Terms and Conditions of Sale
1. OBJECT OF THE ONLINE CONTRACT (ORDERS)
1.1 The parties
The “online” contract accepted on the website https://motomaniashop.com is deemed to be concluded between Motomaniashop di Lombardi Alessandro e C. S.a.s. (hereinafter “Motomaniashop”), VAT No. IT 02345870345, REA No. PR-230221, registered office: Fidenza (PR) – Italy – Via Giovan Battista Della Chiesa, 13/A, and a Customer, through a distance selling system known as e-commerce. “Customer” means the person who places a purchase on the site “motomaniashop.com”. “E-commerce” refers to commercial operations (purchase of products, financial transactions, exchange of commercial information, etc.) carried out electronically over the Internet on the domain https://motomaniashop.com.
1.2 Conclusion of the contract
The purchase contract is concluded exclusively by correctly completing the order form published on the site, accepting the terms of sale and consenting to the processing of personal data.
1.3 Right to refuse
Motomaniashop reserves the right, at its sole discretion, to refuse and/or cancel any orders received.
1.4 Binding proposal and cancellations
Orders submitted through this e-commerce site constitute a binding contractual proposal by the Buyer. Therefore, once confirmed, orders cannot be unilaterally cancelled by the Customer.
The Buyer is invited to make purchases responsibly and consciously, avoiding hasty or superficial decisions.
Any cancellation requests, if exceptionally accepted at the sole discretion of the seller, will in any case entail deduction from the refund of the actual costs incurred by the seller, including, by way of example but not limited to, the fees applied by the payment service providers used (e.g. PayPal), as well as any handling fees or ancillary costs arising from the cancellation procedure.
2. SALES PRICES, PURCHASE AND PAYMENT METHODS, INVOICING
2.1 Prices and VAT
The website uses geolocation to detect the Customer’s country and determine the correct application of VAT to product prices and related shipping costs.
Displayed prices are therefore, as applicable, inclusive of VAT (for European Union countries) or exclusive of VAT (for non-EU countries, including the European Economic Area countries: Norway, Iceland, Liechtenstein; as well as Switzerland, the United Kingdom, the United States, Japan, Korea, etc.).
Important note: regardless of the country detected during browsing, it is the country specified in the shipping address that determines the applicable tax rules on prices.
2.2 Payment methods
All accepted payment methods are clearly listed on the checkout page and may vary depending on the Customer’s nationality.
2.3 Invoicing
The sales INVOICE, if required, MUST be NECESSARILY and EXPLICITLY requested at the time the purchase order is placed. It will not be possible to issue an invoice after the order has been processed, i.e., after the goods have been handed over to the carrier in charge of transport.
It is THEREFORE ESSENTIAL to provide, together with the order, the data REQUIRED BY LAW needed to issue the invoice, namely:
- FULL COMPANY NAME
- FULL ADDRESS
- VAT NUMBER
- TAX CODE (Italy only)
- SDI EXCHANGE CODE (Italy only)
- CERTIFIED EMAIL ADDRESS – PEC (Italy only)
NO INVOICE WILL BE ISSUED in case of missing, incorrect, incomplete, or late-submitted data.
NO INVOICE WILL BE ISSUED if requested after the goods have been shipped.
3. SHIPPING COSTS AND METHODS OF TRANSPORT AND DELIVERY
3.1 Shipment
Shipment of purchased goods is entrusted to transport companies providing national express courier services. NO LIABILITY CAN BE ATTRIBUTED TO MOTOMANIASHOP IN CASE OF LOSS, DAMAGE OR DELAY IN DELIVERY OF THE SHIPPED GOODS.
3.2 Shipping costs and customs duties
The electronic cart system automatically calculates and adds the shipping costs to the order.
Customers in non-EU countries are reminded that, upon delivery of the purchased products, payment of CUSTOMS DUTIES and TAXES (VAT) provided for in the destination country is required.
3.3 Fiscal documentation
The sale of tangible goods via the Internet, being assimilated to mail-order sales, is exempt from the obligation to issue fiscal receipts (till receipt or tax receipt), as well as from issuing an invoice, unless explicitly requested by the Customer. In such case, Motomaniashop will issue a regular invoice for the purchased products, placing the document inside the shipped parcels or sending it via email to the order holder. The information provided by the Customer at the time of the order is valid for issuing the invoice. No changes will be possible after the invoice has been issued.
3.4 Checks upon delivery
Unless otherwise indicated by our Customer Service, delivery is intended at street level. Upon delivery of the goods by the courier, the Customer must check that:
- the number of packages delivered corresponds to what is indicated on the waybill provided by the courier;
- the packaging is intact, not damaged, wet, or otherwise altered, including the sealing materials (adhesive tape, straps).
Additional note on delivery: if the package delivered appears damaged or altered (e.g., with cut and/or replaced tape), we invite the Customer to accept the parcel by writing “Accepted with Reservation” on the courier’s document. If the courier’s delivery document shows “Accepted without reservation of inspection”, it will not be possible to obtain the refund provided by the insurance. Please note that insured shipping provides, under the terms of the contracts with the carrier, compensation of € 6.20 per kilogram of goods weight.
3.5 Notifications
Any issues concerning the physical integrity, conformity, or completeness of the products received must be reported within 7 days of delivery, in accordance with the procedures set out in this document.
3.6 Uncollected goods
If the goods remain in storage at the courier’s warehouses and are not collected within 5 working days due to repeated inability to deliver to the address indicated by the Customer when ordering, the order will be automatically cancelled.
4. LIABILITY FOR TRANSACTIONS AND SHIPMENTS
Motomaniashop accepts no liability for service disruptions due to force majeure or events that prevent proper performance of the contract and is not responsible for loss of goods or damage suffered during transport.
Motomaniashop is also not responsible for any unlawful and fraudulent use of credit cards, cheques, and other means of payment, since at no time during the purchase procedure is it able to become aware of the purchaser’s credit card number. Operating on a secure connection, the Customer sends the data directly to the Banking Institution managing the payment service. Likewise, Motomaniashop cannot check the correct and lawful origin of the payment instrument delivered by the customer upon collection of the goods.
5. WARRANTY
5.1 Duration
All products sold by Motomaniashop are covered by a 24-month conventional warranty from the date of purchase (unless otherwise indicated on the product page) for lack of conformity, pursuant to Legislative Decree 24/02.
5.2 Essential conditions
- The Customer must send a communication to [email protected], clearly describing in detail the alleged defects found. It is NECESSARY to attach adequately clear images supporting the claim.
- The Customer must return the product to our headquarters (Motomaniashop S.a.s – Via G. B. Della Chiesa, 13/A – 43036 Fidenza – PR - Italy) freight prepaid (shipping costs borne by the sender). Any freight collect shipments (shipping costs charged to the recipient) will be refused and returned to the sender.
In the absence of the requested documentation (email and photographic documentation) and/or if the allegedly defective goods are not received, it will not be possible to start the procedure for verifying the warranty terms.
5.3 Manufacturer’s warranty procedure
The Manufacturer’s conventional warranty is provided in accordance with the procedures illustrated in the documentation included with the product. Upon receipt of the Customer’s report (as per point 5.2), Motomaniashop will inform the Supplier/Manufacturer of the reported issue and, if requested, will send the goods for the necessary checks.
5.4 Scope of the warranty
The warranty applies to products presenting a lack of conformity, provided that the product has been used correctly, in accordance with its intended use and any accompanying technical documentation. This warranty is reserved for the private Consumer (a natural person purchasing the goods for purposes unrelated to professional activity, i.e., purchases made without entering a VAT reference in the order form). In the event of a lack of conformity, Motomaniashop will, at no cost to the Customer, restore the product’s conformity by repair or replacement, up to termination of the contract. If the right to replacement under warranty is not recognised, Motomaniashop will state the reasons to the Customer, who will be charged any inspection and/or restoration costs requested by the Supplier/Manufacturer, as well as the related shipping costs.
5.5 Impossibility of replacement
If, for any reason, it is not possible to return to the Customer a product under warranty (repaired or replaced), Motomaniashop may, at its discretion, refund the amount paid or replace it with a product of equal or superior characteristics.
5.6 Timing
No compensation may be claimed from Motomaniashop for any delays in carrying out repairs, replacements, or checks on the product.
5.7 Packaging
Where returning the product is required, the item must be returned by the Customer in its original packaging, complete in all its parts (including packaging, any documentation and accessories, such as manuals, cables, etc.). We recommend particular care in packaging to avoid damage to the product and the package during transport.
6. RIGHT OF WITHDRAWAL
6.1
The laws in force (“Consumer Code”, “Civil Code” and other EU provisions) allow the Customer to exercise the Right of Withdrawal, i.e., the right to reconsider. If the Customer is a private consumer (a natural person purchasing goods for purposes NOT related to professional activity), he/she has the right to withdraw from the purchase contract as indicated below.
6.2
To exercise this right, the Customer must send notice to Motomaniashop within and no later than 5 working days from the date of receipt of the goods.
This notice must be sent to [email protected], after which—subject to verification of the actual applicability of the right of withdrawal—our return authorization will follow.
The goods subject to return must be received strictly within 5 working days from the sending of the authorization.
6.3 Conditions
The right applies to the product purchased in its entirety and it is NOT possible to exercise the withdrawal only on part of the purchased product.
The right does NOT apply to:
- custom-made products;
- products ordered by the Customer by mistake;
- products made to the Customer’s technical specifications;
- products clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
Returned products must be perfectly intact, in the ORIGINAL INTACT packaging and complete in all parts, including the original packaging, any documentation and accessory equipment such as screws, ties, mounting brackets, wiring, etc.
Costs relating to the restoration of the packaging and related materials will be charged to the Customer and deducted from the refund amount, without exception.
Returned products showing signs of use, assembly, tampering, and/or any other type of damage that may prevent their sale as new will NOT BE REFUNDED. The products will remain available to the Customer, who may collect them at his/her own expense.
Return shipping costs are borne by the Customer, as are any costs incurred for restoring the packaging, including shipping costs to the Supplier/Manufacturer for the necessary repackaging and/or any ancillary services.
Shipment, until proof of receipt at our warehouse, is under the Customer’s full responsibility. Motomaniashop is in no way responsible for damage or theft/loss of returned goods in the case of uninsured shipments. Upon delivery of the returned product, all checks on the condition of the product will be carried out.
6.4 Refunds
Motomaniashop will refund the amount relating to the returned goods (therefore excluding the original shipping costs) within 15 days of receipt of the returned goods, by reversing the amount charged to the credit card or by bank transfer. In the latter case, the Customer must promptly provide the account holder’s name and IBAN details.
Shipping costs will NOT be refunded. If the Customer benefited from free shipping, the shipping costs incurred by Motomaniashop will be deducted from the refund amount.
Costs relating to fees applied by payment gateways (PayPal, Satispay, etc.) will NOT be refunded and will be deducted from the refund.
6.5 Products excluded
Products that show on the information sheet the note “Right of Withdrawal: NOT APPLICABLE” are products procured following a specific request by the Customer. FOR THESE PRODUCTS, THE RIGHT OF WITHDRAWAL WILL NOT APPLY UNDER ANY CIRCUMSTANCES OR FOR ANY REASON.
To avoid damage to the product and the original packaging, we recommend adequate packaging.
7. OBLIGATIONS OF THE BUYER
The consumer undertakes, once the online purchase procedure has been completed, to print and keep these general conditions, which he/she will already have viewed and accepted as a mandatory step in the purchase, as well as the specifications of the purchased product. The purchaser is strictly prohibited from entering false and/or invented and/or fictitious data in the registration procedure necessary to activate, against him/her, the process for the execution of this contract and the related further communications; the personal data and e-mail must be exclusively his/her own real personal data and not those of third parties and/or fictitious data. It is expressly forbidden to make double registrations corresponding to one person or to enter data of third parties. Motomaniashop reserves the right to prosecute any violation and abuse, in the interest and for the protection of consumers.
8. AUTHORIZATIONS
By completing the appropriate space on the website, the Customer authorizes Motomaniashop to use his/her credit card, or another card issued in replacement thereof, and to debit his/her current account in favor of Motomaniashop for the total amount shown as the cost of the online purchase. The procedure takes place via a secure connection directly connected to the Banking Institution, owner and manager of the online payment service, which Motomaniashop cannot access. Should the consumer avail himself/herself 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 manner chosen by the customer.
9. CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
Motomaniashop has the right to terminate the contract by simply notifying the Customer. In such case, the Customer will be entitled exclusively to the return of any sums already paid. The obligations undertaken by the Customer under art. 7 (Obligations of the purchaser), as well as the guarantee of the successful payment made by the customer by the means referred to in art. 2 (sales prices and purchase methods), are essential, so that by express agreement, the failure, by the Customer, to comply with even one of these obligations will result in the automatic termination of the contract by law, without the need for judicial ruling, subject to Motomaniashop’s right to take legal action to claim further damages.
10. PERSONAL DATA PROCESSING
By accepting these terms of sale, the Customer declares that he/she has read, understood and fully accepted, without reservation, the rules governing the processing of personal data, set out in the specific section on the website (“Privacy”).
11. APPLICABLE LAW
The sales contract between the Customer and Motomaniashop is deemed to be concluded in Italy and governed by Italian law. For the settlement of any civil and criminal disputes arising from the conclusion of this sales contract, exclusive jurisdiction lies with the Court of Parma (Italy).