Art. 1. Object of contract.
These Conditions of Sale ( "S.C.") are applied to products sold on-line on the site www.motorama.it belonging to "Motorama di Senesi G. and C. s.a.s." with office in Florence, Via Mannelli n. 79, entered in the Register of Companies Florence n. 225623 (R.E.A.), C.F. and VAT 00437660483. The "S.C." will apply between the parties of the contract are:
Seller: Motorama di Senesi G. and C. s.a.s. identified as above (referred to as "Motorama" or "Company");
Customer: the person identified by data entered at the time of compiling and sending the order form on the web-site with simultaneous acceptance of these Terms (hereinafter referred to as "Customer").
It is prohibited, by legislation on personal data, to the customer to insert false names, and / or maked up, in the order on-line and in any further communications. Motorama reserves to itself the right to denounce, to the competent authority, any violation or abuse, in the common interest and protection of consumers.
The customer furthermore releases Motorama from any error arising from the issue of tax documents incorrect because of wrong information or not complete the data supplied by the customer, being the same solely responsible for the proper insertion.
These "S.C." adhere to the sale of products displayed on the company's website Motorama sas. The company sells the product reserves the right to change at any time these "S.C." giving notice to customers with the publication on the Site.
Art. 2. Sales online.
For "on-line sale’s contract" means the distance contract and that is the legal transaction concerning the sale of "Products" signed between Motorama and the customer under a system of distance selling organized by Motorama that for this contract, use "internet" and related technologies. These contracts, therefore, be concluded directly through access by the customer at the corresponding Web site at www.motorama.it, where, following the set procedures, will award the contract for the purchase of the Product.
For each of the products is available on a website Technical containing the main features and specifications of the same techniques, as described by the producers and / or importers.
Images and descriptions are drawn from the catalogues of importers and producers, which in production can make changes and alert with subsequent updates. Motorama is in no way responsible for these possible changes.
It is understood that the picture accompanying the Technical data sheet of the Product may not be fully representative of its characteristics, but differ in color, size, accessory products present in the picture and can change at any time without any prior notice by Motorama in virtue of modifications made by producers and / or importers.
The customer can buy only the products offering on the site, at the price specified therein, following the procedure indicated on the same site. The correct order is confirmed receipt by the Company through an answer by e-mail sent to the email address supplied by the customer. This confirmation message back date and time of execution of the order and a " Customer’s number order ", for use in case of any communication with Motorama. The message will report all data entered by the customer who undertake to verify the correctness and to communicate promptly any corrections.
The Company has the right, before sending confirmation of the order, to request to the customer, by e-mail, additional information with reference to the purchase made on site.
Art. 3. Prices.
All the prices indicated must be considered in Euro, taxation and customs duties not included (shipping charges do not include international taxes or duties). Prices may change in any moment without notice, and only the price indicated at the moment of confirmation of the order by Motorama will be considered the correct price.
The price’s list is subject to change according to the determinations of producers and / or importers. In this sense, Motorama will proceed in indicating the new prices with the update online.
Any eventual errors in the publication of prices do not imply the automatic acceptance of the order and the shipment of the goods by Motorama. In such a case the transaction with a credit card will not be completed and accepted, and in case of other form of payment the customer will be asked to accept the amount to be paid.
On the explicit request of the Client to Motorama, the same Motorama will issue invoice for the material sent to the customer. For the invoice Motorama will use the information supplied by the customer with the order. After the issue of invoice, it will not be possible any changes to the data indicated in the same.
Art. 4. Availability products.
In the case of unavailability on stock of the products ordered, occurred after the time of the order on the site, Motorama will give immediate notice to the customer’s e-mail address. In this case, the transaction will be cancelled.
In this case is ruled out any contractual or extracontractual obligation by Motorama for the non-conclusion of the contract.
Art. 5. Acceptance Conditions of Sale.
The Customer,with trasmission of the purchase order, binds himself to keep to sales conditions and the terms of payment indicated in this document in his dealings with Motorama. The customer declaring that he has read and accepted all the information given to him, while, also, noting that Motorama is not bound to respect different conditions if not previously agreed in writing.
Art. 6. Procedures of payment.
The payment for the products purchased by the customer and their delivery charges can only be as follows:
a) Credit Card : The customer must be the holder of credit card valid at the order of products purchased online.
At no time of the purchase process Motorama is in a position to know information related to your credit card, transmitted via secure connection directly to the site of the bank or Pay-Pal system that manages the transaction. In any archives Motorama retains such data. Under no circumstances the company can be held liable for any fraudulent and improper use of credit cards by a third party, upon payment of products purchased on the site.
b) Bank Transfer: In the case of using this system of payment the customer must make the transfer of the amount specified in the transaction, including shipping, at the bank indicated in 'e-mail confirmation and before the contract with the shipment of goods.
c) Money Order online: assuming that customer uses this payment’s system, the same should communicate by e-mail or fax the code of money-order to allow the liquidation by Poste Italiane Spa. The failure to communicate will not allow the conclusion of the transaction and the subsequent shipment of goods.
d) Mark: in this case the customer will pay upon receipt of the goods by paying the carrier.
This method of payment it’s not allowed for shipment out of Italy.
e) Money Order ordinary: using this system of payment, the goods will be sent only after delivery of money, by the Italian Post Office spa.
Art. 7. Shipping.
The products purchased will be shipped by Motorama to the address indicated by the customer.
Each shipment is carried out to Customer by leading delivery company. Just an indication, without binding Motorama in any way, and depending on the availability of the goods, Motorama will deliver the goods to the express courier within seven working days after it has accepted the order or has received the payment( see clause 6 lett. b) c) and e)above).
Orders will be filled when all the goods are entirely available. Upon receipt of goods at home, the Customer must check the integrity of the parcels and make sure that the quantity and quality of goods received correspond to the specifications of the order. Whenever any defects are noted, it is the responsibility of the Customer to bring such defects to the attention of the courier for purpose of written record under penalty of loss all further rights in regard.
Art. 8. Warranty products.
The products purchased on the site www.motorama.it are subject to discipline, as applicable, referred to Law n. 24 / 2.february.2002 (The Official Gazette n. 57, 08.march.2002) on sales contracts and guarantees concerning consumer goods and, although not contemplated therein, in accordance with specific provisions provided for by the Italian civil code law (artt. 1519-bis to 1519-nonies).
This warranty will be applied to products that present lacks of conformity and / or malfunctions not checkable at the time of purchase, as long as the product will be used correctly and with due diligence and in respect of the standards of appropriate use and in accordance with the content of any technical documentation supplied and the rules for operation provided therein.
Above-mentioned warranty will not be applicable in cases of negligent or imprudent use and/or maintenance of the product.
Any non-compliance of the products must be reported within the time limit prescribed by law and communicated via e-mail to firstname.lastname@example.org, fax or letter.
Even non-conforming products returned to Motorama for repair or replacement must be complete with their original packaging and all the accessories and documentation received by the Customer at the moment of purchase. The return of the products without the above-mentioned original packaging, accessories, and documentation prevents Motorama from obtaining the replacement of the product.
In any case, the return must be submitted and agreed with the Motorama to be informed on how to return with the communication of courier and of tracking number. The goods being returned travellers at risk of the Customer until the delivery thereof to Motorama.
Company reserves the possibility of verifying the actual defects enunciated by the customer and to carry out the repair or replacement until after the inspection. If as a result of verification by the producer on the defect does not prove a lack of conformity, Motorama reserves the right to charge the customer the cost of verification and restoration and the associated transport costs.
Art. 9. Returns.
Purchases made on the site www.motorama.it are governed by Italian law on sales by correspondence. In the case witch the customer has made an error in the order and has received an item that is not wanted, he has 10 (ten) days of time from the date of delivery to exercise the right of withdrawal, or the ability to return the product.
According to the articles 64 and following numbers of DLT 206/2005, the customer, namely individual who is acting for purposes unrelated business, commercial, craft or possibly turning professional, has the right to cancel the purchase contract for any reason, and consequently has the right to return the good purchased and to obtain reimbursement of expenses incurred, subject to arrangements described below.
The right of withdrawal is subject to the following conditions:
a) the right is applied to the product as a whole and not to its single parts or components;
b) in case of prize operations or promotional sale combined, in witch the purchase of an item is associated with another product that is sold at a derisory price (or gift), the right of withdrawal will be legitimately exercised with the return of both goods of purchase (provided that the second product is deemed a promotional accessory to the first product).
To exercise the right of withdrawal, the customer, without explanation and without any penalty, must submit, within 10 (ten) working days of receipt of good, a communication setting is indicated the will to withdraw from contract. Such notification should be sent to Company by letter registered with advice of receipt, addressed to Motorama of Senesi G. and C. s.a.s. in Florence, Via Mannelli n. 79. At the same time sending the notification of withdrawal, the customer must take action for the return of good to Company, using a courier of his choice, with attached copy of letter above. The item will be returned intact and carefully packed in the original package, complete with every accessory. Under the law, shipping costs for drawback of the item are charged to the customer. In the case of most goods related to a same order in relation to which the customer has exercised his right of withdrawal, the same should be sent to Motorama with a single shipment.
The Company does not respond in any way for theft or damage / loss of property returned with shipments not insured. Motorama provides reimbursement of the price of goods when the customer has exercised his right of withdrawal provided the goods are intact and not used.
Company refunded amount paid by the customer at the time of purchase within 30 days from the date in which Motorama comes to the attention of such exercise of the right to withdrawal by crediting of the amount to be reimbursed to the Customer’s credit card, provided that the product has been returned as described above.
The right of withdrawal automatically lost in any of the following cases:
a) whenever the product is not returned in its original box and/or packaging;
b) whenever the product is returned incomplete without its accessories, tags, labels, informative notes, etc.;
c) whenever the product is returned damaged by causes other than those incurred by shipping;
d) whenever the product has been used.
Whenever the right to withdrawal has been lost, Motorama will return to sender the good purchased and already in its possession, charging the same shipping costs.
Motorama inform that the right of withdrawal will not apply to goods expressly modified at the request of customer, maded on order and not normally kept in stock by Motorama. These goods ARE NOT SUBJECT TO THE RIGHT OF WITHDRAWAL, as expressed products on specific individual needs of our customer.
Art. 10. Information and complaints.
For any further information or claims on services or request may be advanced to Motorama at its registered office as indicated above and by e-mail at the following addresses: email@example.com. The information contained in these "S.C." and the web-site for individual products are in their entirety communicated through these conditions and through the cards according of Articles. 52 and 53 DLT 206/2005.
For any dispute or litigation regarding its validity, interpretation or execution, the exclusively competent will be the Law Cort of Florence, Italy.