GENERAL ONLINE SALES CONDITIONS
1. Definitions and premises
1.1 In these general conditions of online sales (hereinafter the “General Conditions”) words and terms have the following meaning:
a. Seller: MOTO ONE EUROPE S.R.L. with its registered office in Fontaniva (PD), via Giovanni XXIII n. 45/1, F.C. and VAT n. 03773750280; REA n. 336324PD; e-mail: firstname.lastname@example.org, pec: email@example.com;
b. Customer: the consumer who purchases the products of the Seller according to these General Conditions and for purposes not related to any commercial or professional activity carried out;
c. Parties: jointly the Seller and the Customer;
Site: the e-commerce website www.undershield.it through which it is possible to make online purchases of the Seller’s Products;
d. Products: one or more of the Seller’s goods listed in the online catalog within the Site;
e. Agreement: the distance Agreement stipulated between the Seller and the Customer through an online sales system organized and managed by the Seller and concerning the Products;
f. Price: the sale price of the Products purchased by the Customer;
g. Consumer Code: the D.lgs. 6 September 2005, n. 206 and subsequent amendments.
1.2 The Seller directly manages the Site which is intended exclusively for commercial transactions between entrepreneur and consumer (B2C) for the conclusion of the Agreement.
1.3 The purchase of Products by the Customer on the Site is governed by these General Conditions in compliance with the Italian legislation in force.
2. Product Information
2.1 The information and descriptions relating to the Products (e.g. color, size, unit price) are available on the Site and are provided before the conclusion of the Agreement. All purchase support information is intended as a simple informative and descriptive material.
2.2 Every information on the Products is provided in Italian and in english.
2.3 The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It remains understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
2.4 For more information about the Products, please contact the e-mail address: firstname.lastname@example.org
3. Method of stipulation of the Agreement
3.1 With the conclusion of the Agreement, respectively, the Seller sells and the Customer remotely purchases the Products marketed by the Seller through the appropriate online catalog on the Site.
3.2 The Agreement between the Seller and the Customer is concluded exclusively through the internet after registering on the Site, entering the ID and PW with access to a reserved area and by completing the purchase procedure indicated below.
3.3 The Customer must complete the order form, select the Products listed in the catalog, confirm his/her order, then enter the billing and shipping data (only if different from the billing information) and, after reading these Conditions General and the information on the processing of personal data, confirm their acceptance and select the desired payment method.
4. Sales Price and payment methods
4.1 The Price for the sale of the Products is expressed in euro and is inclusive of VAT and all other taxes.
4.2 Shipping costs and any additional charges, if any, although not included in the purchase Price, are indicated and calculated in the purchase procedure before placing the order by the Customer and in relation to the place of delivery.
4.3 The Price of the Products indicated on the Site has definitive value, except in the case in which – for exceptional situations – the Seller considers it appropriate to submit the Price to revision. In such cases, the Seller will be responsible for providing the appropriate information before the Customer may complete the purchase.
4.4 The Customer can pay for the Products ordered using one of the following payment methods indicated “online” at the time of purchase:
● credit card (Visa, MasterCard, American Express, Maestro, Aura, Discover, Postepay);
● PayPal circuit;
● Bank transfer.
Any bank and bank transfer fees will be charged to the Customer.
4.5 The payment of the Price to the Seller is an essential condition for the execution of the Agreement. After 5 working days without the Seller received any payment, the Agreement will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code. The termination of the Agreement, of which the Customer will be notified by e-mail, will result in the cancellation of the order and the refund of the due amount in the event of any credit after this deadline. If the Customer is still interested in the Products previously ordered, he/she can/must repeat the procedure.
4.6 Shipping costs are shown below:
● Italy € 5,00;
● European countries:
● € 9,90: Austria,Germany, Luxembourg, Belgium,Netherlands
● € 11,00: Denmark, France
● €13,00:Czech Republic,Hungary, Croatia, Slovenia, Spain, Poland
● €16,00: Bulgaria, Portugal, Romania, Slovakia, Estonia, Ireland, Latvia, Lithuania, Sweden
● €61,00: Switzerland
● €66,00: United Kingdom
Rest of the world:
Central America – North America € 49,00;
South America € 59,00;
All customs fees are charged to the Customer.
5. Conclusion of the Agreement
5.1 Upon receipt of the Customer’s order completed in accordance with the provisions of the previous art. 3.3, the system will automatically send an e-mail summarizing the order received, which is not intended as a formal acceptance of the same. E-mail will contain the order number, the list of Products ordered as well as the details of the order, the Price of the purchased Products, the shipping costs, any customs charges for non-EU countries, the methods and terms of payment, the address where the Products will be delivered, the delivery times, the information on the right of withdrawal and the cases in which the latter is excluded.
5.2 The Seller, with a subsequent e-mail, after checking the availability of the selected Products in stock, will confirm and formally accept the order received. If, at the time of the order, the Products are not available, they are not viewable. In any case, the Seller undertakes to promptly notify the Customer of any unforeseen stock outages due to excess demand or other causes and what are the waiting times for the same, asking if he/she intends to confirm the order or cancel it.
5.3 Until he/she has received the confirmation e-mail referred to in the previous point, the Customer has the right to proceed with the cancellation of the order by sending an e-mail to the Seller’s address email@example.com or through any other methods indicated on the Site.
5.4 After checking the order confirmation e-mail, if the Customer identifies errors in the order, he must communicate these errors within 12 hours of receiving the e-mail. After this deadline, the order will be processed for shipment and changes will no longer be accepted. Once the Products have been shipped, it is no longer possible to change the destination address.
6. Delivery methods
6.1 The Seller will deliver the goods to the courier in charge in the following 2 working days from the conclusion of the Agreement in case of correct payment. Orders placed from Friday to Sunday will be processed the following Monday. The customer will be notified by e-mail of the shipment and the tracking number useful for following it through the various stages until final delivery.
6.2 The delivery times of the Products vary as follows:
• ITALY: 2/3working days
• EUROPE: 2/5working days
• REST OF THE WORLD: 5/7working days
Delivery is normally made from Monday to Friday from 8 to 17.
In case of delays in delivery due to force majeure, the Customer will be notified by e-mail.
6.3 Upon receipt, the Customer is required to verify the conformity of the Products delivered to him/her with the order placed. The courier requires the signature “for receipt” of the recipient at the time of delivery. Any damage/alteration to the Products or to the packaging or the mismatch in the information must be immediately reported to the courier by putting “written control reserve” on the courier’s proof of delivery. Once the courier’s document has been signed, the Customer will not be able to make any objection about the external characteristics of what has been delivered. Customs and security controls are clearly distinguishable for the application of additional specific seals depending on the entity that carried out the control.
6.4 The Customer has the right to choose another carrier, obviously it being understood that even in this case the transport will take place at his/her own risk, care and expense, and that payment must be made in advance of delivery. In this case, the Customer releases the Seller from any liability once the Products are delivered to the carrier.
6.5 If the Customer is absent, a notice will be left with the information necessary to contact the courier in order to agree on the delivery methods
6.6 In the event of failure to collect the material present in storage at the courier’s warehouses due to the impossibility of delivery to the address indicated by the Customer at the time of the order after 2 failed attempts, the order will be canceled due to the fact and fault of the Customer and the Price, in any case, withheld as a penalty, with the latter being charged for all further expenses incurred by the Seller as sender.
6.7 All the Products shipped are insured against theft/loss and damage from the moment they are entrusted to the courier for shipment until delivery to the Customer.
6.8 All purchases with an address in Italy are delivered by affiliated transporter. We do not ship to post office boxes.
6.9 Any problems in delivery must be promptly reported by sending written notice to the following address: firstname.lastname@example.org
7. Guarantees and methods of assistance
7.1 The Products purchased by the Customer are regulated by the rules on guarantees and assistance relating to the sale of consumer goods and, in particular, by art. 128-135 of the Consumer Code.
8. Errors and limitations of liability of the Seller
8.1 The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which the Seller cannot therefore be held responsible, except in the case of willful misconduct or gross negligence.
8.2 The Seller reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code.
8.3 The Seller is not liable in the event of damage, of any nature whatsoever, deriving from the use of the Products improperly and/or not in accordance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.
8.4 No responsibility can be attributed to the Seller for delayed and/or non-delivery attributable to third parties and due to force majeure or unforeseeable circumstances, the Customer having the right only to the full refund of the Price paid and any ancillary charges incurred.
8.5 The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards or the payment system, upon payment of the purchased Products, if it proves that it has adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9. Customer Obligations
9.1 The Customer declares and warrants: (i) to be a consumer in accordance with the provisions of art. 3 of the Consumer Code; (ii) to be of age; (iii) that the data provided by the same for the execution of the Agreement are correct and truthful.
9.2 By sending the order, the Customer declares to have read and understood the General Conditions, accepting them in full, and the information on the processing of personal data.
9.3 It is strictly forbidden for the Customer to enter false and/or invented and/or fictional data in the registration procedure through the appropriate electronic form; the Customer must use his own personal data and e-mail address and not those of third parties, or of fantasy. The Customer therefore assumes full responsibility for the accuracy and veracity of the data entered in the electronic registration form, aimed at completing the Product purchase procedure.
9.4 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.
9.5 The sale and/or distribution of the purchased Products is prohibited.
9.6 The Customer releases the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, the latter being solely responsible for the correct insertion.
9.7 The Customer undertakes to pay the Price of the Products purchased in the times and methods indicated.
9.8 The Customer undertakes, once the online purchase procedure has been completed, to print and keep the Agreement.
10. Right of withdrawal
10.1 The Customer has the right to withdraw from the Agreement, without any penalty and without specifying the reason, within 14 days of receipt of the Products. The Customer may exercise the right of withdrawal, within the aforementioned term, by expressing his/her will by e-mail to the following address email@example.com and following the instructions that will be provided by the Seller. Withdrawal made after the deadline indicated can only be accepted at the Seller’s discretion.
10.2 The costs of returning the Products are charged to the Customer. The Customer, directly or by other means, within 14 days from the date on which he exercised the right of withdrawal will return the Products to the address indicated, following the instructions received from the Seller. The Seller will accept the returned Products and will refund, reserving the right to ascertain that they have been returned in the original state, with the original packaging and without further alterations.
10.3 The Products to be returned must not have been worn, used or damaged. They must still have all original tags and packaging as well as intact security seals. Otherwise the withdrawal will not be recognized.
10.4 The Customer who exercises the right of withdrawal in accordance with the provisions will be reimbursed the sums already paid no later than 14 days from the date on which the Seller became aware of the exercise of the right of withdrawal, without prejudice to the Seller’s right to suspend the payment of the refund until the actual receipt of the Products. The refund will be made using the same payment method used by the Customer. In the case of a bank transfer, the latter will be responsible for providing the bank details on which to obtain the refund.
10.5 The right of withdrawal is excluded for customized products or clearly personalized as required by art. 59 lett. “c” of the Consumer Code.
11. Exchanges of Products
11.1 If, after the purchase and receipt of the Products, the Customer is not satisfied with his purchase, the unworn Products can be returned for size/color change within 28 days from date of receipt. The exchange of the Products will be possible provided that:
a) the Products have not been worn, washed or altered and show no signs of use;
b) the soles of the shoes are in perfect condition and show no signs of any kind;
c) all footwear and accessories must be returned with the safety seal intact together with their original box which is considered to all intents and purposes an integral part of the product itself and which must not have been in any way damaged and/or altered or used as the only outer packaging.
11.2 Each cloth must be returned with all labels and tags attached, including all original packaging and accessories (dust bags, hangers, clothing covers, etc.) received with the order.
11.3 Returns must be sent inside the Seller’s box, which must be well sealed with adhesive tape. In the absence of the Seller’s box, another suitable packaging can be used to ship the items.
11.4 Exchanges made after the deadline indicated will be accepted exclusively at the discretion of the Seller.
11.5 To request an exchange authorization, it is necessary to send the order data (date, type of purchase, customer name) and the e-mail address linked to the account to firstname.lastname@example.org. The Customer will receive a confirmation by e-mail, containing the Exchange Authorization Number, the shipping label and the instructions to follow to return the Products. It is advisable to wait for the exchange authorization sent by e-mail from the Seller; this communication must be compulsorily inserted inside the package. The exchange is accepted only if the procedure indicated in this paragraph is followed.
Unauthorized exchanges are not accepted: therefore, if the Customer sends the package anyway, he/she will not receive any refund. The return of the Products is not free if the Products are returned from a country other than the one originally indicated as the destination address.
11.6 The exchange operation can only be made for a different size or a different color of the same item, if available.
11.7 The Customer is invited to indicate the new size/measure, respecting the conditions set out in the procedure described above. If you wish to replace the Products with other items, we recommend that you request a refund and make a new purchase separately.
11.8 In the event of an exchange, the return of the Products involves the payment of the return costs (In the event of an error by the Seller, the shipment will have no additional costs).
11.9 The replacement Products will be shipped to the Customer by courier.
12. Termination of the Agreement
12.1 The obligations assumed by the Customer pursuant to art. 9 (Customer Obligations), as well as the guarantee of successful payment, are essential, so that by express agreement, the breach by the Customer of only one of these obligations will result in the legal termination of the Agreement pursuant to art. 1456 of the Italian Civil Code, without a judicial decision, without prejudice to the right of the Seller to take legal action for compensation for further damages.
13. Intellectual and industrial property rights
13.1 The Seller informs that the Site, as well as all the trademarks and distinctive signs used by the same in relation to the sale of the Products, are protected by the applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication alteration or transformation, in any form and for any purpose, of the contents of the Site, of the trademarks and distinctive signs used by the Seller is prohibited.
14. Method of filing the Agreement
14.1 Pursuant to art. 12 of D.lgs. 70/2003, the Seller informs the Customer that each order will be stored in digital/paper form on the server/at the Seller’s headquarters, according to criteria of confidentiality and security.
15. Communications and complaints
15.1 Written communications directed to the Seller and any complaints will be considered valid only if sent by e-mail to the following address: email@example.com
15.2 The Seller will find complaints within 5 days of their receipt.
16. Applicable law and place of jurisdiction
16.1 The Agreement is regulated by Italian law. Although not expressly provided here, it is regulated by the laws applicable to the relationships and cases provided for in the Agreement and, in any case, by the rules of the Consumer Code and the Italian Civil Code on sale apply.
16.2 Any disputes arising relating to the validity, interpretation, execution and cancellation of the Agreement and of these General Conditions, will fall under the exclusive jurisdiction of the Court where the Customer has his residence or domicile in accordance with the Consumer Code.
16.3 The solution of the aforementioned disputes must be preceded by the experiment of an alternative dispute resolution procedure (so-called A.D.R.).
17. Modification of the General Conditions
17.1 These General Conditions and, in particular, the information seth forth art. 49 ss of the Consumer Code will remain valid and effective until they are modified and/or supplemented by the Seller. Any changes and or additions to the General Conditions will be effective from the date on which they will be communicated to the Customer and will apply to sales made from that date. The latest updated version of the General Conditions is the one available on the Site.
17.2 These General Conditions abrogate and replace any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject of the Agreement.