General Conditions of Sale

Motostorm srl (Motostorm), Largo Centro Studi 11, 47833 Morciano di Romagna, Motostorm.it invites users to read these General Conditions of Sale that regulate the purchase of products and the management of orders placed on the site www.motostorm.it.

• 1. Conclusion of the contract and delivery of products
• • 1.1 When the Customer makes a purchase order through the website www.motostorm.it, the related sales contract between the Customer and Motostorm srl will be administered according to these Terms and Conditions, and specifically according to the Terms of Purchase mentioned here below.
  • 1.2 By clicking on Confirm the customer makes a binding order relating to the items contained in the virtual shopping cart. Once the order has been transmitted, Motostorm will send an e-mail confirming the order to the e-mail address given during the registration process. The purchase contract is concluded between Motostorm and the customer when the latter receives the order confirmation.
    Orders in relation to which the customer has opted for prepayment will be shipped as soon as Motostorm srl will receive the total payment of the purchase price and any shipping costs. Therefore, Motostorm invites the customer to pay the price as soon as the order confirmation is received and in any case within the following 7 days.
  • 1.3 Where the products covered by the order are not available for reasons beyond Motostorm's conduct, the latter must promptly notify the customer. In this case, Motostorm will have no obligation to deliver the goods ordered, unless Motostorm assumes the risk of supply in relation to the products forming the order in question.
    In any case, if the ordered products are not available Motostorm will provide without any delay to the reimbursement, in favor of the customer, of any sum already paid.
  • 1.4 Motostorm assumes no responsibility for the need to search for and find non-available products from other sources. This provision also applies to orders relating to fungible goods (for which only the type and characteristics of the products are described). Motostorm is only obliged to deliver what is available in stock and what is ordered from its suppliers. The Motostorm warehouse also includes the warehouses of the respective Motostorm partners from which the products ordered by the customer come from. If the delivery time is expressed in working days, this means all those included between Monday and Friday inclusive, with the express exclusion of any holidays.
• 2. Prices, shipping costs and express delivery
• • 2.1 The customer is required to pay the price published on the product page when the order is sent. The indicated price is final and inclusive of VAT (if applicable).
  • 2.2 Shipping and return costs are visible on the following link https://www.motostorm.it/en/destinations.html
• 3. Payments
• • 3.1 Motostorm accepts various payment methods including, for indicative purposes: credit card, bank transfer, Paypal and cash on delivery (only in ITALY). Motostorm reserves the right to refuse certain payment methods and to request different payment methods for certain orders. In the case of payment by bank transfer, note that the customer is responsible for any costs associated with the transaction.
  • 3.2 In the case of a purchase made with a credit card, the charge is made when the order is registered.
  • 3.3 The buyer accepts to receive invoices and credits exclusively in electronic format.
• 4. Use of Discount Coupons
• • 4.1 Discount coupons may not be purchased, are offered by Motostorm as part of promotional campaigns and may be used for a limited period of validity (2 years). Discount Coupons can only be used once in relation to a single order. It is possible that for the purchase of some products the possibility of using discount coupons is excluded. Discount coupons cannot be used for gift coupons. The use of a discount voucher is subject to a minimum amount of 200 euros.
  • 4.2 The value of the products purchased must be at least 200 Euro. Discount coupons are not refundable in cash and the credit they represent does not accrue interest. The discount coupons will not be reimbursed if the buyer decides to return in part or completely the products ordered.
  • 4.3 Discount coupons can only be used if the order is finalized, cannot be used retroactively and cannot be transferred to third parties. It is possible to cumulate several coupons for the same order provided that every coupon can be used on a fraction of 200 euros of the order.
• 5. Use of Gift Vouchers
• • 5.1 Gift vouchers can be purchased, and can only be used for the purchase of Products on the www.motostorm.it website, but not for the purchase of additional gift vouchers. If the value of gift coupons is not sufficient to cover the value of the products ordered, the difference can be paid by any of the accepted payment methods.
• 6. Right of withdrawal for purchases on Motostorm.it
• • The customer has the right to withdraw from any order placed on www.motostorm.it, without giving any reason and with any declaration, provided explicit, delivered to Motostorm.
    If the customer intends to return the purchased products, he can use the return procedure on www.motostorm.it. If the customer finds problems in completing the return procedure or if he needs assistance, he can contact Customer Service (contacts at the bottom of the page). Please always perform the procedure provided on www.motostorm.it in order to avoid delays and unnecessary additional costs.
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    • 6.1 Information on the right of withdrawal (pursuant to Article 49, paragraph 1, letter (h) of Legislative Decree No. 206/2005 "Consumer Code") The customer has the right to withdraw from the contract, without stating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the customer or a third party other than the carrier and designated by the customer himself, acquires the physical possession of the last good ordered. In the case of a contract relating to multiple goods ordered by the customer in a single order and delivered separately, the 14-day term starts from the day on which the customer or a third party other than the carrier designated by the latter acquires the physical possession of the last good. To exercise the right of withdrawal, it is necessary to inform Motostorm srl ([email protected]) of the decision to withdraw from this contract through any explicit declaration to that effect (for example, with a letter sent by post, fax or e-mail ). To this end, it is sufficient to present any explicit declaration of the decision to withdraw from the contract.
      It is also possible to electronically fill in and send the standard form of withdrawal or any other explicit declaration to this effect through the motostorm.it website. In this case, Motostorm will transmit without delay a confirmation of receipt of the withdrawal on a durable medium (for example by email). The deadline set for withdrawal is considered respected if the customer sends his / her declaration before the expiration of 14 days from the day on which the customer or a third party, different from the carrier and designated by the customer, acquires the physical possession of the last good ordered. In the case of a contract relating to multiple goods ordered by the customer in a single order and delivered separately, the 14-day term starts from the day on which the customer or a third party other than the carrier designated by the latter acquires the physical possession of the last good.
    • 6.2 Effects of withdrawal
      Following termination of this contract, Motostorm will refund all payments made by the buyer, including delivery costs (with the exception of any additional costs resulting from the choice of a different type of delivery than the standard offered by Motostorm), without undue delay and in any case no later than 30 days from the day on which Motostorm is informed by the client of the decision to exercise the right of withdrawal. These refunds will be made using the same payment tool used by the customer during the purchase, unless otherwise stated. In any case, the customer will not incur any cost as a result of such reimbursement. The reimbursement may be suspended until the receipt, by Motostorm, of the products subject to the return or until the proof by the customer of the shipment of such goods, if prior.
      The customer is required to return or deliver the products without undue delay and in any case within 30 days from the day on which he announced his wish to withdraw from the contract of sale.
      The Products must be returned:
      
      • Properly packed in their original packaging, not ruined, damaged or soiled and fitted with all accessories, instructions for use and documentation;
      • With the document obtainable at the end of the return procedure, in order to allow Motostorm to identify the customer (order number, name, surname and address);
      • Without signs of use, if not those compatible with the carrying out of a normal test of the article (must not bear a trace of prolonged use or exceeding the time necessary for a test and must not be in a state that does not allow the resale).
      If the returned product does not comply with the provisions of the previous paragraph, the withdrawal will not be effective. The costs of returning the goods, for orders delivered in Italy, are borne by Motostorm provided that the customer uses the documents for the return provided by Motostorm and sends the goods from the country in which the delivery took place. If not, the cost of the refund will be at the customer's expense. The customer is responsible for any decrease in the value of the goods resulting from a manipulation of goods other than that necessary to establish the nature, characteristics and operation of the products themselves.
  • 7. Possibility to make the return up to 30 days from receipt of products
  • • 7.1 Without prejudice whatsoever for the right of withdrawal provided by law, Motostorm offers the possibility of making the products purchased up to 30 days from the receipt of the goods. This possibility allows the customer to terminate the period of 14 days provided for the withdrawal (see the previous item "Information regarding the right of withdrawal"), to dissolve the contract by returning the products ordered to Motostorm within 30 days to date from Receipt of the products themselves.
    • 7.2 For the return of products, the customer can use the return procedure to be completed online at www.motostorm.it. The customer can contact Customer Service in case of problems with the return procedure.
    • 7.3 The term shall be respected if the customer provides for the shipment of the goods before the expiry of the 30-day period. However, the possibility of prolonged return is only usable if the customer has tested/tried the products in the same manner and with the same care that he would have used in a physical store and always provided that the products are returned under the original conditions, intact, free of damage and in the original packaging. In any case, in the short term of 14 days from receipt of the products the provisions of Legislative Decree 206/2005 (Consumer Code) regarding the withdrawal are applied. The possibility of returning the products does not limit in any way the legal guarantee that is due to the customer without any reservation.
  • 8. Refunds
  Invoices will be issued in electronic and paper format.
  • 8.1 Refunds are credited directly to the account or payment method used at the time of purchase. For payments made by bank transfer, the reimbursement will be made to the account used for payment upon communication of the IBAN on which to make the refund by the customer. For payments made via PayPal or credit card, the refund will be made to your PayPal account or credit card. Only in Italy, for payments made by cash on delivery, the reimbursement will be made, alternately, on the current account that the customer indicates to Motostorm or by crediting the account of the customer.
  • 9. Customer Service. For any questions please contact our custumer service by phone or email.
  • 10. Warranty for defects and discrepancies of products and additional information.
  • • 10.1 Purchases made on Motostorm are subject to the rules of the Consumer Code on the subject of warranty for defects and discrepancies of theproducts. The customer will therefore be recognized the rights referred to in art. 130 of the Consumer Code and these rights must be exercised within the terms set forth in art. 132 of the Consumer Code.
    • 10.2 These General Conditions of Sale can be consulted on the website www.motostorm.it and can be saved using the corresponding browser command (usually, File -> Save as). You can also print the page using the browser command.
    • 10.3 You can store your order details and download the General Terms of Sale by using your browser command to save the order summary that appears on the last screen of the purchase process, i.e. waiting to receive the automatic Order Confirmation message that Motostorm sends via email following the completion of the order. This confirmation message includes the details of the order, and can easily be printed or saved using the functions provided by the email programs.
  • 11. Applicable Law
  • • 11.1 These General Conditions of Sale and Sale and Purchase contracts are governed by Italian law (and in particular by the Consumer Code - which, pursuant to Articles 46 to 67, regulates distance contracts - and by Legislative Decree 70 of 09/04/2003 in electronic commerce) and in the light of this must be interpreted.
    • 11.2 For any dispute that may arise in connection with the General Conditions of Sale and / or sale and purchase contracts, customers may activate a procedure for out-of-court dispute resolution in accordance with the requirements set forth in Articles. 141 and ss. of the Consumer Code.
    Last update: 20.09.2018