Terms
Identification of the Supplier The goods covered by these general conditions are offered for sale by Malossi S.p.A. with registered office in Calderara di Reno, via Roma 118/I, enrolled in the Bologna Register of Companies and Tax Code no. 03333070377 VAT registration no. 00612981209, email it[at]malossistore.com hereinafter also referred to as “Supplier”.
1. Definitions
1.1. The expression “online sales contract” shall mean the purchase and sale contract relating to the Supplier's tangible movable property, entered into between the Supplier and the Applicant within the framework of a remote sales system using telematic tools, organized by the Supplier.
1.2. The expression “Applicant” means the consumer natural person intending to make the purchase, referred to in this contract, for purposes not related to any commercial or professional activity.
1.3. The expression “Supplier” shall mean the person named in the epigraph or the person providing the supply services.
2. Subject matter of the contract
2.1. By this contract, respectively, the Supplier sells and the Applicant purchases at a distance through telematic means the tangible movable goods indicated and offered for sale on the website malossistore.com .
2.2. The products referred to in the preceding paragraph are illustrated on the web page malossistore.com/[language]/[country]/products/[product code] (example malossistore.com/en/en/51_7075-P
3. Method of conclusion of the contract
3.1 The contract between the Supplier and the Applicant is concluded exclusively through the Internet network by means of the Applicant's access to the address www.malossistore.com, where, following the indicated procedures, the Applicant will arrive to formalize the proposal for the purchase of the goods referred to in point 1 of the previous article.
4. Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by the exact completion of the application form and the consent to the purchase manifested through the accession sent online, always after viewing a web page summary of the order. The summary, which can be printed, will show the details of the Applicant and the order, the price of the goods purchased, the shipping costs and any additional charges, the method and terms of payment, the address where the goods will be delivered and the existence of the right of withdrawal.
4.2. The contract shall not be considered perfected and effective between the parties in the absence of the provisions of the preceding paragraph.
5. Method of Payment and Refund
5.1. Any payment by the Applicant may be made only by one of the methods indicated on the appropriate web page by the Supplier and in the printable information summary referred to in Section 4.1.
5.2. Any reimbursement to the Applicant will be credited by one of the methods proposed by the Supplier and chosen by the Applicant, in a timely manner and, in the case of the exercise of the right of withdrawal, as governed by clause 13, point 2 et seq. of this contract, at the latest within 14 days from the date of receipt, at the Supplier's premises, of the returned goods.
5.3. All communications regarding payments shall take place exclusively on the systems of the banking institution or Pay Pal without the “Supplier” being aware of the payment data.
6. Time and manner of delivery
6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the Applicant or indicated on the website at the time of the offer of the good, as confirmed in the printable information summary referred to in section 4.1.
6.2. Shipping times may vary from a minimum of 3 to a maximum of 14 working days from the confirmation of the same. In the event that the Supplier is unable to ship within said time frame, timely notice will be given to the Applicant by e-mail.
6.3. Shipping methods, times and costs are clearly indicated and well highlighted on the SHIPPING page, as well as in the printable information summary referred to in Section 4.1.
7. Prices
7.1. All sales prices of the products displayed and indicated within the malossistore.com website, are expressed in euros and constitute an offer to the public.
7.2. The sale prices, referred to in the previous point, are inclusive of VAT, if due, and any other tax.
7.3 Shipping costs and any ancillary charges, if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure prior to the submission of the order by the Applicant as well as in the printable information summary referred to in Section 4.1.
7.4 All information regarding the products, as well as prices, can be found in the description sheet corresponding to each product. In addition, the essential characteristics of the good and the price the Applicant pays, referred to as the “total price,” are shown in the printable information summary referred to in 4.1. above.
8. Availability of Goods 8.1. The Supplier shall ensure through the computer system used the processing and fulfillment of orders without delay within the limit set forth in item 6.2.8.2. The Supplier's computer system confirms in the shortest possible time that the order has been registered by forwarding the user a confirmation by e-mail.
9. Limitations of Liability
9.1. The Supplier assumes no liability for inefficiencies attributable to force majeure, in the event it fails to execute the order within the time stipulated in the contract.
9.2. The Supplier shall not be liable to the Applicant, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet network beyond its control or that of its sub-suppliers.
9.3. The Supplier shall also not be liable in respect of damages, losses and costs suffered by the Applicant as a result of the non-performance of the contract due to causes not attributable to it, the Applicant being entitled only to a full refund of the price paid.
9.4. The Supplier assumes no liability for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment.
9.5. In no event shall the Applicant be held liable for delays or mishaps in payment if it proves that it has made the payment itself in the time and manner specified by the Supplier.
10. Liability for Defect, Proof of Damage, and Compensable Damages: the Supplier's Obligations
10.1. The claim of damage by the Claimant must be made in writing and must indicate the product that caused the damage and the date of purchase.
10.2. The Supplier shall not be held liable for the consequences resulting from a defective product if the defect is due to the conformity of the product, a mandatory legal norm or a binding measure, or if the state of scientific and technical knowledge at the time when the manufacturer put the product into circulation did not yet allow to consider the product as defective.
10.3. No compensation shall be due if the Claimant was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it.
10.4. In all cases, the Claimant shall prove the defect, the damage, and the causal connection between defect and damage. He shall also have to keep the product available to the Supplier for possible viewing.
11. Use/destination of the product
11.1 The Supplier disclaims all liability arising from the improper use of the products.
11.2 Like all products intended for racing, Malossi products must be considered differently from products intended for road use and may not be subject to the laws and road codes of the different nations in which they are sold.
12. Warranties and Methods of Service
12.1 The Supplier shall be liable for any lack of conformity that becomes apparent within two years from the date of delivery of the product.
12.2 Should the warranty be acknowledged, only the defective part will be replaced and will be retained by the Supplier.
12.3 If, on the other hand, the warranty is not recognized, the product will in any case be sent back to the address indicated by the Applicant.
12.4 If the product sold by the Supplier should present malfunctions, provided that it has:- been assembled scrupulously following the assembly instructions;- undergone a correct run-in on a vehicle in good condition;- not associated with products other than original or Malossi products; the Applicant should consult the website www.malossistore.com, where he will find precise technical information by viewing the specific tables. If this is not sufficient, he, together with his mechanic, may set out the problem in detail by filling out the appropriate contact form.
12.5 If, following one or more interviews, it proves necessary to send the product that is the subject of the problem to the Supplier's premises so that it can be subjected to a technical verification, the Applicant will take care of the shipment detailing the reasons for the return. In the event that the defect is confirmed, the defective part will be replaced and all shipping costs will be borne by the Supplier.It is possible to contact the Supplier to communicate a reason for return by filling out the specific form on the website (link)
13. Obligations of the Applicant 13.1. The Applicant agrees to pay the price of the purchased property in the time and manner specified in the contract. 13.2. The Applicant undertakes, upon completion of the online purchase procedure, to arrange for the printing and storage of this contract. 13.3. The information contained in this contract has, moreover, already been viewed and accepted by the Applicant, who acknowledges this, as this step is made mandatory prior to the confirmation of purchase.
14. Right of Withdrawal 14.1. The Applicant shall, in any case, have the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 ( fourteen) days, starting from the day of receipt of the purchased goods. 14.2. In the event that the Applicant decides to avail himself of the right of withdrawal, he must give notice to the seller by registered letter with return receipt to the address Malossi S.p.A Via Roma 118/I 40012 Calderara di Reno or by filling in the specific form, provided that such communications are confirmed by sending registered letter with return receipt to the address Malossi S. p.A Via Roma 118/I 40012 Calderara di Reno within the following 48 (forty-eight) hours 14.3. In any case, the goods must be returned within 30 (thirty) days from the date of receipt of the goods themselves. In any case, to be entitled to a full refund of the price paid, the good must be returned intact and, in any case, in normal state of preservation. 14.4. The Applicant may not exercise this right of withdrawal for contracts for the purchase of sealed audiovisual products or computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly and in any other case provided for in the consumer protection legislation. 14.5. The only costs payable by the consumer for the exercise of the right of withdrawal under this Article shall be the direct costs of returning the goods to the Supplier. 14.6. The Supplier shall reimburse the price of the good within the period of within 14 days from the date of receipt, at the premises of the Supplier itself, of the returned goods14.7. With the receipt of the notice by which the Applicant communicates the exercise of the right of withdrawal, the parties to this contract are dissolved from their mutual obligations, without prejudice to the provisions of the preceding points of this Article.
15. Privacy Protection - Arrangements for archiving the contract 15.1 Pursuant to the regulations on electronic contracting, the “Supplier” informs the “Applicant” that its orders and personal data will be stored in digital form on the Internet server and at the premises of the “Supplier” itself, in accordance with the confidentiality and security criteria of the privacy regulations in force.
15.2 Personal data disclosed to the “Supplier” (e.g. name, contact details of the “Applicant”) will be used only for the purpose of correspondence with the “Applicant” and only for the purpose for which they were disclosed by the “Applicant”. The data will be disclosed to the company contracted for shipment, as it is necessary for delivery to the “Applicant.” For payment processing, the data concerning payment will be disclosed to the appointed credit institution. We assure that the data of the “Applicant” will not be disclosed to other third parties, unless otherwise obligated by law or expressly consented to by the “Applicant.”
16. Causes of termination 16.1. The obligations referred to in item 13.1 assumed by the Applicant, as well as the guarantee of the proper performance of the payment that the Applicant makes by the means referred to in item 5.1, and also the exact performance of the obligations assumed by the Supplier in item 6, have an essential character, so that by express agreement, the non-performance of only one of said obligations, where not determined by fortuitous event or force majeure, will result in the legal termination of the contract without the need for judicial pronouncement.
17. Communications and Complaints 17.1. Written communications directed to the Supplier and any complaints shall be considered valid even if they are sent through the appropriate contact form.17.2. The “Applicant” shall indicate in the registration form his/her residence or domicile, telephone number or e-mail address to which he/she wishes communications from the Supplier to be sent.
18. Settlement of Disputes 18.1 For all disputes arising out of or in connection with this contract, including those relating to its interpretation, validity, effectiveness, execution and termination, the mandatory territorial jurisdiction is of the court of the place of residence or domicile of the “ Applicant ” if located in the territory of the State.
Online dispute resolution for consumers
The “ Applicant ” residing in Europe declares that he/she is duly informed that the European Commission has established an online platform that provides an alternative dispute resolution tool to extrajudicially resolve, in a fair and inexpensive manner, any dispute relating to and/or arising out of contracts for the sale of goods and services concluded online. Accordingly, if you are a European consumer, you can use such platform for the resolution of any dispute arising from the online contract concluded with the Provider. The platform is available at the following link.The Supplier is available to answer any questions forwarded by email to the email address published in this document in the section “Identification of the Supplier ”.
19. Applicable Law and Referral - Final Clause 19.1. This contract is governed by Italian law; for anything not expressly provided for, the rules of the Civil Code and the Consumer Code shall apply. 19.2 This contract abrogates and supersedes any agreement, understanding, negotiation, written or oral, previously made between the parties and concerning the subject matter of this contract.