General conditions of sale for products available for online sale on the website www.leovince.com
BELGROVE Sp. Z o.o. based in 00-553 Warsaw (PL), Ul. Koszykowa 35/1, VAT PL1080016712, in the person of its legal representative, Roberto Morone, hereinafter referred to as "Marketplace".
- that the Marketplace is the owner of the leovince.com domain and www.leovince.com site (hereinafter "Site") and is the manufacturer of the products under the LeoVince and SilverTail brands;
- that the site is intended for commercial transactions between entrepreneurs and consumers (B2C);
- that on the Site allows the meeting between supply and demand for the products indicated in point c) of art. 1 and it is possible to conclude online sales contracts;
- that, with the expression "General Conditions of Sale", we mean the sales contract relating to the Seller's goods stipulated between them and the Buyer as part of a distance selling system organized by the Seller;
- that, for this contract, the technology of distance communication through the Internet will be used;
- that the purchase on the Site by buyers is governed by these General Conditions of Sale;
- that the Purchaser holds the status of consumer, meaning the natural person making the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out;
- that this contract - and the conditions envisaged - exclusively concern the B2C sale to a Buyer / Consumer, as specified in the previous line;
- that all contracts will be concluded directly through access by the Buyer to the website corresponding to the address www.leovince.com, by accessing the reserved area of the Site itself dedicated to the online sale of products, as better explained below;
- that commonly used terms in the field of information technologies have been used in the drafting of these General Conditions and that, in the event of any divergences on their interpretation or their meaning, the contents of the main publications of the specialized literature on the subject will be taken into account;
- that these premises constitute an integral and substantial part of the contract;
the following is agreed:
Art. 1. Definitions
1.1 In these General Conditions of Sale the following terms have the meaning specified below:
a) "online sales contract" means the distance contract stipulated between a Seller and a Buyer final consumer, through a sales system organized by the Marketplace, which uses remote communication technology called the internet;
b) the expression "Seller" refers to the Dealer, party to this contract, who is automatically selected based on the distance, geolocating the Buyer via the shipping address provided by him; this "Seller" can also be directly selected by the buyer during the purchase process. The "Seller", through the Website www.leovince.com, sells the products indicated in the following point directly to the buyers;
c) the expression "Products" refers exclusively to exhausts for mopeds and motorcycles, marked with the "LeoVince" or "SilverTail" brand, illustrated in the electronic catalog of the Marketplace site, in the "all exhausts" section. This section of the site can be consulted freely, to verify the actual availability of the product without the Buyer having to register in the area reserved for online sales. It should be noted that the LeoVince.com Site is updated in real time on the availability of products based on the stock available in the warehouse. The available products are recognizable by the fact that, next to the product image, the link "buy now" appears; if, on the other hand, the wording "out of stock" appears next to the image of the product, the online sale could not be concluded;
d) the expression "Buyer" refers to the final consumer-customer who is authorized to operate on the Site in order to purchase the products, in the manner indicated in these general conditions;
e) "Consumer" means the natural person who purchases goods and services for purposes that are not related, either directly or indirectly, to any professional activity carried out.
f) the expression "Parties" refers to the Seller and the Purchaser jointly;
g) the expression "Site" refers to the website corresponding to the address www.leovince.com through which it is possible to make online purchases;
h) the term "Consideration" refers to the sale price of each product, indicated in the online catalog (found in the section of the site relating to the selected product);
Art. 2. Object of the contract
2.1 These general conditions, which are made available to the Buyer for reproduction and storage pursuant to art. 12, Legislative Decree 9 April 2003, n. 70, have as their object the purchase of products, carried out remotely and by means of a telematic network, through the website available to the Seller.
2.2 With this contract, respectively, the Seller sells and the Buyer remotely purchases the exhausts for mopeds and motorcycles, marked with the "LeoVince" or "SilverTail" brand, illustrated in the electronic catalog of the Marketplace Site, provided they are available (as best mentioned in article 1.c., letter c).
2.3 The goods covered by this contract are all products chosen by the Buyer and purchased by clicking the "buy now" link.
2.4 The Seller undertakes to sell the products chosen by the Buyer online, towards the payment by the Buyer of the amount referred to in art. 4 of this contract.
3.1 These general conditions are valid from the day of conclusion of this contract and may be updated, integrated or modified at any time by the Marketplace, which will communicate it through the pages of the Website and such updates / modifications and / or additions will have effectiveness for future purchases.
3.2 All online purchases require the Buyer to register in the area of the Site reserved for "online sales", by entering an ID and PW with access to a reserved area via a secure protocol (https), or by filling in the appropriate online form containing the buyer's data and are perfected when the Buyer clicks on the “buy now” link.
3.3 These general conditions of sale must be examined "online" by the Buyer, before completing the purchase procedure. Purchasing online, therefore, implies full knowledge of them and their full acceptance.
3.4 The Purchaser, by clicking on the "buy now" icon, unconditionally accepts and undertakes to observe, in his relations with the Seller, the general and payment conditions illustrated below, declaring that he has read and accepted all the indications from him provided pursuant to the aforementioned regulations, also acknowledging that the Seller does not consider itself bound by different conditions unless previously agreed in writing.
Art. 4. Methods of purchase, conclusion of the contract and sale prices
4.1 Online trading takes place as follows: the buyer, after choosing the product from the online catalog, registers or completes the appropriate form and clicks on the "buy now" link next to the chosen product. The buyer must, immediately afterwards, pay the price according to the methods set out in the Site.
4.2 If the online purchase transaction is successful, the buyer immediately receives an automatic message from the system "the transaction was successful" and, at this point, the sale is concluded.
4.3 The sales prices, indicated in the online catalog on the Site for each product, are the same as those charged in retail and include VAT applicable by law, any other taxes and shipping costs.
4.4 The price of the product indicated in the online catalog on the Site has definitive value, except in the case in which - for exceptional situations
- the Seller considers it appropriate to subject the price to review. Exceptional conditions are considered, by way of example and not strictly speaking, the sudden change in customs rates or currency changes and in any case in shipping costs in general. In exceptional cases of price revision, the Parties expressly undertake to carry out the renegotiation of the price through an exchange of e-mails in a correct and good faith manner, taking into consideration the documentation produced and certifying the exceptional situations that led to this revision.
4.5 The buyer will receive the product free of charge at the address indicated.
4.6 The payment of the purchased goods is made by the Buyer exclusively by credit card through the Stripe.com platform, as summarized just before he "clicks" on the "buy now" link and thus perfects the online purchase.
4.7 The Buyer expressly declares to make the purchase for purposes unrelated to any commercial or professional activity carried out.
Art. 5. Art. 5. Delivery methods
5.1 The Seller is the territorially competent Dealer who will deliver to the Buyer, free of charge, at the address indicated by them or at the supplier belonging to the geographical area indicated, the products purchased online in the manner provided for by the previous ones. articles, through couriers and / or trusted freight forwarders.
Delivery will take place within 20 working days from the online purchase, to the address indicated by the Purchaser or to the supplier belonging to the geographical area indicated at the time of completing the online form.
5.2 If the Buyer is absent, a notice will be left with the information necessary to contact the courier or forwarder in order to agree on the delivery methods.
5.3 No responsibility can be attributed to the Seller for delayed or non-delivery due to force majeure or unforeseeable circumstances.
5.4 Upon receipt, the Purchaser is required to verify the conformity of the product delivered to him with the purchase made; only after this verification will it be necessary to proceed with the signing of the delivery documents, obviously except for the right of withdrawal provided for in art. 9 of these conditions.
Art. 6. Liability
6.1 The Seller assumes no responsibility for the delay or failure to comply with the obligations set out in these general conditions that derive from unforeseeable circumstances or from force majeure such as by way of example and not exhaustively accidents, explosions, fires, strikes and / or lockouts, earthquakes , floods, epidemics and other similar events that prevented, in whole or in part, the execution of the contract within the time agreed.
6.2 The Seller will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, the consumer having the right only to a refund of any price paid.
6.3 The Seller guarantees that the Products present in the electronic catalogs can be freely purchased and that they are not subject to pledges or mortgages. In any case, the rules of the European law on the subject of buying and selling apply.
Art. 7. Guarantees and methods of assistance
7.1 The Seller sells only original and high quality products. The warranty is 2 years from delivery and runs from the day the goods are purchased.
7.2 In the event of lack of conformity, the rules set out in Legislative Decree 6 September 2005, n. 206. Any defect must be reported within two (2) months of discovery, otherwise the Buyer forfeits the warranty right.
Art. 8. Obligations of the Purchaser and invoicing
8.1 The buyer undertakes and undertakes, once the purchase procedure is concluded, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in Legislative Decree 6 September 2005, n. 206.
8.2 It is strictly forbidden for the Purchaser to enter false, and / or invented, and / or fictional data in the registration procedure or filling out the form using the appropriate electronic form; the personal data and the email must be exclusively their real personal data and not those of third parties, or of fantasy. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the product purchase procedure.
8.3 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
8.4 The sales invoice will be issued by the Seller, within the terms provided by the applicable tax legislation and will be sent by email to the buyer at the address provided at the time of registration in the area reserved for online sales.
8.5 The Buyer releases the Seller from any liability arising from the issue of incorrect tax documents due to errors in the data provided by the Buyer, the latter being solely responsible for the correct insertion.
Art. 9. Right of withdrawal
9.1 Pursuant to art. 52 et seq. of Legislative Decree 6 September 2005, n. 206, the Buyer has the right to withdraw from the order placed within fourteen (14) days from when he received the ordered product or from the conclusion of the contract, without providing any explanation, returning the goods received in their original packaging, without tampering with any seal. warranty or simply open and / or damage the same external packaging, following the return procedure better specified below.
9.2 To exercise the right of withdrawal, the customer must, within the term indicated in point 9.1, express his will to withdraw, by sending an e-mail to the Seller and to the following e-mail address: email@example.com.
If the goods have been delivered, all items must be sent back, within 14 days, starting from the date of receipt of the goods, in the same conditions of receipt, with the original packaging and any manuals and / or instruction booklets present, must the withdrawal form must also be attached to the product, already sent via email to communicate the withdrawal, duly completed and complete with the "return code"; there are no other methods of returning the goods.
The direct cost of returning the product is borne by the Buyer; to this end, the Purchaser, directly or by other means, will deliver them to the address indicated by the Seller.
The Seller will accept the returned goods reserving the right to verify that the products have been returned in their original state and with their original packaging.
9.3 The Consumer who exercises the right of withdrawal in accordance with the provisions will be reimbursed for the sums already paid no later than 14 days from the date on which the goods were returned to the Seller under the conditions indicated in art. 9.1.
Art. 10. Termination of the contract
10.1 The parties agree that the contract will be terminated by law following the occurrence of one of the breaches listed below:
- violation of the obligations referred to in art. 4 (Methods of purchase, conclusion of the contract and sales prices);
- violation of the obligations referred to in art. 6 (Liability);
- violation of the obligations referred to in art. 8 (Obligations of the Purchaser and invoicing);
- violation of the obligations referred to in art. 13 (Prohibition of assignment).
10.2 Pursuant to art. 1456 of the Italian Civil Code, the party intending to make use of the resolution will notify the counterparty by sending a registered letter with return receipt or certified e-mail (certified e-mail), indicating the reason; the effects of the termination run from the date of receipt of the notice of termination resulting from the receipt returned to the resolving Party.
Art. 11. Communications
11.1 Except for the cases expressly indicated - or established by legal obligations - communications between the Seller, the Marketplace and the Buyer will preferably take place via email messages to their respective electronic addresses which will be considered by both parties as a valid means of communication and whose production in court cannot be contested for the sole fact of being IT documents.
The e-mail address to be used for the aforementioned communications with the Seller will be indicated in the order confirmation e-mail. The Marketplace indicates the following e-mail address to be used for the aforementioned communications: firstname.lastname@example.org.
11.2 All parties may at any time change their email address for the purposes of this article, provided they promptly notify the other party in compliance with the forms established in the previous paragraph.
Art. 12. Treatment of personal data
12.2 The rights deriving from the privacy legislation and the information obligations arising from it by the Seller are examined "online", before completing the purchase procedure. The online purchase made by clicking on the "buy now" link therefore implies full knowledge of the same (as mentioned in art. 3 above).
12.3 The Data Controllers of personal data, pursuant to and for the purposes of art. 26 and following of EU Regulation 2016/679, are as follows:
(1) the Marketplace, BELGROVE Sp. Z o.o. based in 00-553 Warsaw (PL), Ul. Koszykowa 35/1, VAT PL1080016712, in the person of its pro tempore legal representative, Roberto Morone.
12.4 The Data Protection Officer pursuant to and for the purposes of art. 28 and following of EU Regulation 2016/679 is the company BELGROVE Sp. Z o.o. based in 00-553 Warsaw (PL), Ul. Koszykowa 35/1, VAT PL1080016712.
12.5 The rights of the interested party referred to in Article 7 of Legislative Decree 196/2003, as well as Articles 15 - 22 of the EU Regulation cit. are exercised with a request addressed to the data controller company (BELGROVE Sp. Z o.o.), by sending an e-mail message to both the address email@example.com.
Art. 13. Prohibition of assignment
13.1 The contract is not transferable to third parties, under penalty of immediate termination.
Art. 14. Jurisdiction and competent court
14.1 Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated "online" through the Marketplace website is subject to Italian jurisdiction, also in accordance with the provisions of art. 3, Conv. 19 June 1980, n. 80/934 / EEC (Rome Convention) on the law applicable to contractual obligations (replaced by EC regulation no.593 / 2008 so-called Rome I regulation); the present general conditions are reported, although not expressly provided therein, to Legislative Decree 6 September 2005, n. 206 (Consumer Code).
14.2 In the event of disputes arising from this contract or related to it, the parties undertake to seek an amicable conciliation.
14.3 If the dispute has not been resolved amicably, it will be brought to the exclusive knowledge of the Court in whose district the Buyer / Consumer has his residence or domicile in accordance with the provisions of Legislative Decree 206/05; in the event that the Purchaser does not hold the status of final consumer, it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Milan.
Art. 15. Final clauses
15.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.
Art. 16. Applicable law and reference
16.1 - This contract is governed by Italian law.
16.2 - Although not expressly provided here, the laws applicable to the relationships and cases provided for in this contract and, in any case, the provisions of the Civil Code and Legislative Decree 6 September 2005, n. 206 (Consumer Code), with specific reference to the legislation on distance contracts and the Legislative Decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.
EXPRESSION OF CONSENT THROUGH THE SITE
Acceptance is confirmed by ticking the "I accept" box. The user is requested to activate the printer to acquire a copy of these contractual clauses.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE BUYER
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Purchaser declares that he has carefully read the contract and expressly approves the following clauses:
- Art. 1 (Definitions),
- Art. 2 (Object of the contract),
- Art. 4 (Methods of purchase, Conclusion of the contract and sale prices),
- Art. 5 (Delivery methods),
- Art. 6 (Liability),
- Art. 7 (Guarantees and methods of assistance),
- Art. 8 (Obligations of the Buyer and Invoicing),
- Art. 9 (Right of withdrawal),
- Art. 10 (Termination of the contract),
- Art. 11 (Communications),
- Art. 12 (Processing of personal data),
- Art. 13 (Prohibition of assignment),
- Art. 14 (Jurisdiction and competent court),
- Art. 15 (Final clauses),
- Art. 16 (Applicable law and reference).