The website www.vulturbike.com ("Site") is owned by VULTUR BIKE di Giuseppe Sicuro & C. S.A.S. ("Seller" or just "VULTURBIKE"), with registered office in Rionero in Vulture (PZ) Via Fiera 49 (85028), VAT no. 01971600760; n. R.E.A.: PZ-148048 Share capital: euro 7.000,00 i.v..
Any information, support, request or complaint can be forwarded to Customer Service:
- - by e-mail to email@example.com
- - by telephone at (+39) 0972 208663 or
- - using the contact section
The Seller undertakes to make these documents always usable and updated, and reserves the right to modify them at any time, with effect from the date of publication on the Site.
For the purposes of these Terms and Conditions, the following definitions shall apply:
"Contract": the contract concerning the distance sale of the products marketed by the Site, between VULTURBIKE and an end customer, within a distance selling system that uses the Internet as a distance communication technology.
"Customer": (i) the Consumer pursuant to art. 3, paragraph I, lett. a) of the Consumer Code, as a natural person who makes a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out by the same; (ii) the professional pursuant to art. 3, paragraph I, lett. c) as a natural or legal person who makes a purchase on the Site in the exercise of his business, commercial, craft or professional activity, or his intermediary
"User": the one who accesses the Site and continues his navigation.
"Shopping Cart": final phase of the purchase procedure in which the User transmits his purchase proposal by selecting the payment method, shipping and other options present.
"Order": the purchase proposal that the user sends to VULTURBIKE, completing the order procedure described.
With this Contract, VULTURBIKE sells and the Customer purchases remotely, by electronic means, the products indicated and offered for sale on the Site.
These Terms and Conditions do not regulate the sale of products or the provision of services carried out by third parties who use direct links to the Site through banners or through other hyperlinks/links. On the websites that can be consulted through these links, VULTURBIKE does not carry out any type of control / monitoring. Therefore, under no circumstances can VULTURBIKE be held responsible for the goods or services promised by third parties or for the execution of transactions between Users of the Site and third parties.
The sale of products on the Site may be temporarily suspended, without any prior notice, for the time strictly necessary for the necessary and / or appropriate technical interventions on the platform or if there are justified security reasons or violations of confidentiality. VULTURBIKE reserves, in any case, the right not to accept orders, from anyone coming, that are anomalous in relation to the quantity or frequency of purchases made on the site.
VULTURBIKE also reserves the right not to accept orders from a) users with whom a legal dispute is in progress; b) users involved in fraud related to credit card payments; c) users who have released identification data that then turn out to be false, incomplete or inaccurate.
By using this website and/or placing orders through it, you agree: 1. to use the website exclusively for lawful activities; 2. not to place false or fraudulent orders. If there are plausible reasons that suggest that these are orders of this nature, the Seller reserves the right to cancel the order and inform the competent authorities.
PRODUCTS FOR SALE
The products offered for sale through this Site are products for motorcycles and cars, specifically stickers, fairings and related products and are described in the relative information sheet ("Product Sheet") which illustrates the main characteristics and composition materials.
The images and descriptions included in the Product Sheet are for illustrative and demonstrative purposes and, despite the efforts to describe and represent them in the most real way possible, they may not be perfectly representative of the real products that consist of handcrafted products, and therefore may differ slightly in shape, color (also due to the different colors of the Windshield of the devices used) or present "small imperfections" due to handwork. However, we guarantee our effort to represent the products in the most truthful way and corresponding to reality possible.
These General Conditions of Sale do not include the assembly, installation and application of the Products, which are not the subject of this Contract and therefore are excluded. Therefore, Vulturbike liability for damages reported on the products by the Customer in these phases is excluded.
USE OF OTHERS' TRADEMARKS FOR DESCRIPTIVE AND COMPATIBILITY PURPOSES
The Customer is informed that, except in cases where the products are indicated as "original" or "official", by which it is understood that the products are manufactured, branded and placed on the market by the relative parent company (eg Ducati, BMW, Yamaha, Aprilia, Suzuki, Honda and Kawasaki and others),in all other cases they are products of Vulturbike, and the trademarks and models shown on the Site are used for the sole purpose of indicating the destination of the products Vulturbike, as accessories or spare parts. The use of the trademarks of others, therefore, has only a descriptive purpose of the compatibility of the products with the aforementioned trademarks and related models (Article 21 of the Industrial Property Code).
There is no commercial connection between Vulturbike and the trademarks shown on the Site, nor is Vulturbike licensee of the relative trademarks.
All product orders are subject to product availability. The availability of the products refers to the moment in which the Customer consults the Product Sheets and must in any case be considered indicative as the Site can be visited simultaneously by several Users, and it may happen that, at the same time, several Users place the order for the same product. Therefore, it may happen that the computer system of the Site marks as available a product that is not actually available, as it is sold to others before confirming the order. In such cases, the Seller cannot in any case be held responsible for the unavailability of one or more products. VULTURBIKE cannot even be held responsible for the temporary or definitive unavailability of one or more products. In the event of unavailability, even temporary, of the requested products, the Seller undertakes not to charge the Customer the corresponding price. If the order has been transmitted and the price already charged for the items that are no longer available, the Seller will refund the Customer the full amount paid for those items. In case of unavailability, partial or total, of the goods, even after sending the Order Confirmation email, the Customer will be promptly informed by e-mail communication. In this case, the purchase contract will be considered terminated, and VULTURBIKE will refund the price and shipping costs (where applied and, in the event that the purchase concerned only the unavailable Product or, in the case of multiple orders, limited to shipping costs specifically referred to the unavailable Product). In the case of multiple orders, the unavailability of one or more of the Products ordered will not give the Customer the right to cancel the entire Order.
To place orders through this Site it is necessary to first proceed with the registration by creating an account, by filling out the registration form, where the User will enter the personal data requested, also to store the ways in which the User uses the Services of the Site (eg payment, delivery, etc.).
Registration on the Site can also take place via Facebook or Google account.
By placing an order, the Customer declares to have read all the information provided to him during the purchase procedure, to fully accept these Terms and Conditions, and expressly acknowledges and accepts that this implies the obligation to pay the price and other amounts due under these Terms and Conditions and that the order cannot be modified or canceled after its shipment.
CONCLUSION OF THE CONTRACT
The Contract between Seller and Customer will be considered concluded only with the acceptance of the order by the Seller by sending an order confirmation email (the "Order Confirmation") which is equivalent to the acceptance of the purchase proposal. Only the products indicated in the Order Confirmation will be the subject of the contract. In case of payment by bank transfer, the Contract will be considered concluded only with the receipt of the bank credit on the VULTURBIKE account. Therefore, from that moment on, the delivery time will have to be calculated.
The Seller reserves the right, at its discretion, to refuse the order, even in cases where: a) the order cannot be executed due to: error in the information provided by the User at the time of placing the order (e.g. payment card, expiration date, etc.); incorrect billing address; insufficient or incorrect shipping address; misleading information; impossibility to deliver the product in some disadvantaged geographical areas; b) there has been an error on the Site relating to the price, description of the product or its availability of the product. In such cases, the Seller will proceed to cancel the order and refund any amount already paid by the User for the payment of the products.
Subsequently, the customer will be informed through a succession of emails that the order is:
- has been accepted and is being prepared (first email);
- has been shipped ("Dispatch Confirmation").
Then the Customer will receive an email, directly from the courier through which the shipment was made, with the tracking number useful for tracking the shipment itself, which will generally be active after 24 hours from its receipt.
The purchase contract will be terminated in case of non-payment, even partial, of the price of the product, shipping costs, if any, and any other additional cost, as a result of the order ("Total Amount Due"). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will be considered terminated by law pursuant to and for the purposes of art. 1456 c.c. Of such termination and the consequent cancellation of the order, the Customer will be promptly notified.
The payment methods available on the Site are those described below.
Credit cards and debit cards are accepted through the Stripe service of the following circuits: American Express, Mastercard, Visa.
If, for any reason, it is not possible to charge the amount due, the sale process will be automatically canceled and the sale will be terminated pursuant to art. 1456 c.c. The Customer will be informed by e-mail communication. The charge will be made at the time of transmission of the order. For security purposes, you may be required to authenticate using mobile devices or other means required by the Payment Services. Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site.
Payments by PayPal are also accepted through the following circuits: MasterCard, Visa, Visa Electron, Maestro, American Express, Discover and Aurora.
If you choose this payment method, you will be redirected to the PayPal site where you will make the payment according to the procedure provided for and governed therein, which may also require a multi-factor security procedure, such as sending confirmation emails. PayPal uses the latest and most up-to-date SSL security and data encryption protocols. In case of cancellation of the order or in other cases in which it is necessary to proceed with the reimbursement of the expense incurred by the Customer, the relative amounts will be refunded through the PayPal account, unless otherwise agreed with VULTURBIKE.
Payment by bank transfer is accepted. The details to make the transfer are indicated to the Customer via email after the Order Confirmation and are always available on this page.
The Customer must proceed with the payment without exception within 60 days from the sending of the order confirmation email. In case of non-payment within the indicated term, the sale will be terminated pursuant to art. 1456 of the Italian Civil Code, without prejudice to the right to compensation for the damage suffered, and the Customer will receive an email canceling the order sent.
The Customer must indicate in the reason for the transfer: order number.
In case of payment by bank transfer, the Contract will be considered concluded only with the receipt of the bank credit on the account of VULTURBIKE. Therefore, from that moment on, the delivery time will have to be calculated.
Cash on delivery reserved for Italian customers.
If the Italian Customer chooses cash on delivery as a means of payment, we inform you that an additional cost of € 7 will be applied to the entire shipment, or the different amount indicated from time to time on the Site. In the event of a choice of payment by cash on delivery, at the time of delivery of the Products it is necessary to have in cash the amount indicated in the purchase order (since the courier is not authorized to accept checks and cannot give money in change): failing that, the purchase contract will be considered terminated by right pursuant to and for the purposes of art. 1456 c.c. You will be notified of the termination of the contract and the consequent cancellation of the order.
Any refund to be made pursuant to these General Conditions of Sale will be arranged by bank transfer to the bank details communicated by you.
The sales prices displayed on the Site are to be understood in Euro and include VAT (if applicable) and any other tax.
The price applied to the contractual relationship between the Seller and the Customer will be the one in force at the time of the order and indicated in the Order Confirmation, without considering price increases or decreases, even for promotions, which may occur later.
DUTIES, TAXES AND OTHER TAX CHARGES FOR NON-EU CUSTOMERS
In the case of purchase by a non-European Customer, we inform you that the price will be shown without VAT and duties, taxes and other tax charges required by the importing country may be applied. It is not possible to predict in any way whether and what costs would be incurred for the customs clearance of the goods. The payment of these is charged to the Customer.
For more information, you can contact the customs office in your country.
VULTURBIKE does not accept requests for false declarations on the value of goods purchased and shipped to non-EU countries.
At the request of the Customer to be made at the same time as the order, VULTURBIKE will issue the invoice, using the information provided by the Customer and that the latter guarantees to be true, and will issue it by e-mail to the Customer. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.
ATTENTION: invoice requests will not be accepted after sending the order. In case of non-invoice, the order will be entered in our electronic fee register that we regularly send to the Revenue Agency and that can not be changed later.
SHIPPING AND DELIVERY OF PRODUCTS
The shipment is entrusted to national and international carriers who normally perform it from Monday to Friday, excluding holidays.
For more information about shipping, see this page.
Attention: We do not ship to Russia and Ukraine.
Shipments to PO boxes or parcel vending points are not permitted. Orders are shipped by courier and it is therefore necessary the presence of a natural person for signature upon delivery of the package.
Delivery times for Italy and Europe may vary from a minimum of 5 to a maximum of 18 working days, and in any case within 30 days from the conclusion of the Contract.
Delivery times for non-EU countries may vary depending on the country of destination.
These terms must be considered indicative and non-essential and any modification of the same will be promptly communicated by VULTURBIKE to the Customer via email.
The Customer is reminded that:
- The products available in stock will be entrusted to the courier approximately within 3 working days of receipt of the order (the timing may vary during high season and / or holidays).
- Customized products, on the other hand, require longer times, dictated by the type of customization and, therefore, by the processing times to be performed on the product.
- Orders with payment by bank transfer will always be shipped after the actual credit.
- In any case, the Customer will be informed of the shipment via the Shipping Confirmation email.
Shipping costs vary according to the delivery address and the VOLUMETRIC weight of the product or products purchased.
The details of shipping prices are indicated on the Site on this page and are in any case indicated within the purchase procedure, before the order is forwarded by the Customer.
In case of absence of the recipient at the address indicated, the carrier in charge will contact the recipient by telephone, or send an email alert, and will attempt a new delivery in the following days. In the event that in the following days it is not possible to make the delivery due to the absence of the recipient, the ordered products will be stored at the competent branch, accruing storage costs charged to the Customer himself. After the days of storage without delivery, the products will be returned to the Seller and the order will be canceled pursuant to art. 1456 of the Italian Civil Code, without prejudice to the right to compensation for damages deriving from transport and storage costs, which VULTURBIKE reserves the right to withhold from reimbursement.
The risk of loss and damage to the products, for reasons not attributable to the Seller, is transferred to the Customer when the latter, or a third party designated by him and other than the carrier, physically comes into possession of the product.
ATTENTION TO DELIVERY
Since these are products that could suffer breakage or damage during transport, before accepting the package, make sure:
- that the number of packages delivered corresponds to the number of packages indicated in the transport document;
- that the packaging is intact and not altered, even in the sealing materials;
- that the package is delivered with diligence and skill by the carrier;
- to SIGN with SPECIFIC CONTROL RESERVE in case of anomalies, package not intact or altered, as better specified below;
- to check the integrity of the content within 24 hours of delivery;
- to photograph the article from different perspectives as received by the courier.
SPECIFIC CONTROL RESERVE
Before accepting the package, make sure of the condition of the packaging and its contents.
The Customer has the right to carry out his checks and ACCEPT WITH RESERVE the package, when he believes that there are reasons to do so, without being in a hurry to leave the shipper or fear of making reservations.
It is the duty and responsibility of the freight forwarder to transport and deliver the goods with care, without causing damage to them during transport. For this reason, in case of anomalies in the delivery of goods, parcel or packaging damaged by its conduct, it is the carrier to be responsible for hidden transport damage.
To assert this responsibility, it is necessary to accept the delivery with RESERVE OF CONTROL which must be SPECIFIC ie well motivated, writing "I ACCEPT SUBJECT TO CONTROL" + THE MOTIVATION
"I ACCEPT SUBJECT TO CONTROL FOR SUSPECTED TAMPERING: if the package is open or not perfectly closed;
"I ACCEPT SUBJECT TO CONTROL FOR IMPROPER TREATMENT": if it is not delivered with care or diligence by the carrier;
"I ACCEPT SUBJECT TO CONTROL FOR VISUALLY DAMAGED PACKAGE" if the package is visible damaged, or is visually altered.
RIGHT OF WITHDRAWAL
The Consumer Customer has the right of withdrawal, or the right to return the goods and obtain a refund of the amount paid by him.
The right of withdrawal is excluded in case of:
1. purchase by a customer who has the quality of professional pursuant to art. 3, lett. c) of the Consumer Code;
2. in the case of products made to measure or clearly personalized (Article 59 letter c) of the Consumer Code).
The right of withdrawal can be exercised within fourteen (14) days ("Withdrawal Period") from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the product, or, in case of purchase of several products, from the day of delivery of the last product, or even in case of purchase of products with several lots or multiple pieces, from the day of delivery of the last lot or piece.
To exercise the right of withdrawal, the Customer must inform the Seller, before the expiry of the Withdrawal Period, of his decision to withdraw, by means of any explicit declaration of his decision to withdraw from the contract ("Declaration of withdrawal"), of which a model is made available at the following link, indicating in the subject: "exercise of the right of withdrawal"; and in the body of the email: order number, order date, the product(s) for which you intend to exercise the right of withdrawal; to be sent to: firstname.lastname@example.org
The costs of returning the goods are fully borne by the customer. Any customs fees necessary to return the goods are also charged to the customer. Within fourteen (14) days from the Declaration of Withdrawal, the Customer must return the product carefully packed, protected, intact and complete with all its accessories, manuals, original labels, using the original packaging with which it was received. The product must be returned to:
Via Fiera, 49
Rionero In Vulture 85028 (PZ)
Upon arrival at the warehouse VULTURBIKE will ascertain the condition of the returned product and reserves the right to withhold the refund until that moment.
The Customer acknowledges and expressly accepts that, at the end of the aforementioned assessment, the return request will be refused and the purchased product will be returned to the Customer, charging the shipping costs to the same, in case of:
- packaged product, whose original packaging is missing, tampered with or damaged by the Customer or purchase of items;
- product that lacks some original parts, accessories or labels;
- product that is damaged for reasons other than transport, or there are anomalies in the state of conservation of the same.
Without prejudice to the above, the Customer who exercises the right of withdrawal is responsible for the decrease in the value of the products resulting from a handling of the products other than that necessary to establish the nature, characteristics and functioning of the same. In this case, the amount to be repaid will be reduced by an amount equal to the decrease in value. From time to time the Customer will be informed by communication within the number of 3 days from receipt of goods in stock. In the event that the refund has already been made, the Seller will provide the bank details for the payment due by the Customer due to the decrease in the value of the Product.
The products marketed on the Site are covered by the Legal Guarantee of Conformity referred to in Articles. 129 et seq. of the Consumer Code which is reserved for consumers pursuant to art. 3, paragraph I, lett. a) of the Consumer Code. The Legal Guarantee of Conformity operates when the lack of conformity becomes apparent within 2 years of delivery of the product ("Warranty Period").
The Legal Guarantee does not cover any defects caused by:
- Accidental or caused by the Customer
- Use of the product improperly with respect to its normal intended use or as reported in the attached technical documentation
- Handling of the product by the Customer or third parties appointed for installation.
We advise you to assess the conformity of the product at the time of delivery of the same, without using it incorrectly (for example, applying the adhesive in an unsuitable way). We will do our best to provide you with all the information you need.
However, in the event that the product presents a lack of conformity, the Customer has the right to obtain:
(a) restoration of conformity
(b) or a proportional reduction in the price
c) or, the termination of this contract.
For the purpose of restoring the conformity of the goods, the Consumer may choose between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the Seller , taking into account all the circumstances and, in particular, the following:
(a) the value that the goods would have in the absence of the lack of conformity;
(b) the extent of the lack of conformity; and
c) the possibility of using the alternative remedy without significant inconvenience for the Consumer.
The Consumer has the right to a proportional reduction in the price or to the termination of the sales contract:
a) if the Seller has not carried out the repair or replacement;
(b) if a lack of conformity becomes apparent despite the attempt to restore it;
(c) if the lack of conformity is so serious as to justify a price reduction or termination of the contract;
d) if the Seller has declared or is clear from the circumstances, that it will not proceed to restore the conformity of the goods within a reasonable period or without significant inconvenience to the Consumer.
The Consumer does not have the right to terminate the contract if the lack of conformity is only minor. It is up to the Seller to determine the slightness.
In the event of a price reduction, it will be proportional to the decrease in the value of the product.
In case of lack of conformity, the Customer, within the Warranty Period, may contact Customer Service by email at the address referred to in the header indicating the order number and attaching the representative photos of the lack of conformity.
The product of which the lack of conformity is complained must be sent to VULTURBIKE who will bear the costs of return or will instruct its own carrier for collection.
The reviews published on the Site are collected through the Google My Business company profile to whose page reference is made to better understand their origin.
VULTURBIKE declines all responsibility for any breach of its contractual obligations in the event of unforeseeable circumstances or force majeure, but not limited to, acts of war or terrorism, strikes, states of emergency at national or local level, failure of transport infrastructure, interruptions in the supply of electricity or other utilities, earthquakes, other natural disasters.
VULTURBIKE shall not be liable for any damages, losses and costs incurred by the Buyer as a result of failure to execute 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.
The User undertakes to use the Site and the Products purchased on the Site exclusively in accordance with these Terms and Conditions, for lawful purposes and in any case without infringing the rights of the Seller and / or third parties. The User undertakes to indemnify the Seller, its employees or collaborators, from any claim for damages or claims made by third parties for acts or omissions of the user made during his interaction with the Site or in relation to purchases of products on the Site.
The Terms and Conditions consist of all the clauses that compose them. If any provision of these Terms and Conditions is held invalid or declared invalid by law or by decision by a body having jurisdiction, the other provisions will continue in full force and effect.
APPLICABLE LAW AND JURISDICTION
All contractual relations between the parties and these Terms and Conditions are governed by Italian law. For any dispute relating to the application, interpretation and execution of these Terms and Conditions, the Court of Potenza is exclusively competent, unless the Customer is a Consumer pursuant to art. 3, paragraph I, lett. a) of the Consumer Code. In this case, the judge of the place where the Consumer has residence or has elected domicile is competent.
ALTERNATIVE DISPUTE RESOLUTION
The Customer can make use of the Joint Conciliation procedure (ADR procedure) RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, which allows to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and secure way on the internet. For more information on the rules of RisolviOnline or to send a request for conciliation access www.risolvionline.com
Pursuant to art. 14 of Regulation (EU) nº 524/2013, the Seller informs all consumers pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (so-called O.D.R. platform) The O.D.R. platform is made available by the European Commission at the following link: http://ec.europa.eu/consumers/odr/. This is without prejudice to the right of the Consumer Customer to refer to the competent ordinary judge for the dispute arising from these Terms and 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 through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
CUSTOMER SERVICE AND COMPLAINTS
To obtain information, transmit communications, request assistance or submit complaints, the Customer may contact Customer Service by:
- e-mail to email@example.com
- telephone number (+39) 0972 208663 or
- using the contact section
VULTURBIKE will respond to complaints as soon as possible and in any case within 3 working days of receipt of the same.
INDUSTRIAL AND INTELLECTUAL PROPERTY
The Site as a whole, as well as its individual elements (photographs, texts, videos, logos, etc.), as well as these legal documents, constitute intellectual works protected by the Industrial Property Code and the Law on Copyright.
Any total or partial reproduction, download, modification or use of the trademarks, videos, logo, and any other element on this Site, for any reason and on any medium, is strictly prohibited without the prior written consent of the respective owners.