General conditions of sale

General conditions of sale

Art. 1 . Object

These General Conditions of Sale (hereinafter “G.C.V.”) concern the sale of products remotely via the internet on the website www.dainesecomo.com belonging to Smartech moto s.r.l. with registered office in Vertemate con Minoprio, Via Baroni 8, and shop in Cermenate, Via Montesordo27 / a and registered in the Como Register of Companies no. CO-261173 (R.E.A.), C.F. and VAT number 02451210138.

The G.C.V. will apply between the subjects of the contract which are:

Seller: Smartech moto s.r.l. as identified above;

Customer: the person identified by the data entered when completing and sending the order form electronically with simultaneous acceptance of these General Conditions (hereinafter referred to as: “Customer“).

It is forbidden, by the legislation on personal data, for the Customer to enter false and / or invented and / or fictional names in the online order procedure and in further communications. Smartech moto reserves the right to report any violation and abuse to the competent Authority, in the interest and for the protection of consumers and public faith.

Furthermore, the Customer relieves Smartech moto from any possible error deriving from the issue of incorrect tax documents due to incorrect or incomplete information relating to data provided by the customer, being the only responsible for the correct insertion.

These G.C.C. relate to the sale of the products displayed on the website of the company Smartech moto s.r.l. The selling company reserves the right to modify these GCs at any time. notifying the Customers with the publication on the Site.

Art. 2. Online sales

By online sales contract we mean the distance contract, that is the legal transaction having as object the sale of the “Products” stipulated between Smartech moto and the Customer in the context of a remote sales system organized by Smartech moto which, for this contract, it uses the “internet” and related technologies. These contracts, therefore, will be concluded directly through the access by the Customer to the website corresponding to the address www.dainesecomo.com, where, following the indicated procedures, he will conclude the contract for the purchase of the Product.

For each of the products, a Technical Data Sheet is available on the Site containing the main characteristics and technical specifications of the same, as described by the manufacturers and / or importers.

The images and descriptions are taken from the catalogs of importers and manufacturers, who can make changes during the production phase and report them with subsequent updates. Smartech moto is absolutely not responsible for these possible modifications.

It is understood that the image accompanying the Product Descriptive Technical Sheet may not be perfectly representative of its characteristics, but may differ in color, size, accessory products in the figure and may vary at any time without any prior notice by Smartech motorcycle by virtue of the modifications made by manufacturers and / or importers.

Art. 3. Prices.

The Customer can only purchase the Products offered on the site, at the price indicated therein in Euros, taxes and customs duties are not included (shipping costs do not include international taxes and customs duties) following the procedure indicated on the site itself. Correct receipt of the order is confirmed by the Company by an e-mail reply, sent to the e-mail address supplied by the Customer. This confirmation message will contain the date and time of execution of the order and a “Customer order number”, to be used in the event of any communication with Smartech moto. The message will contain all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections.

Without prejudice to the possibility for the Company, before sending the order confirmation, to request further information from the Customer via e-mail with reference to the purchase order made on the Site.

The list prices are subject to variations according to the determinations of the producers and / or importers. In this sense, Smartech moto will proceed to the indication of the new prices with the online update.

Any errors in the publication of prices do not imply the automatic acceptance of the order and the shipment of the goods by Smartech moto. In this case the credit card transaction will not be concluded and accepted and in case of cash on delivery or other form of payment, the customer will be asked to accept the amount to be paid.

At the explicit request of the Customer to Smartech moto, the same will issue any invoice for the material sent, sending it to the Customer. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.

Art. 4. Product availability.

In the event of unavailability of the ordered Products in stock, which occurred after the time the order was placed on the site by the Customer, Smartech moto will immediately notify the e-mail address indicated by the same. If the product is available from the supplier, Smartech moto will evaluate with the customer the new delivery times or whether to cancel the transaction. In the latter eventuality, any contractual or extra-contractual obligation on the part of Smartech moto for failure to conclude the contract is excluded.

Art. 5. Acceptance of the General Conditions of Sale.

The Customer, by sending his purchase order electronically, unconditionally accepts and undertakes to observe in his relations with Smartech moto, the GCS described in this document, declaring that he has read and accepted all the information to him. provided, also acknowledging that Smartech moto is not bound to different conditions unless previously agreed in writing.

Art. 6. Methods of payment.

The payment of the Products purchased by the Customer as well as the relative delivery costs can be made exclusively in the following ways:

• Credit card: In the case of purchases by credit card, at the same time as the online transaction is concluded, the reference bank will authorize only the commitment of the amount relating to the order placed. The amount relating to the Products purchased will be effectively charged to the Customer’s credit card only when the order is placed by Smartech moto. In case of exercise of the right of withdrawal by the Customer following the payment of the Products purchased online, Smartech moto will instruct the bank to credit the amount to be refunded on the Customer’s credit card. The Customer must be the holder of the valid credit card when ordering the Products purchased online. At no time during the purchase procedure is Smartech moto able to know the information relating to the customer’s credit card, transmitted via a secure connection directly to the site of the bank that manages the transaction. Smartech moto will not keep such data in any computer archive. Under no circumstances can Smartech moto be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment for Products purchased on the site.
• Bank transfer: in case of using this payment system, the Customer must make the transfer of the amount indicated in the transaction, including shipping costs, to the credit institution indicated in the order confirmation e-mail and before the execution of the contract with the shipment of the goods.
• Online postal order: in the hypothesis that the Customer uses this payment system, the same must communicate the code of the order by e-mail or fax in order to allow the liquidation by Poste Italiane Spa. Failure to communicate will not allow the conclusion of the transaction and the consequent shipment of the goods.
• Cash on delivery: in this case, the Customer will pay upon receipt of the goods by paying the carrier.
• Ordinary postal order: with the use of this payment system the goods will be sent only after the delivery by Poste Italiane spa of the money order. Only after collection will the goods be shipped.

Art. 7. Shipping.

The purchased products will be shipped by Smartech moto to the address indicated by the Customer. Each shipment is shipped to the customer with selected express couriers. Indicatively, without this entailing any constraint for Smartech moto and subject to the availability of the products as well as any causes of force majeure, the goods will be delivered to the courier, within seven working days following the acceptance of the order by Smartech moto. Orders will be processed only with fully available goods. Upon receipt of the goods at home, the customer must check the integrity of the packages. If it is ascertained the imperfect integrity, the customer must immediately notify the courier, expressly indicating in the delivery note that the goods are accepted with reserve. The insurance does not operate in the event that the customer has received the product without checking the packaging and without expressing reservations. In any case, the shipment constitutes delivery of the goods that from that moment are out of the seller’s availability.

Art. 8. Product warranty.

The products purchased on the website www.dainesecomo.com are subject to the discipline, as applicable, of Legislative Decree 2.2.2002 n. 24 (Official Gazette no. 57, 8.3.2002) on sales contracts and guarantees concerning consumer goods and, to the extent not contemplated therein, with the specific provisions on the subject by the Civil Code This guarantee will apply to products that present lack of conformity and / or malfunctions that cannot be found at the time of purchase, provided that the product itself is used correctly and with due diligence, that is, in compliance with its destination and as provided in any technical documentation. , in compliance with the various operating rules indicated therein. The aforementioned guarantee will not be applicable in case of negligence or carelessness in the use and maintenance of the product. Any non-conformity of the products must be reported within the terms established by law and communicated by e-mail, fax or registered letter. The product, even if not compliant, at the time of return to Smartech moto for repair or replacement must be complete with packaging and all accessories and documentation received from the customer at the time of purchase. The return of the product without the original packaging, the accessories and the above documentation prevents Smartech moto from replacing the product itself at the manufacturer and makes replacement impossible.

In any case, the return must be communicated and agreed with the Smartech moto which must be informed on the methods of return with the communication of the courier and any tracking number. The goods being returned travel at the Customer’s risk until they are delivered to Smartech moto.

Smartech moto reserves the right to verify the actual defects stated by the Customer and to carry out the repair or replacement only after this check. If, following verification by the manufacturer, the defect does not result in a lack of conformity, the Company reserves the right to charge the Customer the costs of verification and restoration as well as the related transport costs.

Art. 9. Right of withdrawal

Purchases made on the website www.dainesecomo.com are governed by the Italian law on mail order sales. In the event that the Customer has made a mistake in the order and has received an item that he did not want, he has 10 (ten) days from the delivery date to exercise the right of withdrawal, or the possibility of returning the product.

Ai sensi degli artt. 64 e segg. DLT 206/2005, il Cliente consumatore, cioè persona fisica che agisce per scopi estranei all’attività imprenditoriale, commerciale, artigianale o professionale eventualmente svolta, ha diritto a recedere dal contratto di acquisto per qualsiasi motivo e di conseguenza ha diritto di restituire il bene acquistato e di ottenere il rimborso della spesa sostenuta, nel rispetto delle modalità di seguito indicate.

The right of withdrawal is subject to the following conditions:

1. the law applies to the product in its entirety and not to parts or components of it;
2. in the case of prize operations or combined promotional sales, in which the purchase of an asset is associated with another asset that is sold at a ridiculously low price (or given away), the right of withdrawal will be legitimately exercised with the return of both goods subject to purchase (given the constraint of the accessibility of the goods in promotion with respect to the first).

To exercise the right of withdrawal, the Customer, without the need to provide explanations and without any penalty, must send within 10 (ten) working days from the day of receipt of the goods, a communication indicating the will to withdraw from the contract. This communication must be sent to the attention of Smartech moto by registered letter with return receipt with acknowledgment of receipt, addressed to Smartech moto s.r.l. Via Montesordo n. 27a, Cermenate. At the same time as sending the notice of withdrawal, the Customer must take action to return the goods to Smartech moto, using a courier of his choice, with a copy of the registered letter indicated above. The goods must be returned intact and carefully packed in the original packaging, complete with all accessories. By law, the shipping costs for returning the goods are charged to the customer. In the case of several goods relating to the same order, in relation to which the Customer has exercised the right of withdrawal, the same must be sent to Smartech moto with a single shipment.

Smartech moto is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments. Smartech moto will refund the price of the goods for which the customer has exercised the right of withdrawal provided that the goods are intact and not used.

Without prejudice to any damage repair costs, Smartech moto will refund the full amount paid by the Customer at the time of purchase of the asset, within 30 days from the date on which Smartech moto became aware of the exercise of the right. of withdrawal, provided that in the meantime the goods have been sent in the manner indicated above, by crediting the amount to be refunded on the Customer’s credit card.

The right of withdrawal automatically lapses in cases where it is ascertained:

1. the lack of original packaging and / or packaging;
2. the absence of all the integral elements of the asset (accessories, tags, labels, information notes etc.);
3. damage to the product for reasons other than its transport;
4. use of the product;

In case of forfeiture of the right of withdrawal, Smartech moto will return the purchased goods already in its possession to the sender, charging the shipping costs to the sender.

Smartech moto informs that the right of withdrawal cannot be applied to goods expressly modified at the request of the customer, made to order, not normally kept in stock by Smartech moto. These goods ARE NOT SUBJECT TO THE RIGHT OF WITHDRAWAL, as they are produced on the express specific personal needs of the Customer.

Art. 10. Information and complaints.

Any clarification, information on assistance services or any complaint may be requested or advanced to Smartech moto at its registered office as indicated above and by e-mail to the following addresses: info@dainesecomo.com. The information contained in the G.C.C. and on the site for the individual products are communicated in their entirety through these conditions and through the forms pursuant to and for the purposes of Articles 52 and 53 DLT 206/2005.