These Conditions of Sale concern the offer and sale of products and services carried out remotely.
Subjects
Seller: is the company D.P.I. Safety srl with registered office in corso di Porta Nuova – 20121 Milan – VAT number 12144280158. cap soc 52.000 i.v. PEC dpisafety-motoairbag@pec.it
Customer: the subject identified by the data entered when completing and sending the order form with the simultaneous acceptance of these Conditions of Sale.
The Online Trading
The Customer concludes the contract for the purchase of the Product by completing the order form and sending it to the Seller following the relative instructions. The Customer may only purchase the Products offered on the Site, at the indicated price, following the indicated procedure. When the Customer places an order, he must indicate at least his name, e-mail address, shipping and billing addresses, telephone number and any data depending on the means of payment used.
Purchase requests from countries other than the one selected by the Customer in the “selection menu” of the Site or intended for addresses to which the Seller cannot ship cannot be accepted by the Seller.
For each of the Products, a technical data sheet containing the main characteristics and technical specifications of the same is available on the Site. The image accompanying the descriptive technical data sheet of the Product may not be perfectly representative of its characteristics, but may differ in colour, size, accessory products shown in the figure and may vary at any time without any prior notice obligation on the part of the Seller. The fact sheets relating to the Products are, in fact, freely available. The Seller declines all responsibility for any inaccuracies relating to the Product sheet, as they have a purely illustrative function.
For each of the Products, the relative price and validity in the countries of the European Union are also indicated, the shipping costs will be added to be calculated on the basis of the delivery address indicated by the Customer.
Acceptance of the Terms of Sale
The Customer unconditionally accepts and undertakes to observe in his relations with the Seller, the Conditions of Sale and payment described in this document, declaring that he has read and accepted all the information provided to him, he does not consider himself bound by different conditions unless previously agreed in writing.
By submitting the order, the Customer confirms that he knows and accepts the provisions of the Terms and Conditions of Sale, Privacy, Payments and Shipments sections.
Prices, Taxes and Fees
All prices shown are VAT included and expressed in Euros, and valid in European Union countries. Prices may vary without notice. The prices indicated do not include shipping costs and any extra costs deriving from the creation of customized or customized garments in colours. For products delivered to countries outside the European Union, the price indicated is to be considered net of indirect taxes, net of any customs duties and any other sales tax.
Terms of payment
Payment for the Products purchased by the Customer and the relative delivery costs may be made according to one of the methods provided on the Site (Credit Card, Paypal, Bank Transfer and Ticket Compliments).
Responsibility
The Seller is not liable, except in cases of willful misconduct or gross negligence, for direct, indirect or consequential damages unforeseeable on the date of signing these Terms of Sale, suffered by the Customer or by third parties depending on the services rendered by the same and/or for damages of any kind or for any reason. The Seller has the right to suspend and interrupt the connection service to the Site at any time for technical reasons, for reasons related to the efficiency and security of the services themselves, without the Seller being held responsible for the consequences of any interruptions or suspensions .
Warranty of Non-Conforming Products – Conventional Warranty
The products purchased on the Site are subject to the regulations on the subject of guarantees, pursuant to Directive 44/99/EC and Legislative Decree 206/2005 (hereinafter the “Consumer Code”).
The Seller guarantees to the Consumer Customer that the Products will be free from design and material defects and conform to the descriptions published on the Site.
The application of any guarantee is excluded in the event of use of the Product that does not comply with that of the Product and with the instructions/warnings in this regard provided by the Seller, or indicated in the reference illustrative documentation, tags or labels. The guarantee will apply to the Product that presents lack of conformity and/or malfunctions not detectable at the time of purchase, provided that the Product itself has been used correctly and with due diligence, i.e. in compliance with its intended purpose. However, the aforementioned guarantee will not be applicable in the event of negligence or carelessness in the use and maintenance of the Product. Any non-compliance of the Products must be reported to the Seller no later than 2 (two) months from discovery (term established by the Consumer Code) and with notification via e-mail to info@motoairbag.com
together with a copy of the order confirmation sent via e-mail by the Seller or the invoice. The Seller may also ask the Customer to send photographic documentation by e-mail to support the dispute. The company D.P.I. SAFETY SRL will contact the Customer to organize the collection of the non-compliant Product by courier and to manage the subsequent phases. The repair times or possible replacement of the Product depend exclusively on the individual manufacturer and no damage can be requested from the Seller or from D.P.I. SAFETY SRL for any delays in carrying out repairs or replacements.
The non-compliant Product, at the time of return to the Seller to be replaced, must be complete with the packaging and documentation received from the Customer at the time of purchase.
In the event that the Product is not affected by a lack of conformity, it will be possible for the Customer to request an estimate for the repair/restoration of the Product for a fee.
Right of withdrawal
Articles 52 and following of the Consumer Code indicate that the Customer – exclusively if he is a Consumer – has, without the need to provide any reason, the right to exercise the right of withdrawal from the purchase made. Notwithstanding the terms established by law, the Seller extends to 30 (thirty) days from the date of delivery of the Product the term for exercising one’s right of withdrawal from the online sales contract, or the possibility of returning the Product and obtaining the reimbursement of the expenses incurred, in compliance with the methods indicated below.
The right of withdrawal is subject to the following conditions:
– the right, being reserved for Consumers, does not apply to professionals and companies, therefore it cannot be exercised if the Customer has requested the issuance of an invoice indicating a VAT number;
– the law applies to the Product in its entirety and not to parts or components of it; – pursuant to art. 59, paragraph 1, letter c) of the Consumer Code, in the event that the Product sold has been made to measure and/or personalized for the Customer, the latter will not have any right of withdrawal. To exercise the right of withdrawal, the Customer must:
– within the term of 30 (thirty) days from the day of receipt of the Product, his/her wish to withdraw from the online sales contract must send a notice of withdrawal via Registered Mail with Return Receipt. At the same time as sending the notice of withd
The Customer will not have the right to exercise his right of withdrawal in cases where it is ascertained:
use
– the lack of the original package and/or packaging;
– the absence of all the integral elements of the Product (accessories, tags, labels, information notes, etc.);
substantial damage to the Product due to causes other than its transport.
In the event that the Customer should be willing, when exercising the right of withdrawal, to modify the purchased Product (change of size, change of model, etc.), the shipping costs for returning the Product to the Seller are at Customer load.
Information and Complaints
For any request for clarification or complaint, please contact the following email address: info@motoairbag.com
Order cancellations by the seller
The Seller reserves the right to refuse or cancel an order or a Product that is part of an order should any situation arise that would legitimize it.
Applicable Law and Competent Court
The sales contract between the Seller and the Customer which will arise from the acceptance of any order placed through the Site will be governed by Italian law. For any dispute relating to the validity, interpretation or execution of these Conditions of Sale and of the sales contract, the exclusive territorial jurisdiction belongs to the Court of Milan, without prejudice to the applicability of art. 66-bis of the Consumer Code.
