1.1 - This contract ("Contract") is a distance contract pursuant to art. 50 et seq. Of Legislative Decree 6 September 2005, n. 206 ("Consumer Code"). The Contract relates to the sale of movable property between MOTOCORSE s.r.l. and the consumer (the "Customer"). The Contract is concluded directly through the acceptance by MOTOCORSE of a purchase proposal issued by the Customer by telephone or via the internet, on the website www.motocorsestore.com (the "Site") and/or through other systems of distance selling of MOTOCORSE, on the basis of the methods described in the following article 3.
1.2 These general conditions of sale ("General Conditions") and, in particular, the information referred to in art. 52 of the Consumer Code, as provided by MOTOCORSE, repeated over the phone to the Customer and reported on the Site, will remain valid and effective until they are modified and/or integrated by MOTOCORSE. Any changes and/or additions to the General Conditions will be effective from the date on which they will be communicated to the public and will apply to sales made after that date. The latest updated version of the General Conditions is the one available on the Site.
The sales prices of the products illustrated on the Site and/or through any other MOTOCORSE distance selling systems do not include tax, which will be calculated and added at the time of order confirmation. Delivery costs are indicated on the Site and/or through any other MOTOCORSE distance selling systems and, in the case of a telephone order, repeated to the Customer by the MOTOCORSE operator.
3.1 - The Contract by telephone is finalized by communicating to the Customer (who has contacted MOTOCORSE by telephone and formulated, on that occasion, a purchase proposal also providing the operator with the data necessary for the registration procedure of his name, the purchase order and the chosen payment method) that the proposal is accepted.
3.2 - In the case of purchase proposals sent via the Site, the Customer will receive a summary e-mail from MOTOCORSE, in which will be informed that his purchase proposal is being processed and will be considered accepted, unless otherwise communicated by e-mail or telephone sent by MOTOCORSE within 3 (three) calendar days from receipt of the summary e-mail. Once this term has elapsed, the Internet Contract is to be considered completed.
3.3 - The Customer will be allowed to choose one of the following payment methods offered within each product sheet.
4.1 - MOTOCORSE delivers the products to the address indicated by the Customer.
4.2 - Any complaint concerning the purchase of a product can be forwarded to the reference address present in the description of the object sold.
MOTOCORSE accepts the customer's orders within the limits of the quantities of products requested in the warehouse. Therefore, the acceptance by MOTOCORSE of the purchase proposal forwarded by the Customer is subject to the availability of the products in stock. MOTOCORSE undertakes to promptly notify the Customer of any unforeseeable out-of-stocks due to excess demand or other causes.
For the products purchased by the Customer, the rules on guarantees and assistance relating to the sale of consumer goods are applicable to MOTOCORSE.
The Customer declares and guarantees: to be a consumer in accordance with the provisions of art. 3 of the Consumer Code; to be of age; that the data provided by the same for the execution of the Contract are correct and truthful.
1. DEFINITION AND SCOPE OF THE CONTRACT
1.1 - This contract ("Contract") is a distance contract pursuant to art. 50 et seq. Of Legislative Decree 6 September 2005, n. 206 ("Consumer Code"). The Contract relates to the sale of movable property between MOTOCORSE s.r.l. and the consumer (the "Customer"). The Contract is concluded directly through the acceptance by MOTOCORSE of a purchase proposal issued by the Customer by telephone or via the internet, on the website www.motocorsestore.com (the "Site") and/or through other systems of distance selling of MOTOCORSE, on the basis of the methods described in the following article 3.
1.2 These general conditions of sale ("General Conditions") and, in particular, the information referred to in art. 52 of the Consumer Code, as provided by MOTOCORSE, repeated over the phone to the Customer and reported on the Site, will remain valid and effective until they are modified and/or integrated by MOTOCORSE. Any changes and/or additions to the General Conditions will be effective from the date on which they will be communicated to the public and will apply to sales made after that date. The latest updated version of the General Conditions is the one available on the Site.
2. PRICES
The sales prices of the products illustrated on the Site and/or through any other MOTOCORSE distance selling systems do not include tax, which will be calculated and added at the time of order confirmation. Delivery costs are indicated on the Site and/or through any other MOTOCORSE distance selling systems and, in the case of a telephone order, repeated to the Customer by the MOTOCORSE operator.
3. PURCHASE AND PAYMENT METHODS
3.1 - The Contract by telephone is finalized by communicating to the Customer (who has contacted MOTOCORSE by telephone and formulated, on that occasion, a purchase proposal also providing the operator with the data necessary for the registration procedure of his name, the purchase order and the chosen payment method) that the proposal is accepted.
3.2 - In the case of purchase proposals sent via the Site, the Customer will receive a summary e-mail from MOTOCORSE, in which will be informed that his purchase proposal is being processed and will be considered accepted, unless otherwise communicated by e-mail or telephone sent by MOTOCORSE within 3 (three) calendar days from receipt of the summary e-mail. Once this term has elapsed, the Internet Contract is to be considered completed.
3.3 - The Customer will be allowed to choose one of the following payment methods offered within each product sheet.
4. DELIVERY OF PRODUCTS - COMPLAINTS
4.1 - MOTOCORSE delivers the products to the address indicated by the Customer.
4.2 - Any complaint concerning the purchase of a product can be forwarded to the reference address present in the description of the object sold.
5. PRODUCT AVAILABILITY
MOTOCORSE accepts the customer's orders within the limits of the quantities of products requested in the warehouse. Therefore, the acceptance by MOTOCORSE of the purchase proposal forwarded by the Customer is subject to the availability of the products in stock. MOTOCORSE undertakes to promptly notify the Customer of any unforeseeable out-of-stocks due to excess demand or other causes.
6. GUARANTEES AND ASSISTANCE
For the products purchased by the Customer, the rules on guarantees and assistance relating to the sale of consumer goods are applicable to MOTOCORSE.
7. CUSTOMER'S OBLIGATIONS
The Customer declares and guarantees: to be a consumer in accordance with the provisions of art. 3 of the Consumer Code; to be of age; that the data provided by the same for the execution of the Contract are correct and truthful.
8. RIGHT OF WITHDRAWAL
8.1 - The sale is assisted by the guarantees for faults and defects established by law. Pursuant to Article 53 of Legislative Decree 6 September 2005 No. 206, if the Customer is a consumer, he has the right to withdraw from the purchase contract for any reason and without providing explanations. To exercise this right, the customer must send a written communication within 10 days from the date of receipt of the goods. The communication must be addressed, with prior warning, by email to info@motocorse.net or by post to Motocorse S.r.l. - Via Ottorino Respighi, 56 int. 3 - 47841 Cattolica (RN) - Italy. The goods must then be returned at the Customer's care and expense within 10 days from the date of receipt of the goods, to the shop from which the purchase was made. We will refund the entire amount paid (shipping costs excluded) after having ascertained the integrity of the goods. For written confirmation of all contractual conditions as well as additional information pursuant to art. 53 Legislative Decree 206/2005. READ THE LEGISLATIVE DECREE. For complaints, consult the "INFORMATION ON THE SELLER", present in each description of the purchased items.
8.2 - The Customer who intends to exercise the right of withdrawal must return the products to the address indicated in the description of the purchased item, within 10 days of receipt of the products. Pursuant to article 55, second paragraph, of the Consumer Code, the Customer will not have the right of withdrawal in the following cases
- supply of products opened by the Customer;
- supply of products made to measure, or which by their very nature cannot be returned or are liable to deteriorate or expire rapidly (e.g. batteries, liquids, specific oils );
- supply of customized products on specific request or specially ordered for the customer.
8.3 - The costs of returning the products are charged to the Customer. MOTOCORSE will return, within 10 days from the date of receipt of the products by the Customer: the entire price paid by the Customer in case of return of the product complete with all its parts and functions; or the part of the price equivalent to the product actually returned by the Customer who has consumed the product in an appreciable way and/or such as to significantly diminish its value.
9. TREATMENT AND CONFIDENTIALITY OF PERSONAL DATA INFORMATION PURSUANT TO D.LGS. 196/03
9.1 Pursuant to and for the purposes of the provisions of Legislative Decree No. 196 of 30 June 2003 regarding the protection of personal data (hereinafter the "Code"), we inform you that your personal data, supplied and/or acquired subsequently, will be treated by MOTOCORSE in compliance with the Code and current legislation on privacy.
Purpose of processing
The data collected is processed for the following purposes:
a. subscribe to the service;
b. conclude purchase and sale contracts and carry out their performance;
c. carry out the fulfilments necessary to execute the contractual relationship;
d. send commercial information, advertising, informative and promotional material, by any means (e-mail, sms, etc.);
e. carry out, also by telephone contact, market research, economic and statistical analyzes in order to verify the correct functioning of the services and their approval;
f. process personalized information about the consumption habits and orientation of the interested parties;
g. communicate the data to third-party companies for direct marketing purposes.
The provision of data is mandatory for the conclusion of the purchase contract, optional in other cases. Failure to provide data will make it impossible to carry out the order.
Data retention
All acquired data cannot be used for other purposes than those indicated above and will be kept for the period necessary for the realization of the same. After this term, the data will be deleted or transformed into anonymous form. For detailed data on purchases and services, storage times will not exceed those established by current legislation.
Rights of the interested party
You are entitled to exercise at any time the rights referred to in Article 7 (Right of access to personal data and other rights) of the Code, in particular: the right to access one's personal data, request rectification, updating and cancellation if incomplete, incorrect or collected in violation of current legislation, as well as to oppose their treatment for legitimate reasons, by contacting a written request to the Motocorse S.r.l. - Via Ottorino Respighi, 56 int. 3 - 47841 Cattolica (RN) - Italy, or directly through the methods indicated on the site in the data access page.
Data Controller
The data controller is:
Motocorse S.r.l. - Via Ottorino Respighi, 56 int. 3 - 47841 Cattolica (RN) - Italy
10. JURISDICTION
Any dispute relating to the application, execution, interpretation and violation of the Contract will be the responsibility of the Court of Rimini.
