The offer and sale of Products on the "www.vulturbike.com" website are governed by the following General Conditions of Sale also on the basis of the provisions of Legislative Decree 21.2.2014 n. 21 regarding the amendments referred to in Chapter I Title III part III of Legislative Decree 206/2005. The products purchased on "www.vulturbike.com" are provided by Vulturbike di Giuseppe Sicuro & C. s.a.s, with registered office in Rionero in Vulture (PZ), Vico III Annunziata, 37, registered with the Chamber of Commerce of Potenza with REA PZ - 148048 of the Register of Companies, C.F. and P.I. : 01971600760, telephone and fax 0972.724261, email: info@vulturbike.com hereinafter referred to as "Seller" or "Supplier".
1. DEFINITIONS
1.1 "Online sales contract" means the contract of sale relating to the Seller's Products, stipulated between them and the Consumer, hereinafter referred to as buyer, as part of a distance selling system organized by the Seller himself through telematic tools, and governed by these General Conditions of Sale.
1.2 "Buyer" means the natural person who makes the purchase for purposes not related to any entrepreneurial, commercial, craft or professional activity carried out. Any contracts concluded with parties other than the Buyer will be governed by Legislative Decree 70/2003 and by the rules on sale, referred to in Articles. 1470 et seq.c.c.
1.3 "Supplier/Seller" means the person indicated in the epigraph.
2. OBJECT OF THE CONTRACT
2.1 With the online sales contract, the Supplier sells and the Buyer purchases through the payment of the relative price the goods indicated and offered for sale on the site www.vulturbike.com, specifically stickers, stickers, fairings and similar products for motorcycles and cars (hereinafter referred to as the "Products").
2.2. The General Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for Products on vulturbike.com. The General Conditions of Sale do not apply to the provision of services and / or the sale of products by parties other than the Seller that are present on the site through links, banners or other hypertext links.
3. CONCLUSION OF THE ONLINE SALES CONTRACT
3.1 To make a purchase, the Buyer must select one or more Products to be included in his cart and send the order form in electronic format, following the relevant instructions. Before proceeding with the transmission of the order form, the buyer is asked to identify and correct any errors in data entry.
3.2 The order form does not contain the full General Conditions of Sale, but a reference to them, a summary of the Products ordered, the relative price (including all applicable taxes or duties), the means of payment that can be used to purchase each Product and shipping costs. Before sending the order, the Buyer is required to carefully read these General Conditions of Sale and related information being a mandatory step for the completion of the order as indicated in the following art. 9.3.
3.3 The online sales contract is concluded when the Seller receives the relative payment for the Products, through one of the methods indicated on the site and after having ascertained the actual crediting. The contract is not considered perfected and effective if all the conditions referred to in the previous points are not met.
3.4 Once the online sales contract has been concluded, the Seller takes charge of the purchase order and sends an email confirming receipt of the order. The Seller reserves the right to request additional additional information from the Buyer for the invoicing of the Products. In the absence of the requested information, the Seller will have the right not to accept the order.
3.5 By electronically transmitting the order form, the Buyer confirms that he knows and accepts the General Conditions of Sale and the additional information contained in vulturbike.com, also referred to through links, including the Privacy Policy. If the Buyer does not intend to accept the aforementioned conditions, please do not submit the order form and do not purchase Products on vulturbike.com.
3.6 The order form will be archived by vulturbike.com for the period of time necessary to conclude the transaction. In the case of a transaction through the PayPal circuit, the Buyer will receive from PayPal a printable summary of the purchase order, with the assignment of a specific identification number, which must be used in any further communication with the Seller.
3.7 The Seller may not process purchase orders that are incomplete or incorrect, or in case of unavailability of the Products. In all these cases, the Buyer will be informed by e-mail that the contract is not concluded and for what reason. If the Products on vulturbike.com are no longer available, the Seller will notify the Buyer by e-mail within 15 (fifteen) days from the day following that on which the order was transmitted. In case of submission of the order form and payment of the price, the Seller will refund the Buyer what has already been anticipated, by crediting the amount in the credit card used for the purchase or in the Buyer's PayPal account.
4. PAYMENT METHODS
4.1 The payment of the price of the products and the related shipping costs may be made by the Buyer through the payment methods provided on the site or through one of the methods indicated in the order form provided by PayPal.
4.2 For more information on the use of PayPal, the Buyer may visit the website www.paypal.com.
5. DELIVERY TIMES AND METHODS
5.1 The Seller accepts orders that provide for delivery both on Italian territory and throughout the rest of the world. For all products delivered, the Seller issues the invoice with the data provided by the Buyer. Unless otherwise agreed by the parties, the Seller is obliged to deliver the goods at the latest within 30 (thirty) days from the date of conclusion of the contract.
5.2 The Seller uses for the delivery of the products, of affiliated express couriers (hereinafter referred to as the "Courier"). The Seller entrusts the Products to the Courier within five working days following that of acceptance of the order and, in any case, no later than the following five days, contained in the packaging or in boxes sealed with adhesive tape marked by the Seller, or in plasticized envelopes sealed with the logo of the Courier used.
5.3 Deliveries are made on working days, from Monday to Friday (hereinafter also "Working Day(s)"). The delivery times of the Courier to the Buyer's home are indicated on its website and are to be considered indicative, as they may be subject to variations due to force majeure, uncomfortable traffic and road conditions, strikes or an act of the Authority.
5.4 Upon delivery of the goods by the Courier, the Buyer is required to check: – that the number of packages delivered corresponds to what is indicated in the courier's accompanying document; – that the packaging is intact, not damaged, wet or altered. Once the Courier's transport document has been signed, the Buyer can no longer make any objection regarding the external conditions of the Products delivered.
5.5 The Buyer is required to bear a contribution to the delivery costs (hereinafter referred to as the "Delivery Contribution") of a variable amount depending on the destination of the goods on the Italian, EU or non-EU territory. The Seller may request a supplement for deliveries to other countries; in this case, the Buyer may decide to withdraw from the contract and will be refunded within 5 days of the amount spent. Standard delivery. Delivery is made on the street front on working days from 08:30 to 18:00. The Courier makes a first delivery without notice. In case of absence of the Buyer, the Courier leaves a notice of passage (slip inside the mailbox or sticker on the doorbell) and retries the delivery on the next Working Day. In case of further absence, the Customer will be contacted by the Seller's staff to define a further delivery. If the third attempt fails, the product returns to the Seller's warehouses, resulting in the cancellation of the order and reimbursement of the price of the product, by crediting the Buyer's credit card. The average delivery times starting from the assignment to the Courier, are a maximum of 4 working days for all of Italy and variable for deliveries outside Italy. Consultation of the shipment. The Buyer can check the shipping status of the Product by contacting the Seller at 0972 208663 or at the e-mail address info@vulturbike.com.
6. PRICES
6.1 All sales prices of the Products displayed and indicated on the website www.vulturbike.com are inclusive of VAT at 22%.
After logging in to the site (login) the prices are automatically shown according to the taxation of the European and non-European registration state. In the case of non-EU customers, VAT is not shown and any customs duties are charged to the Customer depending on the national taxation in force. Prices may be changed at any time without notice, as well as promotional discounts.
Shipping costs, if present and not included in the purchase price, are indicated and calculated in the purchase procedure and also contained in the order summary, which is sent by PayPal to the Buyer.
6.2 The prices of the Products are subject to updates and changes. The Buyer is required to ascertain the final sale price before placing the order.
6.3 The products sold are not subject to any import tax or customs duty if the product is sold and delivered in Italy or within the European Union. In the case of deliveries to countries outside the European Union, the products may be subject to import taxes and / or customs duties depending on the type of product and the country of destination. It is not possible to predict in any way if and what costs should be incurred for the customs clearance of the goods. For more information, you can contact the customs office in your country. In all cases, any costs related to import taxes and / or customs duties will be borne by the customer.
7. LIMITATIONS OF LIABILITY
7.1 The Seller assumes no responsibility if it fails to execute the order within the time provided for in the contract for reasons of force majeure and / or in any case not attributable to it.
7.2 The Seller cannot be held responsible to the Buyer for disservices or malfunctions connected to the use of the Internet, which are beyond its control and, in any case, not attributable to it by way of willful misconduct or gross negligence.
7.3 The Seller shall also not be liable for any damages, losses and costs suffered by the Buyer as a result of the non-execution of the contract for reasons not attributable to him by way of willful misconduct or gross negligence. In any case, the Buyer will only be entitled to a full refund of the price paid and any ancillary charges incurred.
7.4 The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment used by the Buyer, if it proves to have taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
7.5 Under no circumstances may the Buyer be held liable for delays or misunderstandings in payment if he proves that he has made the payment in the times and ways indicated by the Seller.
8. SELLER WARRANTIES AND LIABILITY 8.1 All Products for sale on vulturbike.com are covered by the Seller's Warranty.
9. BUYER'S OBLIGATIONS
9.1 The Buyer undertakes to pay the price of the Product purchased in the times and ways indicated in these General Conditions of Sale.
9.2 The Buyer undertakes, once the online purchase procedure has been completed, to provide for the printing and storage of the General Conditions of Sale, as well as the order form and the order summary sent by PayPal (in case of use of the PayPal circuit).
9.3 The information contained in these General Conditions of Sale has already been viewed and accepted by the Buyer, who acknowledges it, as this step is mandatory before the purchase confirmation, pursuant to points 3.2 and 3.5 above.
10. RIGHT OF WITHDRAWAL
10.1 The Buyer has, in any case, the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within 14 (fourteen) working days from receipt of the purchased goods.
10.2 If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by PEC at the address: vulturbikesas@pec.it.
10.3 The Buyer will ship the carefully packed Product, complete with every accessory and everything originally contained exclusively at its own expense.
10.4 The return of the goods must take place at the latest within 14 (fourteen) days from the date on which he communicated to the Seller his decision to withdraw.
10.5 To be entitled to a refund of the price paid, the goods must be returned intact and, in any case, in normal condition. The right of withdrawal is totally lost if the returned product is not intact, namely: – in the absence of packaging – in the absence of integral elements of the product (accessories, etc.) – for damage to the product for reasons other than transport.
10.6 In case of partial withdrawal for the purchase of several products, the Delivery Contribution possibly incurred by the Buyer will not be refunded.
10.7 The only expenses due by the Buyer for the exercise of the right of withdrawal, pursuant to this article, are the costs of returning the goods to the Seller.
10.8 After the return of the Products, the Seller provides for the necessary checks relating to the integrity of the same and compliance with the conditions contained in the previous articles. If the checks are concluded positively, the Seller will send the Buyer, by e-mail, the confirmation of acceptance of the returned Products and will proceed with the cancellation of the order and the issuance of the relative credit note.
10.9 The Seller will refund the full amount paid by the Buyer, by crediting through forms of payment agreed with the Buyer. Payment will be made as soon as possible or, in any case, within 14 (fourteen) days of receipt of the notice of withdrawal.
10.10 Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
10.11 The Seller is not obliged to reimburse the additional costs if the Buyer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Seller.
11. COMMUNICATIONS AND COMPLAINTS
11.1 Any complaint relating to the deliveries of the Products and their characteristics at the time of delivery must be reported to the Seller through the number 0972 208663 or by writing an email to info@vulturbike.com. Complaints must contain a description of their subject matter and the reasons on which they are based.
11.2 Damaged products or mismatch of the packages: any external damage or mismatch in the number of packages must be immediately reported to the Courier, affixing the words "withdrawal with reserve" on the courier's accompanying document and must also be reported, within 8 days, through the means of communication indicated above.
11.3 Delivery delays: delays may be reported within 6 days of non-receipt with respect to the day scheduled for delivery. 11.4 The Buyer must indicate his residence or domicile, the telephone number or the e-mail address to which he wishes the Seller's communications to be sent.
12 APPLICABLE LAW
12.1 This contract is governed by Italian law. The mandatory territorial jurisdiction lies with the court of the place of residence or domicile of the Seller.
12.2 The Seller does not use for the settlement of disputes the out-of-court settlement bodies provided for by art. 19 of Legislative Decree 70/2003; therefore any disputes relating to the online sales contract will be the responsibility of the Ordinary Judge, except for the presence on the point of different mandatory rules of law.
13. FINAL CLAUSE
13.1 This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously made between the parties and concerning the subject matter of this contract.
13.2. Any causes of invalidity and / or ineffectiveness of individual clauses will not affect the validity and / or effectiveness of the entire document.