General Terms and Conditions of Sale
Introduction
SPS di Sitran Alessio produces parts and accessories - hereinafter also referred to as "products" - for "racing" use for motorcycles and exclusively for use on the track; therefore, the parts and accessories for motorcycles are not approved for road use and require assembly by qualified and specialized technical personnel. All the products offered comply with a high quality standard aimed at obtaining maximum durability and reliability; nevertheless, since these are products for "racing" use and application, installed on motorcycles intended for competitions, SPS di Sitran Alessio does not guarantee compliance with any specific characteristic other than that indicated on the site. All liability is declined for anything not observed above.
1. Scope of application
1.1 The general terms and conditions of sale apply to all sales made by the Seller on the site www.spsfactory.it or via electronic channels/social/direct contact if and as provided.
1.2 Unless otherwise agreed in writing, the application of other terms and conditions is excluded.
2. Orders and execution of the contract
2.1 The conclusion of the contract is perfected with the acceptance by SPS di Sitran Alessio of one or more orders placed on the website www.spsfactory.it or via telematic channels/social/direct contact if and as provided; the order is considered confirmed when, in addition to the desire to purchase the products on the website, the personal data and address are provided by the purchasing customer.
2.2 Through the order, the customer declares to have read, understood and accepted the general terms and conditions of sale.
2.3 Any changes to the contract proposed by the buyer will result in a modification of the same only if accepted in writing by SPS di Sitran Alessio and otherwise they will be considered as not affixed and the contract is considered perfected in its original form.
2.4 In the case of acceptance of an order that is no longer in production, SPS di Sitran Alessio undertakes to supply an article similar in terms of characteristics, quality, price; only after reaching an agreement between the parties, the order will be accepted.
2.5 If it is possible to restock the product, the Seller reserves the right to promptly notify the buyer, who will have the right to complete or not complete the purchase.
2.6 The sales contract is concluded when SPS di Sitran Alessio accepts the order.
3. Prices
3.1 The prices that appear on the website www.spsfactory.it are to be understood as VAT included.
3.2 At any time, SPS di Sitran Alessio reserves the right to change the prices and other conditions, except for contracts already concluded.
3.3 All prices include packaging costs and do not include transport and shipping costs, which remain the responsibility of the buyer. Transport and shipping costs will preferably be entrusted to UPS and BRT couriers. If applicable, an additional cost is applied to each order depending on the payment method. SPS di Sitran Alessio reserves the right to charge the customer for any change in taxes and/or expenses incurred in the meantime.
4. Orders
4.1 Orders placed on the site and accepted by SPS di Sitran Alessio are delivered to the address indicated by the buyer generally within 1-3 working days from the courier taking charge.
4.2 In the event of a delay in delivery, SPS di Sitran Alessio will inform the buyer within three weeks of accepting the order; the buyer has the right to cancel the order within seven days of receiving notification of the delay. In the event of payment via PayPal, any refund will be made net of the commissions applied for the commercial transaction.
4.3 In the event of multiple orders placed by the same buyer, SPS di Sitran Alessio reserves the right to deliver the product/s ordered in multiple phases.
4.4 In the event that the buyer receives the product and for some reason it is not to his liking, the product must be returned, at his own expense, within 14 days of receipt to SPS di Sitran Alessio, which will refund the price. In the event of payment via PayPal, any refund will be made net of the commissions applied for the commercial transaction.
4.5 The product must be returned in its original packaging, wrapped and without damage, accompanied by the invoice/receipt and the order number in question. The shipping costs for returning the products are the responsibility of the buyer.
4.6 In the event that the buyer receives the product that does not correspond to the order placed, he must notify SPS di Sitran Alessio within seven days of receipt, which will replace it and in which case the new delivery costs will be borne by the seller.
5. Payment
5.1 Advance payment is made online via bank transfer, indicated upon completion of the order placed on the seller's website or via PayPal. If, for any reason, the agreement is not finalized, and SPS di Sitran Alessio were to return, for any reason, the payment for the goods ordered, the same reserves the right to retain any commissions requested for the electronic transaction. The seller reserves the right to refuse payment made with methods other than those indicated in point 5.1 unless it has expressly authorized the customer to proceed with other agreed payment methods.
5.2 In any case, the order will be shipped only after advance payment; until the material is paid, it remains the property of the seller.
5.3 Ownership of the goods is transferred upon delivery of the same to the buyer. In the event of deferred payments, the delivered goods remain the property of the seller until full payment of the price.
6. Refund
6.1 If the goods are returned in the manner provided for in point 4.4, SPS di Sitran Alessio will refund the customer the amount paid, without any penalty or charge, other than as provided for in point 5.1.
6.2. The refund is made within 10 working days from the moment the seller receives the returned product from the customer and is made with the same payment method chosen by the customer at the time of purchase (bank transfer, PayPal).
7. Right of withdrawal
7.1 The right of withdrawal does not apply to buyers who purchase products made to measure or personalized.
7.2 Buyers who do not purchase the products for business or professional purposes and who do not request customized or personalized products have the right to withdraw within 14 days of delivery/receipt of the product. The items must be returned in their original packaging, correctly packaged and without damage, accompanied by the invoice/receipt and the order number in question. Shipping costs for returning products are the responsibility of the buyer.
7.3 SPS di Sitran Alessio undertakes to refund the customer the entire amount paid, without any penalty or charge. In the case of payment via PayPal, any refund will be made net of the commissions applied for the commercial transaction. The refund is made within 10 working days from the moment SPS di Sitran Alessio receives the product returned by the customer. The refund will be made using the same payment method chosen by the customer at the time of purchase (bank transfer, PayPal)
/.4 The buyer holding a VAT number who orders the product cannot exercise the right of withdrawal, except to request the guarantee (see point 8). The right of withdrawal applies only to consumers who purchase the products for private purposes (a consumer is defined as someone who purchases outside the scope of their business and does not benefit from the purchase by deducting VAT).
7.5 After the 14-day period provided for in point 7.2, the purchase is deemed to be accepted by the customer.
8. Warranty
8.1 SPS di Sitran Alessio guarantees the quality of its products for 24 months from delivery of the same.
8.2 The Seller is liable to the consumer for any lack of conformity of the product that occurs within two years of delivery.
8.3 The buyer (consumer) can request the warranty within two months from the day on which he/she detected the deficiency and in any case within two years of delivery of the product.
8.4 For buyers with a VAT number who purchase the products for business or professional use, the deadline for notifying the deficiency to SPS di Sitran Alessio is 14 days from when it occurred and in any case within two years of delivery of the product.
8.5 In any case, the buyer (consumer or professional) must send the description of the defect found, as well as a copy of the invoice/sales receipt.
8.6 SPS di Sitran Alessio reserves the right to evaluate the product returned by the customer, after which it decides whether the buyer is entitled to a free replacement or free repair of the product, except when such fulfillment proves impossible or disproportionate. However, if replacement is necessary and the product is no longer available on the price list, SPS di Sitran Alessio undertakes to supply a similar or better product in terms of technical characteristics if the same is available on the price list at 50% of the purchase price or, at the buyer's choice, to refund 50% of the purchase price paid.
8.7 The warranty does not apply if the defect was caused on purpose, through negligence, by natural disasters and in any case by improper use.
8.8 In any case, the liability of SPS di Sitran Alessio is limited to the amount paid by the customer with the invoice/receipt.
9. Limitation of the warranty
9.1 SPS di Sitran Alessio is not responsible for any damage directly or indirectly caused to people, animals or things resulting from improper use and maintenance of the products sold. The warranty does not apply for negligence and fault in the incorrect use and installation of the products even if the use and installation do not comply with the warnings reported together with the product supplied.
9.2 The warranty is also excluded, in addition to cases of improper use, in cases of atmospheric phenomena, lightning, hail, floods, in cases of adaptation and/or modification of the product and in any case if the assembly of the product is not carried out by qualified and specialized technical personnel as the products in the price list are for "racing" use, as indicated in the introduction.
9.3 Any warranty on the product for incorrect assembly, use, as well as for normal deterioration and/or wear during use is excluded.
10. Privacy
10.1 The Seller stores the customer's personal information on its database in order to process orders and for internal marketing purposes; the personal data of customers are processed for the purposes in question.
11. Information
11.1 The general terms and conditions of the contract are understood to be read and expressly accepted by the customer at the time of ordering.
11.2 The buyer is aware that on the SPS di Sitran Alessio website he can access the following information: registered office, seller contacts, products in the price list, technical characteristics and relative price, the period of validity of the offer if applicable, delivery and payment methods and costs.
11.3 It is possible to request information, send communications or forward complaints by contacting the contacts on the Seller's website.
12. Disputes
12.1 The general terms and conditions of sale are governed by Italian law.
12.2 In the event of disputes between the Seller and the buyer, the parties undertake to find a mutually agreed solution.
12.3 If it is not possible to reach an amicable settlement of the dispute, any dispute inherent to or arising from the general terms and conditions of sale shall be subject exclusively to the jurisdiction of the court of Vicenza, Italy.
