General Terms and Conditions of Online Sale
Supplier identification
The goods or services covered by these general conditions are offered for sale by the sole proprietorship C.S.
Moto di Silvestri Carlo, c.f. SLVCRL74H13A944E, p.IVA 03618491207, PEC csmoto@pec.it, with headquarters in Bologna (BO) via Pellegino Tibaldi 19/B - CAP. 40129
Hereafter also referred to as "the Supplier."
1. Definitions
1.1 The expression "Online Sales Contract" means the trading contract relating to the Seller's tangible movable property, signed by the Seller and the Buyer within the framework of a distance selling system by means of telematic tools, organized by the Seller.
1.2. The term "Buyer" means the subject who makes the purchase referred to in this contract for purposes unrelated to the commercial or professional activity carried out (consumer) and/or the subject who makes the purchase referred to in this contract for purposes related to the commercial or professional activity carried out.
1.3. The term "Seller" means the subject, as identified above, the natural or legal person who acts within the framework of the commercial, industrial, handicraft or professional activity and offers the goods through the website of which it is the owner.
1.4. The term "User" means the natural or legal person who has access to the site (as defined below), also through the procedure of registration and creation of an account.
1.5. The term "Consumer" means any natural person who makes purchases for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.
1.6 The expression "Remote Communication Techniques" refers to any means that, without the simultaneous physical presence of the Seller and the Buyer, may be employed for the conclusion of the contract between the said parties.
1.7. The word "Site" refers to the web page www.csmoto.it.
2. Subject of the contract
2.1 By this contract, respectively, the Seller sells and the Buyer purchases remotely, through web tools, the tangible movable goods or services listed and offered for sale on the site www.csmoto.it.
2.2 The said goods and/or services are available on the Site, at the web page www.csmoto.it, which reproduces the catalogue of goods and/or services promoted online by the Supplier. Such goods and/or services are depicted/represented on the Site accurately, highlighting the relevant features. However, the Supplier cannot guarantee a timely and exact correspondence between the actual consistency of the goods and/or services promoted online and their representation on the Buyer's screen, In case of discrepancies between the image of the goods and/or the representation of the services visible online and their relevant information sheet, drawn up in writing, only the latter shall prevail.
3. Availability of the Goods
3.1 The Supplier shall ensure, by means of a computer system, the processing and fulfilment of the order without delay, according to the procedures set forth in paragraph 5 of these General Terms and Conditions of Online Sale. To this purpose, the Supplier's electronic catalogue will show, in real time, the available and unavailable goods, as well as the estimated time for their shipment. The aforementioned computer system will confirm, in the shortest possible time, the registration of the order, forwarding to the Buyer a specific confirmation by e-mail (the so-called Order Receipt).
3.2 If, however, an order should exceed the actual availability of stock, or is not available for other reasons, the Supplier, by e-mail or telephone, will promptly notify the Buyer of the unavailability of the goods in question and, if possible, of the waiting time to obtain them, asking again for confirmation of the order according to the different schedule stated by the Supplier itself.
4. Arrangements for the conclusion of the contract
4.1 The contract between the Supplier and the Applicant is concluded exclusively online through the Applicant's access to the web address www.csmoto.it, where, following the stated procedures, the Applicant will get to formalize the purchase proposal for the goods referred to in paragraph 2 of these General Terms and Conditions, If willing to purchase online, the Buyer shall duly select the desired goods and/or services, one at a time, by placing them in the shopping cart configured by the Supplier. Once the desired goods and/or services have been selected, the Buyer will be prompted to close its cart by forwarding the list of the desired items to the Supplier. Prior to forwarding, a form will be displayed to confirm the purchase order of the selected goods and/or services, indicating their prices, as well as the options remitted by the Buyer, who will be responsible for identifying the delivery, transport and payment methods for the execution of the contract.
4.2 By means of the order confirmation, the Buyer undertakes to check and validate, before sending them, its personal data, the goods/services covered by the Contract, their prices, with any shipping costs and/or ancillary charges, also confirming the chosen payment methods and terms, the delivery address, as well as any other required data. Having performed the required checks, it will be up to the Buyer, finally, to select the interactive button - placed in the lower part of the web page - by clicking on the "Confirm purchase order with obligation to pay" box, thus forwarding the order to the Supplier.
4.3 For any error, typo or problem while filling out the online formats and, more generally, in the execution of the purchase procedures set up by the Supplier, the Buyer is invited to contact, without delay, the following email info@csmoto.it.
5. Conclusion and effectiveness of the contract
5.1. The purchase contract is concluded by the exact completion, by the Applicant, of the order request form and the consent to purchase expressed through the acceptance sent online, after viewing a web page summarizing the order with obligation to pay. The summary, which is printable, will show the details of the Applicant and the placed order, the price of the purchased goods, the shipping costs and any additional charges, the methods and terms of payment, as well as the address where the goods will be delivered.
5.2. The purchase contract shall not be deemed finalized and effective between the parties if the provisions set forth in the preceding paragraph are not fulfilled.
6. Methods of payment and reimbursement
6.1. Any payment by the Applicant may be made only by one of the methods set forth in the appropriate web page by the Supplier and in the printable information summary as stated in paragraph 4.1.
6,2. All communications regarding payments shall take place on a special Vendor's line protected by an encryption system. The Vendor guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the applicable personal data protection regulations.
6.3 Any reimbursement to the Applicant will be credited through one of the methods proposed by the Supplier and chosen by the Applicant, in a timely way and, in the event of the exercise of the right of withdrawal, as governed by paragraph 10.1 et seq. of this contract, at the latest within 14 days from the date of receipt of the returned goods at the Supplier's registered office.
6.4 All communications relating to payments shall take place exclusively on the banking institution systems without the Supplier becoming aware of the payment data.
7. Pricing
7.1. All sales prices of the products are displayed and indicated in the website www.csmoto.it.
7.2. The sales prices referred to in the previous paragraph already include VAT, if due, and any other tax.
7.3 For sales in Italy, shipping costs and ancillary charges, if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure prior to the submission of the order by the Applicant, as well as in the printable information summary referred to in paragraph 4.1.
On the other hand, for foreign sales, the Applicant shall send a specific email to info@csmoto.it, by which the shipping costs and any ancillary charges will be inquired, as it is not materially possible for the Supplier to quantify them at the time of placing the order as referred to in paragraph 4.1.
7.4 All information regarding the products, as well as prices, can be found in the description sheet relevant to each product. In addition, the essential features of the goods and the price paid by the Applicant, called "total price," can be found in the printable information summary referred to in paragraph 4.1.
8. Delivery schedule and terms
8.1. The Supplier will deliver the selected ordered products according to the method chosen by the Applicant among those proposed on the website at the time of the goods' offer, then confirmed in the printable information summary referred to in paragraph 4.1.
8.2. The Supplier shall deliver the ordered goods, without undue delay, at the latest within 14 days (fourteen days) from the date of the Contract signing. In the event that the Supplier is unable to arrange shipment within this term, the Applicant will be promptly notified by e-mail.
8.3. Shipping methods, schedule and costs are clearly stated and well highlighted in the SHIPPING page, as well as in the printable information summary referred to in paragraph 4.1.
9. Method of storage / filing of the contract documents and Privacy Protection
9.1 Pursuant to Article 12 of Legislative Decree 70/2003, as well as to Articles 50-51 of the Consumer Code, the Buyer is informed that each of its orders sent online will be stored and filed in digital and/or paper format at the Supplier's, according to adequate criteria of confidentiality and security. For any copies or other requests in this regard, the Buyer is invited to contact the Supplier at the following email: info@csmoto.it.
9.2 The Buyer is invited to store on its device, in appropriate digital format, both the Order Receipt and the Shipment Confirmation sent by the Supplier, as well as these General Terms and Conditions of Online Sale, printing them anyway.
9.3 Personal data disclosed to the Supplier (e.g. name, contact details of the Applicant) will be used only for the purpose of correspondence with the Applicant and only for the purpose for which they were disclosed by the Applicant itself. These data will be disclosed to the shipping company as necessary for the delivery to the Applicant. For payment processing, the data concerning payment will be disclosed to the appointed credit institution, ensuring that the Applicant's data will not be disclosed to other third parties, unless otherwise required by the applicable law or expressly agreed to by the Applicant.
10. Right of withdrawal
10.1. The Applicant has in any case the right to withdraw from the contract entered into, without any penalty and without specifying any reason, within the term of 14 (fourteen) days, starting from the day of receipt of the purchased goods.
10.2. Should the Applicant decide to exercise the right of withdrawal, it must notify the Seller by registered mail with return receipt to the registered office of the company C.S. Moto di Silvestri Carlo, in Bologna (BO) via Pellegrino Tibaldi 19/B - CAP. 40129, or to its PEC address csmoto@pec.it.
10.3 The return of the goods by the Buyer must take place without delay and, in any case, within 14 days (fourteen days) from the date of notifying the withdrawal to the Supplier.
In order to exercise the right of withdrawal, it is necessary that the purchased goods are intact and that the item is placed in the original wrappings and packaging of the goods, or however equivalent, suitable to preserve its integrity and to adequately protect it during transportation.
The return of the goods following the exercise of the right of withdrawal must be made to the registered office of the company C.S. Moto di Silvestri Carlo, in Bologna (BO) via Pellegrino Tibaldi 19/B - CAP.
40129.
10.4. The only expenses due by the consumer for exercising the right of withdrawal under this clause are the direct costs for returning the goods to the Supplier.
10.5. The Supplier shall refund the price of the goods within the term of 14 days from the date of receipt, at the Supplier's premises, of the returned goods.
10.6 Upon receipt of the notice by which the Applicant communicates the exercise of the right of withdrawal, the parties under this contract shall be released from their mutual obligations, without prejudice to the provisions of the preceding paragraphs of this clause.
10.7. The right of withdrawal shall be valid as long as the components have NEVER been assembled, used and/or tampered with.
11. Warranties and Service Methods
11.1 It is warranted to the Buyer that the goods will be in Compliance with the Contract within the two-year period (2 years) from their delivery.
11.2 In the absence of Compliance of the goods with the Contract, the Buyer may require, alternatively and free of charge, the repair or replacement of the purchased goods, or a price reduction, or the Contract termination, unless the request is objectively impossible to satisfy, or is excessively burdensome for the Supplier in accordance with Article 130, paragraph 4, of the Consumer Code. If repair and replacement are impossible or excessively burdensome, or the Supplier fails to repair or replace the goods within the agreed terms, or, lastly, the replacement or repair previously carried out have caused significant inconvenience to the Buyer, the latter may, at its option, ask for a price reduction or the Contract termination.
11.3 The Buyer shall forfeit any right related to the Compliance of the goods with the Contract if it does not report the alleged lack of conformity to the Supplier within 2 months (two months) from the date of its discovery; the complaint, which is not required if the Supplier has expressly acknowledged the defect or has consciously concealed it, must specify the non-conformity found and include at least a photograph of the goods in question as well as the Supplier's tax receipt proving the actual purchase.
11.4 The Buyer shall send the complaint, and related requests, alternatively to one of the following addresses:
a) C.S. Moto di Silvestri Carlo, having its registered office in Bologna (BO) via Pellegrino Tibaldi 19/B - CAP. 40129, for communications by registered mail with return receipt; or b) by PEC (certified e-mail), to the following certified mailbox csmoto@pec.it. Upon receipt of the complaint/request and related documentation, the Supplier will assess the non-conformity reported by the Buyer and, after the preliminary necessary investigations, will, or will not, authorize the return of the goods by providing the Buyer with a
"Return Code" sent by e-mail to the address provided during the order transmission. The authorization to return the goods does not, however, constitute a recognition of the non-conformity, whose existence will be ascertained only after the goods have been returned. The goods themselves - whose return has been authorized by the Supplier - shall be returned to the address expressly indicated, together with a copy of the return authorization bearing the "Return Code" and in full compliance with the precautions set forth in paragraph 10.3.
11.5 If the Supplier is required to refund the paid price, in whole or in part, to the Buyer, the refund will be made, wherever possible, by the same means of payment used by the Buyer when purchasing the goods, or, alternatively, by bank transfer. It will be the Buyer's responsibility to give the Supplier, while sending the complaint/request, the bank details for arranging the transfer in its favour and to ensure that the Supplier is in a position to return the due amount.
11.6 On the contrary, if the warranty is not recognized, the product will in any case be sent back to the address indicated by the Applicant.
11.7 Should the product sold by the Supplier show any malfunctions, provided that it has:
- been assembled following the assembly instructions scrupulously;
- undergone a proper run-in on a vehicle in good condition;
- not been associated with products other than the original ones;
the Applicant shall consult the website www.csmoto.it, where it will find precise technical information by checking the specific tables.
If this is not sufficient, together with its mechanic, the Applicant can expose the problem in detail by sending an e-mail to info@csmoto.it.
11.8 If, following one or more interviews, it proves necessary to send the product concerned by the problem to the Supplier's premises for a technical verification, the Applicant will take care of the shipment and detail the reasons for the return. Should the defect be confirmed, the defective part will be replaced and all shipping costs will be borne by the Supplier.
11.9 Therefore, the scope of the conformity guarantee does not include any failures or malfunctions caused by accidental facts or by the Consumer User's responsibility or by an improper use of the Product not compliant with its intended use and/or with what is provided for in the attached technical documentation.
11.10 The legal guarantee of conformity does not include the Products intended for competitive-sports use and which are used in high-performance or high-speed applications, unless there is a clear case of defect.
12. Limitations of the Supplier's Liability
12.1. The Supplier assumes no liability for any inefficiency attributable to force majeure in the event that it fails to execute the order within the time-frame stipulated in the contract.
12.2. The Supplier shall not be liable to the Applicant, except in the case of intent or gross negligence, for any inefficiencies or malfunctions related to the use of the Internet network beyond its own control or that of its sub-Suppliers.
12.3. Furthermore, the Supplier shall not be liable for damages, losses and costs suffered by the Applicant as a result of the non-performance of the contract due to causes not attributable to the Supplier itself, being the Applicant entitled only to the full refund of the price paid for.
12.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards, transfers and other means of payment.
13. Liability for defect, proof of damage and compensable damages: the Supplier's obligations
13.1. The damage complaint by the Applicant must be made in writing and must indicate the product that caused the damage and the date of its purchase.
13.2. The Supplier shall not be held liable for the consequences resulting from a defective product if the defect is due to the conformity of the product itself, to a mandatory legal norm or a binding measure, or if the state of the scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow to consider the product as defective.
13.3. No refund shall be due if the Applicant was aware of the defect of the product and the danger arising therefrom and nevertheless voluntarily exposed itself to it.
13.4. In all cases, the Applicant shall prove the defect, the damage and the causal connection between defect and damage. It shall also keep the product available to the Supplier for any checking.
14. Intended use of the Product
14.1 The Supplier declines any liability arising from an improper use of the products.
14.2 Like all products intended for racing, CS Moto products must be considered differently from products intended for road use and may not be subject to the laws and road codes of the different nations where they are sold.
15. Applicant's Obligations
15.1. The Applicant agrees to pay the price of the purchased goods according to the time and ways specified in the contract.
15.2. Once the online purchase procedure has been completed, the Applicant undertakes to arrange for the printing and storage of this contract.
15.3. The information contained in this contract has, moreover, already been viewed and accepted by the Applicant, who acknowledges it, as this step is made mandatory prior to purchase confirmation.
16. Causes of Termination
16.1. The obligations assumed by the Applicant in paragraph 15, as well as the guarantee of the successful completion of the payment made by the Applicant by the means referred to in paragraph 5.1, together with the exact fulfilment of the obligations assumed by the Supplier under paragraph 8, are fundamental, so that, by express agreement, the non-fulfilment of only one of said obligations, where not caused by fortuitous event or force majeure, will result in the legal termination of the contract without the need for judicial
pronouncement.
17. Communications and complaints
17.1. The "Applicant" shall indicate, on the registration form, its own residence or domicile, as well as the telephone number or e-mail address to which it wishes to receive any communications from the Supplier.
18. Dispute Resolution
18.1 For all disputes arising out of or in connection with this contract, including those relating to its interpretation, validity, effectiveness, execution and termination, the mandatory territorial jurisdiction shall be of the court of the place of residence or domicile of the "Applicant", provided it is a consumer located in the State territory.
Online Dispute Resolution for Consumers
The "Applicant" consumer resident in Europe declares that it is duly informed that the European Commission has established an online platform providing an alternative dispute resolution tool to extrajudicially settle, in a fair and inexpensive way, any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Accordingly, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract concluded with the Supplier.
The Supplier is available to reply to any questions forwarded by email to the email address published in this document in the "Supplier Identification" paragraph.
19. Applicable Law and Reference - Final Clause
19.1. This contract is governed by the Italian law; for anything not expressly provided for, the rules of the Civil Code and the Consumer Code shall apply.
19.2 This contract abrogates and supersedes any agreement, understanding, negotiation, written or oral, previously made between the parties and concerning the subject of this same contract.
