The goods covered by these general terms and conditions are sold by ECM di Tacchi Alessandro, Via Liguria, 13 Pesaro (PU) Italy, VAT number 02646670410, hereinafter referred to as "Supplier".
Art. 1 Definitions
1.1. The term "online sales contract" refers to the contract of sale relating to the tangible movable goods of the Supplier, concluded between the Supplier and the Buyer within the framework of a distance selling system using electronic tools organized by the Supplier.
1.2. The term "Buyer" refers to the individual consumer who makes the purchase under this contract for purposes unrelated to any commercial or professional activity they may carry out.
1.3. The term "Supplier" refers to the entity identified above, or the entity providing the information services.
Art. 2 Subject of the contract
2.1. By this contract, the Supplier sells and the Buyer purchases at a distance via electronic means the movable goods indicated and offered for sale on the website amotorbike.com.
2.2. The products mentioned in the previous point are illustrated on the web page: amotorbike.com
Art. 3 Method of concluding the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively via the internet through the Buyer’s access to the website amotorbike.com, where, by following the indicated procedures, the Buyer will formalize their purchase proposal and enter into a contract for the purchase of the goods mentioned in point 2.1 of the previous article.
Art. 4 Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by the exact completion of the request form and the consent to purchase expressed by the online submission of the form or with the completion of the form attached to the online catalog at www.amotorbike.com/products/order, followed by the submission of the form. This is done after viewing a summary webpage of the order, which can be printed, containing the orderer’s details, the item’s price, shipping costs, any additional fees, payment methods and terms, the delivery address, delivery time, and the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, it will send a confirmation email or display a confirmation page summarizing the order, which can be printed, and which will also show the details mentioned in the previous point.
4.3. The contract is not considered concluded and effective between the parties if the previous point’s procedure is not followed.
Art. 5 Payment methods, returns, and refunds
5.1. Payment by the Buyer may be made exclusively by PayPal, credit card via Stripe wallet, advance bank transfer, or cash on delivery. For business or reseller customers, payment may be made via bank receipts or scheduled bank transfers.
5.2. Any refund to the Buyer will be credited using one of the payment methods employed, in a timely manner, and in case of exercising the right of withdrawal, as regulated by Article 13, point 2 and following of this contract, within 30 days of the Supplier becoming aware of the withdrawal.
5.3. All payment communications occur via a secure line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional layer of security encryption and in compliance with current privacy regulations.
5.4. For damaged goods, the refund will be the full amount paid by the customer. For returns of a conforming product, for a product that was disliked, or mistakenly ordered, the refund will be the amount paid minus the shipping fees for return. If the customer returns the product at their expense, a full refund will apply.
Art. 6 Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products by the methods chosen by the Buyer or indicated on the website at the time of the product offer, as confirmed in the email referred to in point 6.2.
6.2. Shipping times may range from the same day of the order to a maximum of 21 working days from confirmation. If the Supplier cannot ship within this time, but still within the time indicated in the following point, it will notify the Buyer promptly via email.
6.3. Shipping costs are free for orders over €99.00 unless otherwise specified on the product. For free shipping, the Buyer must arrange two people for unloading by hand. If the Buyer is unable to arrange this, an additional €59 charge for a tail lift will be required, otherwise, the product will return to the warehouse.
Art. 7 Prices
7.1. All sale prices of products displayed and indicated on the website www.amotorbike.com are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Civil Code.
7.2. The sale prices, as mentioned in the previous point, include VAT and any other taxes. Shipping costs and any additional charges (e.g. customs duties), if applicable, are not included in the purchase price but will be indicated and calculated during the purchase process before the Buyer submits the order, and will also be shown on the order summary webpage.
7.3. The prices indicated next to each of the goods offered to the public are valid until revised.
7.4. For business customers, the prices indicated after logging into their reserved area exclude VAT; the tax calculation will be carried out during order completion before payment is made.
Art. 8 Product availability
8.1. The Supplier ensures, via the electronic system used, the processing and fulfillment of orders without delay. To this end, it indicates in real-time in its electronic catalog the number of available and unavailable products, as well as shipping times.
8.2. If an order exceeds the available stock, the Supplier will notify the Buyer by email whether the item is no longer available for reservation or what the waiting time is for the item, asking whether the Buyer wants to confirm the order.
8.3. The Supplier’s IT system will confirm the order registration as soon as possible by sending the Buyer an email confirmation, as per point 4.2.
8.4. If a product is unavailable due to stock errors, the Supplier reserves the right to cancel the order and refund the Buyer within 5 working days.
Art. 9 Limitations of liability
9.1. The Supplier assumes no liability for any service disruptions caused by force majeure if it fails to execute the order within the time specified in the contract.
9.2. The Supplier shall not be held responsible towards the Buyer, except in cases of fraud or gross negligence, for service disruptions or malfunctions related to the use of the Internet outside its control or that of its subcontractors.
9.3. The Supplier shall also not be responsible for any damages, losses, or costs incurred by the Buyer due to the non-execution of the contract for reasons not attributable to the Supplier, and the Buyer will only be entitled to a full refund of the price paid and any additional charges incurred.
9.4. The Supplier assumes no liability for fraudulent or illegal use of credit cards, checks, and other payment methods by third parties for the payment of the purchased goods, provided it has adopted all possible precautions based on the best available knowledge and due diligence.
9.5. Under no circumstances will the Buyer be held liable for delays or payment issues if they can prove that payment was made within the time and manner indicated by the Supplier.
Art. 10 Liability for Defects, Proof of Damage, and Recoverable Damages
10.1. Pursuant to Articles 114 and following of the Consumer Code, the Supplier is liable for damages caused by defects in the goods sold if they fail to communicate to the Damaged Party, within 3 months of the request, the identity and address of the manufacturer or the person who supplied the goods.
10.2. The aforementioned request by the Damaged Party must be made in writing and must indicate the product that caused the damage, the place, and the date of purchase; it must also contain the offer to view the product, if still available.
10.3. The Supplier shall not be held responsible for the consequences of a defective product if the defect is due to the product's compliance with a mandatory legal standard or binding regulation, or if the state of scientific and technical knowledge at the time the manufacturer released the product did not yet allow the product to be considered defective.
10.4. No compensation will be due if the Damaged Party was aware of the defect in the product and the danger it posed and nonetheless voluntarily exposed themselves to it.
10.5. In any case, the Damaged Party must prove the defect, the damage, and the causal connection between the defect and the damage.
10.6. The Damaged Party may request compensation for damages caused by death or personal injury, or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and was primarily used by the Damaged Party.
Art. 11 Warranties and Assistance Methods
11.1. The Supplier is responsible for any defects in conformity that manifest within 2 years from the delivery of the goods (1 year for purchases with an invoice).
11.2. For the purposes of this contract, it is presumed that consumer goods are in conformity with the contract if, where relevant, the following circumstances coexist: a) they are fit for the usual use of goods of the same type; b) they conform to the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) they present the usual quality and performance of goods of the same type that the Consumer can reasonably expect, considering the nature of the goods and, where applicable, any public statements made by the Seller, the manufacturer, or their agent or representative regarding the specific characteristics of the goods, particularly in advertisements or labeling; d) they are also fit for the particular use desired by the Consumer, which was made known to the Seller at the time of the conclusion of the contract and which the Seller accepted, even implicitly.
11.3. The Buyer loses all rights if they do not report the conformity defect to the Seller within 1 month from the date the defect was discovered. Reporting is not required if the Seller has acknowledged the defect or concealed it.
11.4. In any case, unless proven otherwise, defects in conformity that appear within 6 months from the delivery of the goods are presumed to have existed at that date, unless such a presumption is incompatible with the nature of the goods or the nature of the conformity defect.
11.5. In case of a conformity defect, the Buyer may alternatively and at no cost, under the conditions set out below, request the repair or replacement of the purchased goods, a reduction in the purchase price, or the termination of this contract, unless the request is objectively impossible to fulfill or would be excessively burdensome for the Supplier under Article 130, paragraph 4 of the Consumer Code.
11.6. The request must be submitted in writing, via certified email to ashopping@pec.it, to the Supplier, who will indicate their availability to proceed with the request or the reasons preventing them from doing so, within 7 working days of receipt. In the same communication, if the Supplier has accepted the Buyer's request, they must indicate the shipping or return methods for the defective goods, as well as the expected time for returning or replacing the defective goods.
11.7. If the repair or replacement is impossible or excessively burdensome, or if the Supplier has not repaired or replaced the goods within the time frame specified above, or if the previous repair or replacement caused significant inconvenience to the Buyer, the Buyer may request, at their discretion, an appropriate reduction in price or termination of the contract. The Buyer must then submit their request to the Supplier, who will indicate their willingness to proceed with the request or the reasons preventing them from doing so, within 7 working days of receipt.
11.8. In the same communication, if the Supplier has accepted the Buyer's request, they must indicate the proposed price reduction or the return methods for the defective goods. In these cases, it is the Buyer's responsibility to specify how to refund the amounts previously paid to the Supplier.
Art. 12 Obligations of the Buyer
12.1. The Buyer agrees to pay the price of the purchased goods within the timeframes and methods specified in the contract.
12.2. The Buyer agrees, once the online purchase procedure is completed, to print and retain this contract.
12.3. The information contained in this contract has already been reviewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
Art. 13 Right of Withdrawal
13.1. The Buyer has the right to withdraw from the contract, without penalty and without specifying the reason, within 14 (fourteen) working days from the day of receipt of the purchased goods.
13.2. If the Buyer has not fulfilled the information obligations regarding the existence, methods, and timing of the return or collection of the goods in case of exercising the right of withdrawal under Article 52 of the Consumer Code, the term for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts from the day the goods are received by the Consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, they must notify the Seller via certified email at ashopping@pec.it. For the purposes of exercising the right of withdrawal, the communication may be validly replaced by the return of the purchased goods, provided it occurs within the same period. The delivery date at the postal office or to the courier will be used as evidence between the Parties.
13.4. The return of the goods must occur no later than 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and in normal condition.
13.5. The Buyer cannot exercise the right of withdrawal for contracts involving the purchase of sealed audiovisual products or software, which have been opened, as well as goods made to order or clearly customized, or those which, by their nature, cannot be returned or are at risk of rapid deterioration or alteration, for the supply of newspapers, periodicals, and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional cannot control and in any other case provided for by Article 55 of the Consumer Code.
13.6. The only expenses the Consumer will incur for exercising the right of withdrawal under this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to cover these costs.
13.7. The Supplier will provide a full refund of the amount paid by the Buyer within 30 (thirty) days from receiving the withdrawal notification.
13.8. Upon receiving the notification of the Buyer's exercise of the right of withdrawal, the Parties are released from their respective obligations under this contract, except as provided in the previous points of this article.
Art. 14 Causes of Termination
14.1. The obligations of the Buyer under point 12.1, as well as the guarantee of proper payment made by the Buyer through the means specified in point 5.1, and also the correct fulfillment of the obligations assumed by the Supplier under point 6, are of an essential nature, so that, by express agreement, the failure to comply with any of these obligations, unless caused by force majeure or unforeseen circumstances, will result in the automatic termination of the contract under Article 1456 of the Civil Code, without the need for judicial pronouncement.
Art. 15 Privacy Protection and Processing of the Buyer's Data
15.1. The Supplier protects the privacy of its customers and ensures that the processing of data is in accordance with the privacy laws as described on the page https://www.amotorbike.com/prodotti/it/content/6-privacy-cookies
Art. 16 Storage of the Contract
16.1. Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the Supplier's server/at the Supplier’s premises according to confidentiality and security criteria.
Art. 17 Communications and Complaints
17.1. Written communications addressed to the Supplier and any complaints will only be considered valid if sent via certified email to the following address: ashopping@pec.it. The Buyer must include in the email their residence or domicile, phone number, or email address to which the Supplier’s communications should be sent.
Art. 18 Dispute Resolution
18.1. All disputes arising from this contract shall be submitted to the Chamber of Commerce of Reggio Emilia and resolved according to the Conciliation Regulation adopted by the same.
18.2. Should the Parties intend to appeal to the ordinary judiciary, the competent court is the one located in the place of residence or elected domicile of the Consumer, as mandatory pursuant to Article 33, paragraph 2, letter u) of Legislative Decree 206/2005.
18.3. The supplier also provides access to the European Commission’s Platform for Online Dispute Resolution: https://webgate.ec.europa.eu/odr
18.4. Information regarding online dispute resolution in accordance with Article 14, Paragraph 1 of the ODR (Online Dispute Resolution Regulation): The European Commission offers consumers the possibility to resolve disputes online under Article 14, Paragraph 1 of the ODR (Online Dispute Resolution). The platform (https://ec.europa.eu/consumers/odr) serves as a place where consumers can attempt to reach out-of-court settlements for disputes arising from online purchases and service contracts.
Art. 19 Applicable Law and Referral
19.1. This contract is governed by Italian law.
19.2. In matters not expressly provided for here, the applicable laws concerning the relationships and circumstances covered by this contract apply, particularly Article 5 of the Rome Convention of 1980.
19.3. Pursuant to Article 60 of Legislative Decree 206/2005, the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are hereby expressly referred to.
Art. 20 Final Clause
This contract repeals and replaces any prior agreement, understanding, negotiation, whether written or oral, between the Parties concerning the subject matter of this contract. Information regarding online dispute resolution pursuant to Article 14, Paragraph 1 of the ODR (Online Dispute Resolution Regulation): The European Commission gives consumers the possibility to resolve disputes online under Article 14, Paragraph 1 of the ODR (Online Dispute Resolution). The platform (https://ec.europa.eu/consumers/odr) serves as a place where consumers can attempt to reach out-of-court settlements for disputes arising from online purchases and service contracts.