Terms and conditions of www.italmoto.com
These Terms govern your use of this Website e any other Agreement or legal relationship with the Owner in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
This Website is a service of:
Motocicli Italiani Srl -Via Amato 20- Caserta, 81100
Owner’s email address: email@example.com
“This Website” refers to
this site, including its subdomains and any other site through which the Owner offers the Service;
The use of the Service/this Website is reserved for Consumers only.
The use of this Website and of the Service is reserved for Adult Users in accordance with the applicable law.
The right of withdrawal applies only to European Consumers.
Unless otherwise specified, the conditions of use of this Website set out in this section have general validity.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using this Website, the User declares to meet the following requirements:
The User acts as a Consumer;
The User is an adult in accordance with the applicable law;
You are not located in a country subject to a government embargo by the United States of America or in a country listed by the Government of the United States as a state sponsor of terrorism;
The User is not listed on any list of denied contractors by the Government of the United States of America;
To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
You can use the Service even without registering or creating an account. In this case, however, certain functions may not be available.
It is the responsibility of the Users to keep their access credentials in a secure way and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials.
Users are required to inform the Owner immediately and unequivocally using the contact details indicated in this document if they believe that their personal information, such as for example the User account, access credentials or personal data, have been violated, unlawfully disclosed or subtracted.
The User is free to close his account and cease using the Service at any time, following this procedure:
Using the account closure tools available on this Website.
By contacting the Data Controller at the contact details in this document.
Account suspension and deletion
The Owner reserves the right to suspend or cancel a User’s account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or indemnity.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.
Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate the applicable legislation or the rights of third parties. However, this result is not always possible.
In such cases, without any prejudice to legally exercisable rights and claims, Users are requested to address the relative complaints to the addresses specified in this document.
Rights to the contents of this Website
The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/assigning to third parties or creating works derived from the content available on this Website, to allow third parties to undertake such activities through your User account or device, even without your knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain contents available on this Website exclusively for personal and non-commercial purposes and on condition that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller.
The limitations and exclusions provided for by copyright legislation remain unaffected.
Access to external resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.
It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate the law, regulations or the rights of third parties.
Therefore, the Owner reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to this Website or to the Service, terminate contracts, denounce any reprehensible activity carried out through this Website Web or the Service to the competent authorities – p. eg. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that he puts in place:
violations of law, regulation and/or the Terms;
infringement of third party rights;
acts that may considerably prejudice the legitimate interests of the Data Controller;
offenses to the Owner or to a third party.
TERMS AND CONDITIONS OF SALE
Some of the Products offered on this Website as part of the service are paid.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.
Prices, descriptions and availability of the Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented as accurately as technically possible, the representation on this Website by any means (including, as the case may be, graphics, images, colors, sounds) is intended for reference only and not implies no guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Each stage, from choosing the product to placing the order, is part of the purchase process.
The purchase procedure includes the following steps:
Users are requested to choose the desired Product and to verify their purchase choice.
After checking the information visible in the purchase choice, Users can place the order by submitting it.
Sending the order
Sending the order involves the following:
The sending of the order by the user determines the conclusion of the contract and causes the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
In the event that the purchased Product requires an action on the part of the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the User’s obligation to collaborate with consequence.
Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.
During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Website:
include all applicable fees, taxes and costs.
Means of payment
The details relating to the accepted means of payment are highlighted during the purchase procedure.
Some means of payment are linked to additional conditions or involve additional costs. Detailed information is given in the relevant section of this Website.
All payments are managed independently by third party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.
In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. In the event that the payment is not successful, the Owner reserves the right to request the User to be reimbursed for any related expenses or damages.
Retention of title
Until payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users must check the contents of the package and promptly report any anomalies to the addresses listed in this document or as described in the delivery note. Users can refuse to accept the package if it is visibly damaged.
Delivery can take place in the following countries or territories: Italy, Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia-Herzegovina, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Former Yugoslav Republic of Macedonia, Finland, France , Georgia, Germany, Greece, Ireland, Iceland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Norway, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, Russia, San Marino, Serbia , Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, Hungary.
Delivery times are indicated on this Website or during the purchase procedure.
The Owner is not liable in any way for any delivery errors deriving from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to a courier appointed by the User and not proposed or approved by the Owner.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, each delivery attempt starting from the second will be charged to the User.
Right of withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who has the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercise of the right of withdrawal
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
To this end, the User can use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.
When does the withdrawal period expire?
In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by him and other than the courier – takes possession of the goods.
In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good made up of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by him and other than the courier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the higher cost deriving from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.
The refund takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment used for the initial transaction. The User does not have to bear any costs as a consequence of the withdrawal.
… on contracts for the purchase of material goods
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
The User is responsible for the decrease in the value of the goods deriving from a use of the goods other than that necessary to establish their nature, characteristics and functioning.
The return shipping costs are borne by the Owner.
UK User rights
Right to cancel
Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.
Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.
Exercising the right to cancel
To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires. When does the cancellation period expire?
Effects of cancellation
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…ON THE PURCHASE OF PHYSICAL GOODS
Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the User.
Direitos do Usuário brasileiro
Direito de arrependimento
Salvo se for estipulada abaixo uma exceção aplicável, os Usuários Consumidores no Brasil terão o direito legal de arrependimento de acordo com a legislação brasileira. Isto significa que o Consumidor tem o direito de rescindir os contratos online (contratos à distância ou celebrados fora do estabelecimento comercial) por qualquer motivo e sem justificativa, no prazo de 7 (sete) dias a contar da data da celebração do contrato ou do recebimento do produto ou serviço. Usuários que não se qualificam como Consumidores não podem se beneficiar dos direitos estabelecidos nesta seção. O direito de arrependimento poderá ser exercido pelo Consumidor por meio dos canais de contato indicados no início deste Documento e de acordo com as orientações desta Seção.
Exercício do direito de arrependimento
Para exercer o direito de arrependimento, os Usuários devem enviar ao Proprietário uma declaração inequívoca de sua intenção de rescindir o contrato. Para tanto, os Usuários poderão utilizar o modelo de formulário de rescisão disponível na seção “definições” deste documento. No entanto, os usuários são livres para expressar sua vontade de rescindir o contrato através de uma declaração inequívoca por qualquer via adequada. Para respeitar o prazo estabelecido para o exercício de tal direito, os Usuários devem enviar o aviso de arrependimento antes do fim do prazo. Quando termina o prazo de arrependimento?
Efeitos do arrependimento
Os Usuários que rescindirem corretamente um contrato serão reembolsados pelo Proprietário por todos os pagamentos feitos ao Proprietário, incluindo, se houver, aqueles que cobrem os custos de entrega.
No entanto, não serão reembolsados quaisquer custos adicionais resultantes da escolha de um método de entrega específico que não seja o tipo de entrega padrão mais barato oferecido pelo Proprietário.
Este reembolso será realizado sem demora injustificada e no prazo máximo de 14 (catorze) dias, a contar do dia em que o Proprietário foi informado da decisão do Usuário de rescindir o contrato ou da devolução efetiva do produto, o que ocorrer por último. Salvo se acordado de outra forma com o Usuário, os reembolsos serão efetuados por meio do mesmo método de pagamento utilizado para processar a transação inicial. O Usuário não incorrerá em quaisquer custos ou taxas em razão de tal reembolso.
…NA COMPRA DE PRODUTOS FÍSICOS
Salvo se o Proprietário tiver se disponibilizado para coletar os produtos, os Usuários devem devolvê-los ou entregá-los ao Proprietário ou a uma pessoa autorizada por este a receber os produtos, sem demora injustificada e no prazo de 14 (catorze) dias a contar da data da comunicação da decisão de rescisão do contrato.
O prazo terá sido cumprido se o produto for entregue ao transportador ou devolvido, conforme indicado acima, antes do fim do prazo de 14 (catorze) dias estipulado para a devolução. O reembolso pode ser retido até a recepção dos produtos ou até que os Usuários apresentem prova da devolução, o que ocorrer primeiro.
Os Usuários só serão responsáveis pela redução do valor dos produtos que resulte do manuseio além do necessário para a garantia de sua natureza, características e funcionamento.
Os custos de devolução dos produtos serão arcados pelo Proprietário.
Legal guarantee of conformity of the Product according to the legislation of the European Union
According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality or characteristics for at least two years from the moment of delivery to the buyer.
If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the articles available on this Website in accordance with the laws of the country in which they usually reside.
The national laws of that country may grant such Users broader rights.
Consumers who are not acting as European Consumers may have rights to a guarantee of conformity under the legislation of the country in which they habitually reside.
Limitation of Liability and Indemnification
Unless otherwise specified or agreed with the Users, the Owner’s liability for damages related to the execution of the Agreement will be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
The User undertakes to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brands, partners and employees to the extent of the law from any claim or demand – including, without limitation, legal fees and expenses – brought by third parties due to or in connection with behavior in violation of these Terms, third party rights or the law, committed in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, co-brand owners, partners and employees, at fault.
Limitation of Liability for User Activities on this Website
Unless otherwise specified and without prejudice to the applicable legal provisions, any claim for damages against the Data Controller (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the Owner’s liability for death, damage to the person or to physical or mental integrity, damage deriving from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and/or damage caused with willful misconduct or gross negligence, provided that the use of this Website by the User has been appropriate and correct.
Unless the damages were caused with willful misconduct or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
Limitation of Liability
Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or defense which you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory laws and which constitutes a right which cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner’s discretion, to a new provision of the services or to the payment of the cost for the repetition of their provision.
The Owner provides this Website “as is” and subject to availability. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, the Owner expressly excludes conditions, covenants and warranties of any kind – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document
Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-owners of the brands, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, uninterruptedly and securely, at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk and the User is solely responsible for any damage to the computer system or mobile device or for loss of data resulting from such operation or from your use of the Service.
The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.
The Service may become inaccessible or not work properly with the User’s browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may have additional rights which vary from state to state. The limitations and exclusions set forth in this Agreement apply to the extent permitted by law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for
any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; And
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or the User account or the information contained therein;
any errors, omissions or inaccuracies in the contents;
personal injury or property damage, of any nature, resulting from your access to or use of the Service;
any unauthorized access to the Data Controller’s security servers and/or any personal information stored therein
any interruption or termination of transmissions to or from the Service;
any bugs, viruses, trojan horses or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost for an amount exceeding the one paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the Owner had been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits provided by applicable law.
The User undertakes to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brands, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expense, including, without limitation, attorneys’ fees and expenses arising out of
your use of or access to the Service, including any data or content you transmit or receive;
your breach of these Terms, including, but not limited to, any breach by you of any representations or warranties set forth in these Terms;
your violation of any third party right, including, but not limited to, any right relating to privacy or intellectual property;
the violation by the User of any applicable law, rule or regulation
any content sent from the User’s account, including, but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User’s personal username and password or other measures security, if any;
the willful conduct of the User; or
the violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, partners, suppliers and employees, to the extent permitted by applicable law
No implied waiver
Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or to any other right.
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information and will respect the rights of Users relating to continued use of the product and/or compensation, according to the provisions of the law .
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructure malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the Owner’s prior written consent, expressed directly or through a legitimate resale program.
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected under international legislation and treaties applicable to intellectual property.
All trademarks – verbal or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to international laws and treaties applicable to intellectual property.
Changes to Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will take effect in the relationship with the User only from the moment communicated to the User.
Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not want to accept the changes, he must stop using the Service and can withdraw from the Agreement.
The previous version continues to govern the relationship until the User accepts the changes. This version can be requested from the Owner.
If required by law, the Owner will inform Users in advance of the date of entry into force of the modified Terms.
Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
Should any of the provisions of these Terms be or become null or ineffective pursuant to the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object.
These Terms will be enforced to the fullest extent permitted by law.
Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to find a valid and effective replacement provision for the void, invalid or ineffective provision amicably.
In the event of non-agreement in the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not void the entire Agreement, unless the void, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of conflict rules.
Prevalence of national law
However, notwithstanding the foregoing, if the law of the country in which the User is located provides for a higher level of consumer protection, this higher level of protection prevails.
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for Consumers in Europe
The foregoing does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.
Consumers based in England and Wales can bring an action in relation to these Terms in the English and Welsh courts. Consumers based in Scotland can bring an action in relation to these Terms in the Scottish or English courts. Consumers based in Northern Ireland may bring an action in relation to these Terms in the courts of Northern Ireland or England.
Each party expressly waives any right to a trial by jury in any court of law in connection with any action or dispute.
Any claim under these Terms must be brought individually and no party must participate in a class action or other proceeding with or on behalf of anyone else.
Amicable settlement of disputes
Users can report any disputes to the Owner, who will try to resolve them amicably.
While Users’ right to take legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are kindly requested to contact the Owner at the contact details indicated in this document.
The User can address a complaint to the Owner’s email address indicated in this document, including a brief description and, if applicable, details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 21 days of its receipt.
Consumer Dispute Resolution Platform
The European Commission has introduced an online alternative dispute resolution platform that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service agreements.
Therefore, every European consumer or consumer based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.
The structure that allows the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Brazilian (or Brazil)
It applies when the User, regardless of nationality, is located in Brazil.
European (or Europe)
It applies when the User, regardless of nationality, is located in the European Union.
Model withdrawal form
Motocicli Italiani Srl -Via Amato 20- Caserta, 81100
I/we hereby notify the withdrawal from my/our contract of sale of the following goods/services:
_____________________________________________ (insert here a description of the goods/services from which purchase you intend to withdraw)
Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name of consumer(s):_____________________________________________
Address of the consumer(s):_____________________________________________
(sign only if this form is notified in paper version)
Indicates the natural or legal person who provides this Website and/or offers the Service to Users.
A good or service that can be purchased through this Website, such as for example a physical good, digital files, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.
The service offered through this Website as described in the Terms and on this Website.
All the conditions applicable to the use of this Website and/or to the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the respectively most updated version.
United Kingdom (or UK)
It applies when you, regardless of your nationality, are located in the UK.
User (or You)
Means any natural person who uses this Website.
Any User considered as such under applicable law counts as a Consumer.