General Terms and Conditions of Sale
General Provisions
These conditions are valid exclusively between the company Motorsport Maranello Store SRL with operational headquarters in Maranello (MO), Via Dino Ferrari 61, Fiscal Code and P.IVA IT04208981201, hereinafter referred to as the “SELLER” and any natural person (consumer) who, acting for purposes unrelated to any entrepreneurial, commercial, artisan or professional activity carried out, makes online purchases on the websites store.motorsportitalia.it (Italian language version) and store.motorsportmaranello.com (English language version) hereinafter referred to as the “CUSTOMER”. These conditions may be subject to change, and the date they are posted on the site is equivalent to the effective date.
Subject of the contract
By these general conditions of sale, the SELLER sells and the CUSTOMER purchases at a distance the tangible goods indicated and offered for sale on store.motorsportitalia.it and store.motorsportmaranello.com. The contract is concluded exclusively through the Internet, by means of the CUSTOMER accessing store.motorsportitalia.it and store.motorsportmaranello.com and placing a purchase order in accordance with the procedure provided by the website itself.
The customer undertakes to read, before confirming his order, these general conditions of sale, in particular the pre-contractual information provided by the SELLER.
Pre-contractual information for the consumer
The CUSTOMER, prior to the conclusion of the purchase contract, takes a look at the characteristics of the goods, which are explained in the individual product sheets at the time of selection by the CUSTOMER.
Prior to the conclusion of the purchase contract and before the validation of the order with “obligation to pay”, the CUSTOMER is informed regarding:
– total price of the goods including taxes, with details of shipping and any other costs;
– method of payment;
– the term within which the SELLER undertakes to deliver the goods;
The CUSTOMER may at any time and in any case prior to the conclusion of the contract, become acquainted with the information regarding the Company which is also set out below
Motorsport Maranello Store S.R.L. P.iva IT04208981201 registered office: Via Porrettana 573 – 40037 Sasso Marconi (BO) REA: BO-576741 Cap. Sociale 10.000€ i.v.
mail: store@motorsportitalia.it
Conclusion and effectiveness of the contract
The contract of sale is considered concluded with the sending by our written confirmation to the CUSTOMER by an e-mail confirming the order in all its parts. The e-mail contains the CUSTOMER’s information and order number, the price of the goods purchased, the shipping charges, and the delivery address to which the goods will be sent.
The CUSTOMER agrees to verify the correctness of the personal data contained therein and promptly notify any corrections by email to store@motorsportitalia.it.
Motorsport Shop strives to describe and present the items sold on the site in the best way possible. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may show up. In addition, photographs of products presented on store.motorsportitalia.it and store.motorsportmaranello.com and do not constitute a contractual element, as they are only representative.
Product availability
The availability of products is considered confirmed following the order confirmation sent by us. However, no charge will be made until that time. However, this availability should be considered purely indicative because, as a result of the simultaneous presence on the site of several users, products may be sold to other CUSTOMERS before the confirmation of the order.
Even after the order confirmation e-mail sent, there may be cases of partial or total unavailability of goods. In case of total or partial unavailability of products, CUSTOMER will be promptly informed by e-mail.
Methods of payment
Any payment by the CUSTOMER may be made by means of the credit cards indicated on store.motorsportitalia.it and e store.motorsportmaranello.com, by bank transfer, or by Paypal payment method, any other forms of payment must be agreed upon.
In case of payment by credit card or paypal, the actual charge of the order amount will only occur when the order is confirmed and/or ready for shipment. In the case of payment by bank transfer the amount due must be transferred within 5 working days, after which time the order shall be deemed cancelled.
Communications about the payment and the data communicated by the CUSTOMER at the time it is made take place on special secure lines.
Prices
All sales prices of products shown on store.motorsportitalia.it and e store.motorsportmaranello.com are in Euros including VAT for purchases in the European community. Instead, VAT-free prices are displayed for purchases with non-European shipping.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made.
Right of withdrawal
In accordance with current legal provisions, Pursuant to Art. 5 paragraph 3 D. Lgs. 185/99, the right of withdrawal does not apply to customized goods. For non-personalized products, the CUSTOMER has the right to withdraw from the purchase within 14 days from the date of receipt of the products. The CUSTOMER will have to bear the cost of returning the goods in the event of withdrawal, which goods must be returned without any alteration or damage, conditions that will result in the missing and/or altered/damaged quantity being charged.
The CUSTOMER who intends to exercise the right of withdrawal must notify Motorsport Maranello Store SRL by means of an explicit declaration, which may be sent by registered mail with return receipt.
In any case, the delivery dates given in the confirmations received are approximate. Should the goods be delivered after the specified dates, the latter shall not be subject to dispute, claim, or cancellation of the order unless the goods are not customized.
The goods must be returned undamaged, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, Race Art 27 SRL will refund the amount of the products subject to withdrawal within a maximum period of 14 days.
The CUSTOMER who intends to exercise its right of withdrawal, must provide Motorsport Maranello Store Srl by e-mail to store@motorsportitalia.it, the bank details: IBAN, SWIFT and BIC necessary to make the refund.
As for the modification or cancellation of the order, it may take place, with regard to non-personalized goods, before shipment. This change must be confirmed following confirmation of the actual availability of the products. With regard to custom merchandise, the order can in no way be changed or cancelled following the approval of the graphic draft, as required by the inherent legislation. You can still contact our customer care to see if such a change is feasible.
Mode of delivery
Motorsport Maranello Store SRL will only accept orders to be delivered within the territory of Italy and the European Union. Products will be delivered by express courier to the address provided by CUSTOMER.
For every order placed on store.motorsportitalia.co.uk and and store.motorsportmaranello.com, Motorsport Maranello Store SRL will issue an invoice for the goods shipped. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice is issued, it will not be possible to make any changes to the data indicated in the invoice. As for transportation, it is entrusted to leading third-party couriers; however, any delays in transportation are beyond our control. In such cases, however, we will promptly take action to resolve any misunderstandings.
Customized merchandise
Customized goods will be printed and/or processed according to the data and information provided by the CUSTOMER. Motorsport Maranello Store SRL assumes no responsibility in case of sending incorrect or incomplete data by the CUSTOMER. Motorsport Maranello Store SRL is also not responsible regarding the legitimacy of images, logos or any content of the material provided by the CUSTOMER. For each custom order Motorsport Maranello Store SRL sends, via e-mail, the drafts relating to the goods that the CUSTOMER is required to scrupulously check, so following approval and acceptance by the CUSTOMER, in no case, Motorsport Maranello Store SRL can be held responsible for any errors in copying, transcription or reconstruction of logos or drawings. Motorsport Shop is not obliged to return or deliver the material, pictures provided by the CUSTOMER or equipment of any kind specially produced for it. Motorsport Maranello Store SRL protects the confidentiality of the graphics created and sent by the CUSTOMER, and limits their use to the purposes requested by the CUSTOMER only.
Responsibility for use of logos, images, copyrighted content
For the subject matter covered by copyright, the customer declares under his or her own responsibility that he or she has permission to use it having requested and received permission from the rightful owner of such rights. The customer, therefore, releases the seller from any liability should the right holder approach Motorsport Shop for copyright infringement and agrees to hold the seller harmless from any claims.
Applicable Law and Jurisdiction
These Terms and Conditions are subject to Italian law.
Any dispute that is not amicably settled shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
Protection of personal data
Personal data are collected and processed on paper and/or computer, with the purpose of registering the customer and activating in his regard the procedures for the execution of this contract and the necessary communications; these data are processed in compliance with the laws in force and may be produced only upon express request of the judicial authority or other authorities authorized for this purpose by law. Personal data will be communicated to persons delegated to carry out the activities necessary for the execution of the concluded contract and disseminated exclusively within the scope of this purpose. Disclosure of personal data is mandatory in order to process the order, partial disclosure of data will not allow the execution of the order.
Attention to the security and confidentiality of customer data is a priority for Motorsport Maranello Store SRL, information about the person, company/company, orders and purchases made is strictly confidential and Motorsport Shop undertakes not to disseminate or sell the information in its possession to outside companies for promotional purposes.