TERMS OF SALE

1. OBJECT OF THE ONLINE CONTRACT (ORDERS)

1.1 The "online" contract accepted on the website "https://motomaniashop.com/en/", is understood to be stipulated between Motomania Snc di Lombardi Alessandro & Ungarelli Dalmazio (hereinafter " Motomania "), with registered office in Fidenza (PR) - Italy, Via GB Della Chiesa, 13/A, and a Client, via an electronic sales system called e-commerce. By Customer , in relation to contracts for the sale of goods or the provision of services, we mean the Person who formalizes a purchase on the "https://motomaniashop.com/en/" website. The term e-commerce refers to operations of a commercial nature (purchase of products, economic transactions, exchange of commercial information, etc.), carried out electronically via the Internet on the domain "https://motomaniashop.com/en/".

1.2 The purchase contract is finalized exclusively through the correct compilation of the order form published on the site, acceptance of the sales conditions and consent to the processing of personal data.

1.3 Motomania reserves the right to refuse and/or cancel the orders received, according to its unquestionable judgement.

1.4 In the event of cancellation of the order requested by the Customer, motivated by second thoughts, Motomania will reimburse the amount paid, net of the commissions charged by the payment systems (in any case charged to the Merchant in the event of a refund) and any other expenses incurred for reimbursement.

2. SALES PRICES, PURCHASE AND PAYMENT METHODS, BILLING

2.1 The "https://motomaniashop.com/en/" website uses customer geolocation technology for the purpose of detecting the country of origin and consequently determining the correct application of the VAT rates to the prices of the products on sale and the relative shipping costs.

The prices displayed on the site will therefore be considered, depending on the case, with taxes included (if destined for European Union countries), or taxes excluded (for non-EU countries, such as, for example, Switzerland, Norway, UK, USA , Japan, Korea, etc.).

We inform you that, regardless of the position detected while browsing the site, it is the country indicated in the shipping address that determines the rules for applying the taxes to the prices.

2.2 All accepted payment methods are clearly listed on the checkout page and may vary depending on the Customer's Nationality.

2.3 Any sales INVOICE must NECESSARILY and EXPRESSLY be requested when entering the purchase order. It will not be possible to issue an invoice after the order has been fulfilled, or after the delivery of the goods to the forwarding agent in charge of the transport.

IT IS THEREFORE ESSENTIAL to communicate, at the same time as sending the order, the data requested, BY LAW, necessary for the purpose of issuing the invoice, i.e.:

- COMPLETE COMPANY NAME

- FULL ADDRESS

- VAT NUMBER

- FISCAL CODE (only for Italy)

- SDI INTERCHANGE CODE (for Italy only)

- CERTIFIED MAIL ADDRESS (only for Italy)

INVOICE WILL NOT BE ISSUED in case of missing, incorrect, incomplete or late data.

NO INVOICE WILL BE ISSUED if requested after the shipment of the goods.

3. COSTS AND METHOD OF TRANSPORT AND DELIVERY

3.1 The shipment of the purchased goods is entrusted to transport companies that carry out a national express courier service. NO LIABILITY CAN BE CHARGED TO MOTOMANIA IN THE EVENT OF LOSS, DAMAGE OR DELAY IN DELIVERY OF THE SHIPPED GOODS.

3.2 The electronic shopping cart system automatically calculates and adds the costs relating to shipping costs to the order.

Customers from non-EU countries are reminded that, upon delivery of the purchased products, the payment of CUSTOMS DUTIES and TAXES (VAT) foreseen in the country of destination of the goods is expected.

3.3 The transfer of tangible goods via the Internet, being assimilated to mail order sales, is exempt from the obligation of tax certification (receipt, or receipt), as well as of issuing an invoice, unless explicitly requested by the Customer. In this case Motomania will issue a regular invoice for the products purchased, inserting the document inside the packages shipped, or sending the document by e-mail to the order holder. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after it has been issued.

3.4 Unless explicitly indicated by our Customer Service, delivery is understood to be at street level. Upon delivery of the goods by the courier, the Customer is required to check:

- that the number of packages being delivered corresponds to what is indicated in the shipping note delivered by the courier;
- that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape, straps).

- Supplementary notes on delivery: if the delivered package is damaged or altered (e.g. with the adhesive tape cut and/or replaced) we invite the Customer to accept the package by applying the note "Acceptance with reserve" on the courier's document. In the event that the courier's delivery document shows "Accepted without reservation of control", it will not be possible in any way to obtain the reimbursement provided for by the insurance. We inform our customers that the insured shipment provides, in the ways and terms defined by the contracts with the forwarder, the reimbursement of Euro 6.20 for each kilogram of goods weight.

3.5 Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, according to the procedures set out in this document.

3.6 In the event of failure to collect the material in storage at the courier's warehouses within 5 working days due to repeated inability to deliver to the address indicated by the Customer when placing the order, the order will be automatically cancelled.

4. TRANSACTIONS AND SHIPMENTS RESPONSIBILITY

Motomania declines all responsibility in the event of disservices attributable to force majeure, events that prevented the regular execution of the contract, and is not responsible for loss of goods or damages suffered during transport.

Furthermore, Motomania is not responsible for any illicit and fraudulent use of credit cards, checks and other means of payment, since at no time during the purchase procedure is it able to recognize the buyer's credit card number, who, operating on a secure connection, it sends the data directly to the banking institution that manages the service. Likewise, it is unable to check the correct and lawful origin of the credit document which is delivered by the customer upon collection of the goods.

5. WARRANTY

5.1 All products sold by Motomania are covered by a 24-month conventional guarantee from the date of purchase (unless otherwise indicated on the product page) for lack of conformity, pursuant to Legislative Decree 24/02.

5.2 The ESSENTIAL conditions for using the warranty assistance are as follows:

- the Customer must send a communication to the address info@motomaniashop.com , describing, with appropriate clarity and abundance of detail, the presumed defects found. In support of this communication it will be NECESSARY to attach images, of adequate quality, in support of the complaint made.

- the Customer must return the product to our headquarters ( Motomania Snc - Via GB Della Chiesa, 13/A - Q.re La Bionda - 43036 Fidenza - PR) with carriage free (transport costs to be paid by the Sender). Any shipments in assigned port, or with transport costs borne by the Recipient, will be refused and returned to the sender.

It should be noted that in the absence of the required documentation (email communication and photographic documentation) and/or non-receipt of the goods deemed defective, it will not be possible to activate the procedure for verifying the terms of guarantee.

5.3 The Manufacturer's standard warranty is provided in the manner illustrated in the documentation inside the product packaging. Motomania , following receipt of the report from the Customer (according to the rules set out in point 5.2), will notify the Supplier/Manufacturer of the anomaly found and, if requested, will send the goods for the necessary checks.

5.4 The guarantee applies to products that present a lack of conformity, provided that the product itself has been used correctly, in compliance with its intended use and with the provisions of any attached technical documentation. This guarantee is reserved for the private consumer (natural person who purchases the goods for purposes not related to his professional activity, or who makes the purchase without indicating a VAT number in the order form). In the event of a lack of conformity, Motomania will restore the conformity of the product by means of repair or replacement, at no cost to the Customer, until the termination of the contract. If the right to replace the product under warranty is not recognized, Motomania will notify the reasons to the Customer, who will be charged for any costs of verification, and/or control, and/or restoration requested by the Supplier/Manufacturer, as well as the related shipping cost.

5.5 In the event that, for any reason, it is not possible to return a product under warranty to the Customer (repaired or replaced), Motomania may proceed at its discretion to refund the amount paid, or to replace it with a product of equal characteristics or higher.

5.6 No damages can be requested from Motomania for any delays in carrying out repairs, replacements, or checks on the product.

5.7 In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging, any documentation and accessory equipment, such as manuals, cables, etc. ..).
We recommend particular attention to the packaging, in order to avoid damage to the product and packaging during transport.

6. RIGHT OF WITHDRAWAL

6.1 The laws in force ("Consumer Code", "Civil Code" and other relevant EU provisions) allow the Customer to exercise the Right of Withdrawal, or the Right of Withdrawal.
If the Customer is a private consumer (i.e. a natural person who purchases the goods for purposes NOT related to his professional activity), he has the right to withdraw from the purchase contract, according to the rules indicated below.

6.2 To exercise this right, the Customer must send Motomania a communication on the matter, no later than 5 working days from the date of receipt of the goods.

This communication must be sent to the email address info@motomaniashop.com, which will be followed, after verifying the effective applicability of the right of withdrawal, by our communication authorizing the return of goods.

The returned goods must be received without fail within 5 working days from the sending of the authorisation.

6.3 The right of withdrawal is subject to the following conditions:

The law applies to the product purchased in its entirety and it is NOT possible to exercise withdrawal only on part of the product purchased.

The right does NOT apply to:

- custom made products
- products incorrectly ordered by the Customer
- products built on technical specifications requested by the customer
- products which are clearly personalized or which, by their nature, cannot be returned or are likely to deteriorate or expire rapidly.

Returned products must be returned perfectly intact, in the original INTACT packaging and complete in all its parts, including the original packaging, any documentation, accessories supplied, such as, for example, screws, clamps, mounting brackets, wiring, etc.

The costs relating to the replenishment of the package and related packaging will be charged to the Customer and deducted from the refund amount, without any exceptions.

Returned products showing signs of use, assembly, tampering, and/or any other type of damage that could prevent them from being sold as a new product, WILL NOT BE REFUNDABLE. The products will remain at the disposal of the Customer who will be able to collect them at his own expense.

The shipping costs related to the return of the products are charged to the Customer, as well as any costs incurred for the replenishment of the package, including the shipping costs to the Supplier/Manufacturer for the necessary repackaging and/or any ancillary services.

The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the Customer.
Motomania is in no way responsible for damage or theft/loss of goods returned by uninsured shipments.
Upon delivery of the returned product, all checks on the status of the product will be carried out.

6.4 Motomania will refund the Customer the amount relating to the returned goods (therefore excluding the transport costs originally incurred for sending the goods) within 15 days of receipt of the returned goods, by transferring the amount charged to the Card by credit or by bank transfer. In the latter case, it will be the Customer's responsibility to promptly communicate the data relating to the current account (name of the account holder and IBAN coordinates) on which to credit the refund.

Shipping charges will NOT be refunded. In the event that the Customer has benefited from free shipping, the amount relating to the shipping costs incurred by Motomania will be deducted from the refund amount.

The costs related to the commissions applied by the payment gateways (Paypal, Satispay, etc.) will NOT be refunded and therefore deducted from the refund amount.

6.5 The products that report the note "Right of Withdrawal: NOT APPLICABLE" in the information sheet are products supplied following a specific request from the Customer. ON THESE PRODUCTS IN NO EVENT AND FOR NO REASON WILL THE RIGHT OF WITHDRAWAL BE APPLICABLE.

To avoid damage to the product and the original packaging, we recommend that you provide adequate packaging.

7. PURCHASER'S OBLIGATIONS

The consumer undertakes and obliges, once the "online" purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted, as a mandatory step in the purchase, as well as the specifications of the product being purchased. It is strictly forbidden for the purchaser to enter false and/or invented and/or fictitious data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and e-mail must be exclusively one's real personal data and not of third parties and/or fantasy. It is expressly forbidden to make double registrations corresponding to a single person or enter data of third parties. Motomania reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of consumers.

8. AUTHORIZATIONS

By filling in the appropriate space on the website, the Customer authorizes Motomania to use their credit card, or other card issued to replace it, and to debit their current account in favor of Motomania for the total amount shown as the cost of the purchase made "on-line". The procedure takes place via a protected connection directly connected to the banking institution, owner and manager of the "online" payment service, which Motomania cannot access. Should the consumer make use of the right of withdrawal (see point 8 of these general conditions) the amount to be refunded will be credited to the same credit card or in the method chosen by the customer.

9. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE

Motomania has the right to terminate the stipulated contract by simply notifying the Customer. In this case, the Customer will only be entitled to a refund of any sum already paid. The obligations assumed by the Customer pursuant to art. 7 (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 2 (sales prices and purchase methods), are of an essential nature, so that by express agreement, the failure by the Customer of only one of these obligations will determine the legal termination of the contract, without the need for a judicial decision, without prejudice to Motomania 's right to take legal action for compensation for further damage.

10. PROCESSING OF PERSONAL DATA

By accepting these conditions of sale, the Customer declares to have read, understood and fully accepted, and without any reservations, the rules governing the processing of personal data, set out in the specific section on the website ("Privacy").

11. GOVERNING LAW

The sales contract between the Customer and Motomania is understood to be concluded in Italy and governed by Italian law. For the solution of any civil and criminal disputes deriving from the conclusion of this sales contract, the jurisdiction is exclusively that of the Court of Parma.

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