GENERAL TERMS AND CONDITIONS OF USE AND SALE
The general terms and conditions of use and sale set out below ("General Conditions") regulate, in compliance with existing consumer protection regulations, the conditions and terms under which any person ("User") may use the e-commerce website at this domain name www.euro-racing.it ("Website") and/or proceed with the online purchase of the Products and Services offered for sale through this Website. The Website is managed and updated by EURO RACING SRL ("Seller") with registered office in Via Romagna 20, 61011 Gabicce Mare (PU), Italy, VAT number 020888870411, registered in the Register of Companies under R.E.A. no. 153314, acting as a professional for the purpose of these General Conditions.
1. Terms of use of the Website – Scope of Application
1.1 Access to, use of, navigation on and any other use of the Website is governed by these General Conditions. Visiting the Website, as well as purchasing the Products and Services promoted therein, imply knowledge and acceptance of these General Conditions. Regarding the processing of personal data, please read the Privacy Policy and Cookie policy published on the Website. If the User does not intend to accept, in whole or in part, these General Conditions, the User is invited to leave the Website and not to use its services and/or features.
The Seller does not provide any guarantee regarding, by way of example but not limited to, the quality, proper functioning, absence of interruptions or suitability of the Website for a specific purpose or result identified by the User.
1.2 The use of the Website must and may only be carried out by persons over the age of 18. By using the services and the Website, the User declares that he/she is over 18 years of age and that will provide correct and truthful information. The User is solely responsible for the truthfulness, correctness and completeness of the personal information provided, including those provided to obtain the credentials to access the account and to the reserved sections of the Website. The User will be solely responsible for any communication of information and/or data, as well as for any use of the Website that does not comply with the principles of transparency, fairness and good faith.
To register on the Website and/or proceed with the purchase pursuant to Article 3, Users are required to provide personal information (such as name, surname, address, email, telephone number) for the creation of a personal profile with restricted access (“Account”). The information provided to this effect must be updated, correct and truthful and must be constantly and promptly corrected in the event of changes.
Each registered User is required to keep confidential the credentials to access the Account, immediately notifying the Seller of any violation relating to the access credentials relating to his/her Account and/or the use of, and/or unauthorized access to, the Account by third parties.
1.3 These General Terms and Conditions also govern the sale of products (“Products”) and/or of services (“Services”) by the Seller through the Website.
1.4 The Website is dedicated to retail sales and, as such, is intended for the predominant use of Users who qualify as consumers within the meaning of applicable legislation (“Customer(s)” or “User(s)”). 1.5 If the User intends to request customized products or services or quantities higher than those that can be purchased through the Website, the User may send the relevant request via e-mail to the following address: info@euro-racing.com, or by calling the number +39 0541 830695, in order to receive a specific quotation via email.
1.6 If the User is a person who does not qualify as a consumer and/or intends to purchase the Products or Services for resale, the User may purchase them through the Website requesting an invoice at the time of sending the order or send an e-mail to the address info@euro-racing.com to obtain a specific quotation.
1.7 If one or more sales made through the Website are made to a person who does not qualify as a consumer, these Terms and Conditions will apply with the following exceptions:
a) the sale will be governed by law provisions relating to termination and withdrawal, while the buyer will not be granted the right of withdrawal under Article 4 which is applicable exclusively to consumers; and
b) the provisions of Article 7 will be applicable to the sale, with the express exclusion of the warranty on the Products in favor of consumers referred to in Article 7.4; and
c) the purchaser will not be granted other protections provided herein which reflect and/or comply with mandatory provisions of the law for the protection of the consumer.
1.8 For any information in relation to orders, shipments, right of withdrawal, warranties, as well as refunds and returns of goods purchased through the Website, as well as for any information and/or assistance on the services provided through the Website, please refer to the FAQ section or contact the Seller at the address indicated in the Contact section.
2. Products and Services
2.1 All information and data regarding the Products and Services contained in this Website, or in other documents of the Seller, are indicative and not binding on Seller.
2.2 It is the User’s responsibility, before placing the order through the Website, to ensure that the Products and the Services are suitable for the purpose and/or specific use for which the Customer intends to purchase them and that they comply with the regulations of the place where he intends to receive and use them in any way.
2.3 The Seller, even after acceptance of the Order, may make any modification to the Products or to the Services that it deems necessary and/or appropriate, provided that the modification does not alter their essential characteristics.
2.4 In case the Services include a bench test, the Service shall be executed exclusively at the Seller’s premises and the Customer shall bring his Product in for testing; in other cases, the Products or the components shall be delivered at the Seller’s premises for the execution of the Service. Should this be the case, the Seller shall collect the Products or the components at the Customer’s premises and return it after completion of the Service.
2.5 In case of purchase of Services the Seller shall start execution of the Service only after elapse of the withdrawal period, unless express indication in writing of the Customer to start execution of the Service during withdrawal period.
3. How to Purchase
3.1 In order to purchase the Products or the Service included, the User will be invited, alternatively to: (i) register on the Website and create an Account, providing the required data, or (ii) log in, if the Customer already has an Account, or (iii) provide only the data necessary to complete the order and allow the execution of the contract, without registering. You can make the purchase in the languages indicated at the top right of any page of the Website: namely Italian and English.
3.2 The Website is accessible from anywhere in the world. However, the Products and Services available on the Website can only be purchased by Users who request delivery in the countries indicated in the FAQ section and pursuant to Article 5 below. Any additional exceptions and/or limits regarding the place of delivery of certain Products are indicated in the relating Product page. 3.3 The presentation of the Products and Services on the Website is a mere invitation to make a purchase proposal to the Users of the Website and does not constitute a binding offer for the Seller. The order formulated by the User is therefore a contractual purchase proposal addressed to the Seller for the Products or Services listed therein, each considered individually.
The purchase order is governed by these Conditions, which are an integral part thereof and which the Customer, by sending the order to the Seller, accepts in full and without any reservation.
3.4 If the Seller intends to Confirm the Order, it will send the Customer a communication confirming the order by e-mail, to the e-mail address provided by the User ("Order Confirmation"). The Order Confirmation will contain the order number, the price of the Products and/or Services, including taxes and shipping costs, as well as information about the approximate date of delivery of the Product as well as all other information required by law. The Customer undertakes to verify the correctness of all personal data contained in the Order Confirmation and to promptly notify the Seller of any corrections and/or changes to be made. The contract of sale will be binding on the Seller only upon Order Confirmation and the receipt of the same by the Customer.
3.5 The acceptance and fulfilment of orders sent through the Website is subject to the actual availability of the Products at the time of receipt of the order proposal.
The Seller expressly reserves the right not to accept the order for any reason. In the event of non-acceptance of the order, the Seller will promptly notify the Customer thereof.
3.6 Voucher or discount codes are noncumulative with other promotions and/or discounts. Each voucher or discount code shall be used once and for purchases executed with the same account to which have been released.
4. Right of withdrawal
4.1 Without prejudice to the exceptions indicated in Articles 1.6 and 1.7 above and Article 4.7 below and any additional exceptions provided for by law, the Customer acting as consumer has the right to withdraw from the relevant sales contract, without giving any justification thereof within 14 days from the day on which the Product was delivered, i.e. from the day on which the Customer, or a third party other than the carrier and designated by the consumer, acquires physical possession of the goods. The period for exercising the right of withdrawal referred to above expires after 14 days have elapsed from the date of delivery of the goods to the Customer, or to a third party other than the carrier.
4.2 In case of Services, the Customer lose the right of withdrawal when the Seller starts execution of the Services. Such moment corresponds to (i) the starting of the execution of the service for Services requiring bench test and (ii) appointment of the carrier for the collection of the product or component at Customer’s premises for all other Services.
If, after starting of execution of the Service, it is not possible to complete the execution of the Service for reasons not attributable to the Seller, the Seller shall be entitled to obtain reimbursement of the costs for collection and return of the product and/or component as well as of the 30% of the value of the Service as consideration for the execution of the activity.
4.3 The notice of withdrawal may be sent to the Seller by any means, including registered mail with acknowledgment of receipt, e-mail, certified e-mail. To ensure receipt and prompt response, we invite the Customer to exercise the right of withdrawal by sending the request to the e-mail address info@euro-racing.com, using the form downloadable here and, if possible, attaching photos of the Products to allow a preliminary check on the acceptability of the withdrawal request with respect to the state of the Products.
4.4 After sending the notice of withdrawal, the Customer must return the Products to the following address: EURO RACING SRL, Via Romagna 20, 61011 Gabicce Mare (PU), Italy. The Customer must return the Product no later than 14 (fourteen) working days from the date of the notice of withdrawal. In cases where the Products cannot be delivered through standard postal system, the Seller will arrange collection of the Products to be returned. In this case, the return cost is estimated to be equal to the delivery costs. In any case of return of the Products, even when the Seller collects the Product itself, the costs of return of the Product shall be borne by the Customer.
4.5 The right of withdrawal shall be exercised in relation to a Product or a Service in its entirety. It is not possible to exercise the right of withdrawal only for a part of the Product or Service purchased.
4.6 The Customer is responsible for any decrease in value resulting from handling of the Products other than that necessary to establish their nature and characteristics or resulting from damage to the same.
In the event of exercising the right of withdrawal, the Customer must return the Products intact, sealed and complete with all their elements and accessories (including labels, package inserts, warranty seals, films, tags unaltered), accompanied by the instructions, technical sheets, notes, manuals and/or other attached documents, the original packaging and the warranty certificate, if any.
4.7 The Customer does not have the right to exercise the right of withdrawal for customized Products. For such Personalized Products, the right of withdrawal is hereby expressly excluded.
Furthermore, the Customer loses the right of withdrawal in the following circumstances:
a) the exercise of the right of withdrawal after the terms provided above;
b) the return of the Products by the User after 14 days from the communication of the exercise of the right (the date of shipment of the Product will be considered in this regard);
c) the absence or lack of integrity original warranty seals, films, labels and/or outer and/or inner packaging;
d) handling of the Products other than that necessary to establish the nature and characteristics of the Products pursuant to paragraph 4.5 above;
e) damage to the Products, wear and tear, use of the Products;
f) all other cases provided for by law.
4.8 The Seller will verify the lawfulness of the exercise of the right of withdrawal as well as the condition of the returned Product.
In the event that the Customer is not entitled to exercise the right of withdrawal and/or the Customer has lost the right of withdrawal pursuant to the above, the Seller will return the Product in question to the Customer, without returning the relevant price to the Customer and charging the latter the consequent additional costs of redelivery and/or shipping, in the amount as already indicated for the first delivery.
If the Customer has legitimately exercised the right of withdrawal, the Seller will reimburse the Customer the price of the Products and standard shipping costs. If the Customer, when purchasing said Products, opted for a delivery method other than standard method, the difference between the standard shipping costs and actual shipping costs will not be reimbursed and will be borne by the Customer.
4.9 Without prejudice to the above, the Seller shall reimburse the Customer the price of the Products or Services for which the Customer has legitimately exercised the right of withdrawal, within a maximum period of 14 days from the date of return of the Product or the exercise of the right of withdrawal for the Services, using the same payment method that the Customer used for the purchase, unless otherwise agreed in writing with the Customer. The refund is suspended until the Seller receives the goods or until the Customer proves that has sent the goods back, whichever occurs first.
The time of actual reimbursement to the Customer may be longer than the above term due to the payment circuit used by the Customer for the payment.
5. Price – Delivery – Verification of Products
5.1 The price of the Products is the one indicated on the Website. The prices indicated on the Website are inclusive of packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs, which are calculated before the order is confirmed, and any other charges or sales taxes, which the Customer undertakes to pay, if due, in addition to the price indicated on the Website and in the Order Confirmation.
5.2 The Customer shall pay the Seller the total price indicated in the Order Confirmation.
5.3 The Seller delivers the Products to the countries indicated in the FAQ section and within the terms and indications set out in the individual Product sheet. Some Products may have delivery restrictions and can only be delivered to certain countries. These restrictions are indicated in the page of the individual Product.
5.4 Delivery time on the Website are indicative. The Products will be delivered in accordance with the Order Confirmation to the address indicated by the Customer, within 30 days from the Order Confirmation or within the delivery term indicated thereof. Delivery is executed at ground floor.
The Delivery of the Products takes place in accordance with the term DAP, according to the most up-to-date ICC Incoterms® existing at the time of the order, to the customer's address for deliveries in Europe, and to the customs warehouse of entry in the country of destination, for deliveries outside the European Union. This means that for deliveries outside the European Union, the Customer will have to independently pay the customs duties, if applicable, which will be requested and invoiced directly by the shipper at the time of delivery of the Products.
5.5 Upon receipt of the Product, the Customer will check if the Product and packaging are intact. Since damage to the Product causes the loss of the right of withdrawal, if the Product and/or packaging are damaged and the Customer intends to reserve the right to exercise the right of withdrawal, he must be able to prove that the damage was pre-existing and is attributable to transport. To this end, the Customer must photograph the packaging and/or the product upon receipt and report possible damages occurred during the transport on the transportation document countersigned by the carrier. In the case of patent damage of the Product, the Customer may refuse to receive the Product, taking care to take photos of the packaging and/or the damaged Product.
The Customer must notify the Seller of any damage caused to the Product during transport within 3 (three) days of receipt of the Product by writing an email to info@euro-racing.com and attaching the relevant photos.
6. Payment
6.1 Payment can be made by bank transfer, credit card, PayPal, or through other payment methods indicated in the FAQ section. Payment for the Products must always be made in advance of the shipment and/or delivery of the Products.
6.2 Unless specifically agreed in writing to derogate from what is provided herein, the Customer expressly agrees that the Seller may start the execution of the contract and the delivery of the Product only after the full crediting of the price of the Product(s) purchased to the Seller's current account. 6.3 If the Customer executes the payment by credit card or PayPal, the transmitted data will be sent in protected mode, through the encrypted data transfer with SSL (SecureSocketLayer) 128-bit system. Such data is also not accessible to the Seller.
The Seller will charge the price of Products only upon sending the Order Confirmation e-mail. 6.4 Occasionally, the Seller may request additional information from the Customer to verify its identity. In this case, the User will be contacted by e-mail or telephone.
7. Warranty
7.1 The Seller warrants that the Products supplied will be in good condition and compliant with the sale contract. The warranty does not apply to imperfections in the Products or material that are attributable exclusively to the handcrafted nature of the Product. 7.2 The Products must be stored in a cool and dry place away from sources of heat and direct light and in compliance with the instructions provided with the Products and on the basis of the nature of the Products.
This warranty will be applicable to Products that are intact and properly stored, according to the indications provided with the Product itself or the indications generally applicable in consideration of its nature.
7.3 The application of any warranty is excluded in the event of use and/or storage of the Product that does not comply with the nature of the Product and/or the instructions/warnings provided by the Seller and/or in the absence of the purchase receipt or other proof of purchase.
7.4 Without prejudice to the provisions of Article 5.5 above, in the event of discrepancies or defects in the Product that occur within two years from the delivery of the Product, the User acting as a consumer is entitled to the warranty provided for by the Consumer Code and, in particular, is entitled to:
a) repair or replacement of the product unless the remedy is impossible or involves disproportionate costs for the seller under the Consumer Code; alternatively
b) reduction of the price proportional to the non-conformity or defect, if it is not possible to repair or replace the product or it is excessively expensive for the Seller; or
c) Termination of the contract.
7.5 The User is not entitled to a warranty in the event of minor defects of the Products.
7.6 When the Customer acts as a professional, without prejudice to the provisions of Article 5.5 above, upon receipt of the Products, the Customer will have the burden of examining the Products as soon as possible and, under penalty of forfeiture of this warranty, of reporting:
a) no later than 8 (eight) days from receipt, any defects and non-conformities of the Products;
b) within 8 (eight) days of receipt of any defects and non-conformities of the Products;
by sending the Seller information about the defect and/or non-conformity found, accompanied by the relevant documentation proving the right to the warranty, namely: (i) at least one photograph of the allegedly defective Product or its effects, (ii) details of the Order Confirmation sent by the Seller and (iii) the tax receipt relating to the purchase.
7.7 Upon receipt of the request, the Seller will assess the defects and non-conformities reported by the Customer. After having carried out the quality checks to verify the actual non-conformity of the Product, the Seller will decide, at its discretion, whether to authorize the return of the Products by providing the Customer with a response by telephone or e-mail to the address provided by the latter or whether to propose a refund, in whole or in part, of the price paid depending on the discrepancy and defect.
The authorization to return the Products does not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. If, as a result of this verification, the Products are not covered by the warranty, the Seller will return the Products in question to the Customer, without returning the relevant price to the Customer and charging the Customer for any shipping costs incurred.
7.8 The Products for which the Seller has authorized the return must be returned by the Customer to the Seller, together with a copy of the return authorization notice, within 14 (fourteen) days from the notification of the defect or of the non-conformity to the following address: EURO RACING SRL, Via Romagna 20, 61011 Gabicce Mare (PU), Italy.
7.9 The provisions of Articles 7.6, 7.7. and 7.8 do not apply to the Customer acting as a consumer.
8. Liability for Damage from Defective Products
8.1. With regard to any damage caused by the Products, the applicable provisions of the Consumer Code shall apply.
8.2 In any case, especially if the Customer is a professional, the Seller cannot be held liable in any way in relation to damage caused to things and/or persons resulting from and/or attributable to a use and/or storage of the Product that does not comply with the instructions provided by the Seller itself or does not comply with the nature of the Product itself. Therefore, to the fullest extent permitted by law, the Customer indemnifies and holds harmless the Seller from any liability, none excluded and/or excluded in this regard.
9. Intellectual Property
9.1 All elements of the Website, whether they are the subject to registration or not (photos, product sheets, descriptions, layouts, etc.), are the exclusive property of the Seller and may not be used in any way by third parties. All designs, models, trademarks, texts, visual or sound, comments, works, illustrations, images present and/or reproduced on the Website are protected by the relevant applicable intellectual property rights.
9.2 Any type of reproduction and/or representation by the User or third parties that is not authorized by the Seller will result in the civil and criminal liability of its author. The User who has a website, a blog, a page on social networks or similar and who wishes to publish a link that leads directly to the home page of the Website must first ask the Seller for authorization.
Links to the Website that use "framing" or "in-line linking" techniques are prohibited. In any case, any link, even if tolerated and not contested, must be deleted at the Seller's simple request.
10. Events Outside Our Control
Event Outside Our Control means any act or event beyond the reasonable control of the Seller, including but not limited to strikes, lockouts or other industrial action by third parties, civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemics or other natural disasters, or failures and/or malfunctions of the Website, its applications and/or public or private telecommunications networks.
In the event of an Event Outside the Seller's Control that affects the operation of the Website and/or the fulfillment of the Seller's obligations under these General Terms and Conditions:
a) We will contact you as soon as reasonably practicable to inform you;
b) the Seller's obligations under these terms and conditions will be suspended and the deadline for the performance of such obligations will be extended for the duration of the Event Outside Our Control.
In the event that the Out of Our Control Event affects the delivery time of your Product, the Seller will inform the Customer of the new delivery date following the resolution of the Out of Our Control Event.
11. Governing Law and Dispute Resolution
11.1 These General Terms and Conditions are governed by Italian law and shall be interpreted in accordance with it. Consequently, the interpretation, execution and termination of these General Conditions are subject exclusively to Italian law.
11.2 The Seller is always available to seek an amicable solution to disputes that may arise, through the contacts indicated in the previous points. Furthermore, the User is informed that, pursuant to Article 14 of EU Regulation no. 524/2013 and the resolution on ODR referred to in Statutory Instrument no. 500/2015 in force since 15 February 2016, an online platform has been established by the European Commission for the resolution of ODR disputes derived from the purchase of goods online accessible at the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Through the ODR platform, it is possible to consult the list of ODR bodies, find information and the contact link in relation to each of them and initiate an online dispute resolution procedure. More information about the platform is available at the following link: https://webgate.ec.europa.eu/odr
11.3. This is without prejudice, in any case, to the Customer's right to appeal to the ordinary court competent for the dispute arising from these General Conditions, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, if the conditions are met, to promote an out-of-court resolution of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II - bis of the Consumer Code (Legislative Decree no. 206/2005).
11.4 If, on the other hand, the Customer acts in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, pursuant to Article 1.6 above, the parties jointly establish the exclusive jurisdiction of the Court of Pesaro. Notwithstanding the provisions of this clause 11.4 in relation to the Customer acting in the exercise of its business activity, the Seller is granted only the unconditional right to act, as a plaintiff, in the jurisdiction of the place where the Customer is established, before the competent court based on the place where the Customer has its registered office.
12 Website Security, Disclaimer
12.1 The Seller adopts all technical and organizational measures to preserve the inviolability and security of the Website, as well as its operation.
12.2 By accessing the Website, Users will be solely responsible for its use, as well as for the use of the materials contained therein. In particular, the Seller shall not be liable for the unlawful use of the Website or, in any case, for any use not in accordance with the laws in force, except for residual liability for willful misconduct and gross negligence. The Materials subject to any downloads will be freely downloaded by the Users. Any liability for consequent damage to computers, software and/or data loss will fall on the Users themselves and cannot be attributed to the Seller, except in cases of willful misconduct or gross negligence.
12.3 The Seller declines all responsibility for any damage related to the malfunctioning, suspension, interruption or otherwise inaccessibility of the Website (and its contents) attributable to force majeure, fortuitous circumstances or incorrect use of the services and/or materials of the Website by the Users themselves. Except in cases of willful misconduct or gross negligence, the Seller shall not be liable for possible damage caused by viruses, damaged files, errors, omissions, deletions attributable to third parties, or in any case connected to the network, provider or telephone, and/or telematic, and/or electrical connections. Without prejudice to the provisions herein and to the fullest extent permitted by law, the Seller declines all responsibility for damages related to unauthorized access to the Website by third parties and/or related alterations, such as, finally, the failure and/or defective functioning of the hardware and software of the Users themselves. It will be the responsibility of the Seller to communicate, with adequate advance notice on the home-page of the Website, any scheduled interruptions and/or suspensions of online services, and, if possible, any further information on the malfunctions and/or anomalies of the Website, and related e-commerce services, capable of adversely affecting Users.
13. Modification and Updating
The Seller may unilaterally amend these General Terms and Conditions at any time. Users will be notified of the new version by publication on the Website, well in advance of its entry into force. It will be the responsibility of the Seller to specify the reasons for the aforementioned changes, providing all details in this regard to the End Consumer Users. The new versions of the General Terms and Conditions will be effective from the date of publication of the same on the Website and in relation to Orders placed after that date.