General conditions of sale, effective from 12/01/2023.
This information is valid for the motointercom.eu site (Site).
Seller details: Tutto Moto di Eliggi Umberto Via Ennio Visca 55 00048 Nettuno (Roma) Italy VAT number OSS IT00383871001 REA RM-552473 ( Seller ).
Art. 1. Scope of application
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 Sales on the Site are reserved for those who hold the qualification of "professional". This qualification is held by the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or by his intermediary.
1.3 The time slots indicated refer to working days, therefore Saturdays, Sundays and national holidays are excluded. The images and descriptions on the site are purely indicative. Colors may differ from actual colors due to the configuration of computer systems or computers used to display them.
1.4 The General Conditions of Sale can be modified at any time. Any modifications and/or new conditions will come into effect as soon as they are published on the Site. The Purchaser is therefore invited to access the Site regularly and to consult the most up-to-date version of the General Conditions of Sale before making any purchase.
1.5 The applicable General Conditions of Sale are those in force on the date the order is shipped.
1.6 These General Terms and Conditions of Sale do not regulate the sale of products and/or services by third parties other than the Seller that may be present on the Site through link , banners or other hypertext links.
1.7 Before concluding commercial transactions with these subjects, it is necessary to check their terms and conditions of sale.
1.8 The Seller will not be responsible for the supply of services and/or the sale of products by such subjects.
1.9 On the websites that can be consulted via these links, the Seller does not carry out any type of control and/or monitoring. Therefore, the Seller is not responsible for the content of such sites or for any errors and/or omissions and/or violations of the law by such sites.
1.10 The Purchaser must carefully read these General Conditions of Sale, as well as the other information provided by the Seller on the Site, even during the purchase procedure.
1.11 In no event shall the Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, without limitation, any loss of profit or other indirect loss arising out of the use of the Site or the inability to use the Site. The Seller does not warrant: (i) that the Site is free of viruses or programs that could damage the data; (ii) that the information contained on the Site is accurate, complete and up-to-date.
1.12 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Site. The Seller also accepts orders by telephone. In this case, these General Conditions of Sale apply, to the extent compatible.
1.13 All elements of the Site are the property of the Seller or of third parties. Unless expressly authorized in writing by the Seller, the total or partial reproduction, distribution, publication, transmission, modification or sale of all or part of the content of the Site is prohibited.
1.14 In no event shall the Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, without limitation, any loss of profit or other indirect loss arising out of the use of the Site or the inability to use the Site. The Seller does not warrant: (i) that the Site is free of viruses or programs that could damage the data; (ii) that the information contained on the Site is accurate, complete and up-to-date.
Art. 2. Purchases on the Site
2.1 To make purchases on the Site, it is necessary to follow the procedure indicated on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.
2.2 The Purchaser undertakes to inform the Seller immediately if he suspects or becomes aware of an improper use or disclosure of any information published on the Site.
2.3 The Purchaser guarantees that the information provided is complete and truthful and undertakes to indemnify and hold the Seller harmless from any damage, indemnity obligation and/or penalty deriving from and/or in any case connected to the violation of this undertaking. The Purchaser undertakes to immediately inform the Seller if he suspects or becomes aware of an improper use or undue disclosure of the credentials to access the Site.
2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Conditions of Sale or any regulatory provision.
2.5 To place purchase orders on the Site it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the pages of the purchase procedure. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
2.6 On the Site: (i) no Alcoholic Products are sold; (ii) no adult products are sold; (iii) no food products are sold.
2.7 Furthermore, the Buyer will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller data; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any cost increases; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.
2.8 The colors of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the color of the Product is different from what was expected by the user. The user is invited to contact the Seller in case of doubts about the color of one or more Products on the Site.
Art. 3. Availability of Products
3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
3.2 Information on the availability of the Products is available on the Site. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it could happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product could be available for a short period of time, being, on the other hand, out of stock or not immediately available and being therefore necessary to wait for the restocking.
3.3 The Purchaser will be informed in the event of unavailability of the ordered Product. In this case, the Purchaser will have the right to terminate the purchase contract. However, note that before requesting the cancellation of the contract, the Seller reserves the right to apply the following measures:
- If a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term.
3.4 If a refund is requested for the purchase of Products which are subsequently unavailable, the Seller will refund within 2 days.
3.5 In the event that the Purchaser exercises the right of withdrawal, the contract will be terminated. In the event that the payment of the total amount due, consisting of the price of the Product, any shipping costs and any other additional costs, as indicated in the order (Total Amount Due), has already been made, the Seller will refund the 'Total Amount Due in accordance with the provisions of the article " Methods of Payment ".
Article 4. Prices
4.1 Prices on the Site include VAT.
4.2 Furthermore, on the Website the prices also include the WEEE contribution, where applicable. You are invited to contact the Seller at the contact details indicated in the introduction to find out how to manage the product you own free of charge and which is equivalent to the Product you purchased.
4.3 The Seller reserves the right to modify the price of the Products, at any time, without notice, it being understood that the price applied will be that indicated on the Site at the time the order is forwarded and that variations will not be taken into account (in increase or decrease) following the transmission of the order.
4.4 The free or otherwise of the shipping costs of the Products is indicated from time to time (in the purchase procedure, in the product sheet or in any case on the Site itself).
4.5 The Seller will ship the Products only after receiving confirmation of the payment authorization or payment of the Total Amount Due. Title to the Products will transfer upon payment.
4.6 The purchase contract is resolutely conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing between the Parties, the order will be canceled accordingly.
4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to inform the customer of the correct price even after the conclusion of the purchase order. In this scenario, the customer has the right to accept the new price or to dissolve the purchase contract. The Seller may also cancel the Product purchase contract in these cases. The Seller may also cancel the sale if there is an error in the availability of the Product.
Art. 5. Payment conditions
5.1 This article describes the payment methods available on the Site. The user can read more information by accessing the section dedicated to "Payments" on the Site. The user can access this section directly from the footer of the Site. The Total Amount due by you must be paid to the Seller according to the methods and times agreed with it and/or according to the contractual relations in force between you and the Seller.
5.2 On the Site you can purchase using payment cards. The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has released the debit authorization. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site during the purchase operation) and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site. The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the manager of the payments without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
- Wire transfer
5.3 On the Site it is possible to pay by bank transfer. the bank coordinates are communicated by email after the forwarding of the order. In the event of non-payment within 3 days of placing the purchase order, the Seller reserves the right to cancel the order.
5.4 On the Site it is possible to pay by cash on delivery. This means of payment may be subject to an additional cost, indicated from time to time on the Site as part of the purchase process. It is possible that the cash on delivery is limited to orders exceeding a certain amount: in this case the Seller will give appropriate communication on the Site or as part of the purchase procedure.
5.5 On the Site it is possible to purchase using a discount code. If the value of the discount code is less than that of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. In no case can discount vouchers be converted into cash.
5.6 Any alternative provisions to those described above are or will be described in this article.
- On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as the means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure established and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.
- On the Website it is possible to purchase the Products also using the service offered by Scalapay. If you decide to use this service, you can pay the Product in 3 installments (or in any other number indicated on the Website) without interest. In addition to these conditions of sale, the conditions of use of Scalapay apply, which we invite you to view by accessing www.scalapay.com.
- On the Site it is possible to purchase using the "PayPal Later" payment instrument. In this way you can pay the Service in 3 installments, without interest. The conditions of use of this service are governed directly by PayPal. More information can be found on the website www.paypal.com
- On the Site it is possible to pay by installments. The service or services that allow this function are indicated on the Site. The conditions of use of the service are indicated directly on the Site or on the site of the company providing the relative installment payment service.
Art. 6. Delivery of Products
6.1 The delivery of the Products is foreseen in: Europe. The user can read more information by accessing the section dedicated to "Shipping" on the Site. The user can access this section directly from the footer of the Site. In case of inconsistency between what is indicated in this document and what is described in the section dedicated to Shipping, this last section will prevail.
6.2 The delivery obligation is fulfilled by transferring the material availability or in any case control of the Product to the Purchaser.
6.3 Delivery time of the Products from the sending of the order: 1 days.
6.4 The term indicated in art. 6.3 is to be understood as indicative and not peremptory. It is up to the Purchaser to check the conditions of the delivered Product. The Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials and you are invited, in your interest, to indicate on the carrier's transport document , any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.
6.5 With reference to the possibility of requesting the delivery of the Products to a "collection point", the Seller informs you that the Site does not offer the possibility of collecting the Product at a "collection point" other than the address you communicated during the of the purchase process. In any case, you are invited to access the Site regularly to check if this delivery option is subsequently made available on the Site.
6.6 You have the option of choosing Collection in Store as the delivery method. In the event that the user chooses Collection in the Store, the user can collect the purchased Product at the point of sale ("Store") selected by him among those possibly indicated on the Site as available for collection. As soon as the Product is ready for collection, the user will be informed accordingly by the Seller. The Product can be collected by the user during the opening hours and days of the Shop. To collect the Product, the user or his delegate must provide the Store personnel with suitable documentation certifying the purchase.
Art. 7. Right of withdrawal
7.1 There is no right of withdrawal for the purchase of Products on the Site. In fact, the Purchaser acts as a Professional, for whom the law does not provide for the right of withdrawal.
Art. 8. Legal Guarantee of Conformity
8.1 The Legal Guarantee of Conformity is governed by the provisions of articles 1490 of the civil code. Therefore, the Seller is required to guarantee that the thing sold is free from defects which make it unsuitable for the use for which it is intended or appreciably reduce its value.
8.2 The guarantee is not due if the Purchaser was aware of the defects at the time of the contract; likewise it is not due, if the defects were easily recognizable, unless, in this case, the Seller has declared that the thing was free from defects.
8.3 In the presence of defects, the Purchaser can request the termination of the contract or the reduction of the price, at his choice, unless, for certain defects, the customs exclude the termination. The choice is irrevocable when it is made with the judicial request. If the delivered item perishes as a result of the defects, the Purchaser has the right to terminate the contract; if, on the other hand, it perishes by chance or through the Buyer's fault, or if the latter has alienated or transformed it, he can only request a reduction in the price.
8.4 The Purchaser forfeits the right to the guarantee if he does not report the defects to the Seller within eight days of discovery, unless otherwise established by the parties or by law. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it. The action lapses, in any case, one year from delivery; but the Purchaser, who is called for the execution of the contract, can always enforce the guarantee, provided that the defect in the thing has been reported within eight days of discovery and before the expiry of one year from delivery.
8.5 The Seller is not liable in the event of damages, of any kind whatsoever, deriving from the use of the Product improperly and/or not in compliance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.
Art. 9. Manufacturer's Warranty
The Manufacturer's Guarantee is an additional guarantee with respect to the Legal Guarantee of Conformity possibly provided by the Seller on the Products. The Products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer (Conventional Guarantee). You can assert this guarantee only against the manufacturer. The duration, the extension, also territorial, the conditions and methods of use, the types of damages/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Warranty.
Art. 10. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
10.1 The purchase contracts concluded through the Site are governed by Italian law.
10.2 For any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent, pursuant to the provisions of the Introduction.
Art. 11. Customer service
11.1 It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller at the addresses indicated in the Introduction, or by using the contact form that may be present on the Site.
11.2 The Seller replies in an indicative time of 5 days.
Art. 12. Miscellaneous
12.1 This document fully regulates the relationship between the Purchaser and the Seller. In any case, the rights and obligations established by the law applicable from time to time are reserved.
Powered by LegalBlink.