi-Motomarket.it. Any claim of defect or non implementation of the sale contract must be communicated in written form to G. Visenzi Motomarket at the e-mail address : email@example.com or by registered mail to: via Don Arcangelo Tadini no. 33, 25125, Brescia. G.Visenzi Motormarket will not accept claims or complaints by telephone.
The Website and all materials made available,for exemplifying purpose but not completely exhaustive : texts, images, wallpapers, audio and video files, trademarks, logos, drawings, information, and any other material published in any format, including the menus, web pages, graphics, colors, schemes, fonts, web site design, software are the property of G.Visenzi Motomarket and are protected, inter alia, by Italian and international intellectual property laws and laws relating to rights on databases. The reproduction, publication, transmission, copying, extracting, usage , carrying out of derivative works and distribution, in whole or in part and in any form, of contents and materials from the Website, for whatever purpose, is not permitted without the written consent of G.Visenzi Motomarket. The Customer has no right of resale or commercial or other derivative use of the Website and of the contents displayed therein. The possibility of copying or downloading the content of the Website does not grant the Customer any right, title or interest in the downloaded or copied material and/or software.
13. AMENDMENTS TO THE TERMS OF SALE
G.Visenzi Motomarket reserves the right to amend the Terms of Sale at any time , in compliance with the law or regulations in order to offer new products/services. The amended Terms of Sale shall be effective from the date that they are published on the Website. The Customer will be subject to the terms in force from time to time as the order is being processed, unless the Terms of Sales or the law mandates differently.( in this case the Terms of sales shall be applicable even to previous orders) In the event that any provision of these Terms of Sale is deemed invalid, void, unenforceable or contrary to the public order , this shall not affect the validity of the remaining provisions which shall remain valid and efficient.
14. JURISDICTION AND GOVERNING LAW
These Terms of Sale are governed by and shall be construed in accordance with the Italian law. The sell of products will be governed by Italian law and specifically by the Decree no. 206 of 06/09/2005 (the Consumer Code ) and Italian Legislative Decree no. 70 of 09/04/2003 for certain aspects relating to electronic trade and by these Conditions of Sale. For any controversy regarding or derived from the present Terms of sale shall be submitted to the exclusive territorial jurisdiction where the Customer has their own residence/ domicile ,and to the territorial jurisdiction of the Court of Brescia .
15. CONTACT DETAILS
G. Visenzi Motomarket S.r.l. single member company
Via Don Arcangelo Tadini n. 33 25125, Brescia
VAT . 02051150171; CCIAA/NREA: BS / 288532
Ph.. +39 030 3533634
fax. +39 030 3533684