1.1 These general conditions of sale (hereinafter also the “Conditions”) apply to the purchase of “MXGP” brand products (hereinafter “Products” or the singular “Product”) processed through the e-commerce site www.mxgp-store.com (hereinafter the “Site”) by users who can be classified as “Consumers“
The Site is owned by JACK&GALU S.r.l. with registered office in Torino (TO), Via Magenta n. 49 (hereinafter the “Owner”).
1.2 Any communication by the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal – must be sent to the Owner at the addresses and in the way indicated on the Site and to the email address email@example.com
1.3 Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of order submission by the Consumer.
1.4 The Site is dedicated to retail sales and, as such, is intended for the exclusive use of Consumers. Persons who are not Consumers are invited not to place purchase orders. If one or more sales are made by a person who cannot be considered a Consumer, these Conditions shall apply but, in derogation from them:
1. the right of withdrawal indicated in article 10 will not be granted to the buyer;
2. the buyer will not be entitled to benefit from the Products warranty on the Products indicated in Article 8;
3. any other protection will not be granted to the buyer, herein provided in favour of the Consumer, that reflects or complies with mandatory legal provisions;
4. the sale contract between the Owner and the buyer shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Wien Convention of 1980.
1.5 When sending an order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions be sent by email to the address the Consumer provided when registering to the Site or during the purchase process.
1.6 In order to make purchases through the Site, the Consumer must be of legal age (18 years old or over) and have the legal capacity to act, which the Consumer declares to possess.
1.7 Any cost for the Internet connection to the Website, including telephone charges, must be covered exclusively by the Consumer, according to the rates applied by the provider selected by the Consumer.
2. Characteristics of the Products and their availability in the various geographical areas
2.1. The Products are sold as described on the Site and in accordance with the Conditions published on the Site at the time of placing the order by the Consumer, excluding any other condition or term.
2.2. The Owner reserves the right to modify these Terms and Conditions at any time, at the Owner’s discretion, without prior notice to users of the Site. Any change will be effective from the date of publication on the Site and will only apply to sales concluded from that date.
2.3. Prices, Products for sale on the Site and/or their characteristics may be subject to changes without notice. These changes only apply to orders not yet confirmed at the date of the change. In any case, before sending the purchase order in accordance with paragraph 3 below, the Consumer is invited to verify the final sale price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site may only be purchased by users who request their delivery in one of the countries indicated on the Site.
3. Methods of product purchase – Conclusion of the purchase contract
3.1. The presentation of the Products on the Site, not binding for the Seller, is merely an invitation to the Consumer to formulate a contractual purchase proposal and is not an offer to the public.
3.2. The purchase order submitted by the Consumer to the Owner through the Site has the value of a contractual proposal and is regulated by these Conditions, which are an integral part of the order. The Consumer, by submitting the order to the Owner, accepts these Conditions in full and without reservation. Before proceeding with the purchase of the Products by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information about the right of withdrawal, to print a copy through the print command and to save or reproduce a copy for personal use. In addition, the Consumer will be asked to identify and correct any mistake in the Consumer’s personal data as submitted to the Site.
3.3. The Owner confirms the Consumer’s purchase order by sending a confirmation email to the email address provided by the Consumer when registering on the Site or when submitting the order if the Consumer is not registered on the Site. The confirmation email will contain a link to these Conditions, a summary of the order placed, including details of the price, shipping costs and applicable taxes, and a description of the features of the Product ordered. The Consumer’s order, the Owner’s order confirmation and the Conditions applicable to the dealings between the Parties will be saved electronically in the Owner’s computer systems and the Consumer may request a copy by sending an e-mail to the Owner at firstname.lastname@example.org
3.4. Any purchase contract of Products shall be intended concluded when the Consumer receives confirmation of the order from the Owner by email.
4. Product selection and purchase procedure
4.1. The Products featured on the Site may be purchased by selecting them and placing them in the virtual shopping cart. Once the Products have been placed in the shopping cart, the Consumer will be invited to (i) register to the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered, or (iii) to provide his data in order to complete the order and allow the conclusion of the contract. If the data indicated in the order are different from those provided when registering on the Site, the Consumer will be asked to confirm personal data, as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number for any communication relating to the purchase. A summary of the order will be displayed for the Consumer to check; then the Consumer must expressly approve these Conditions, after reading them carefully, by selecting the appropriate check-box, and finally confirm the order by clicking on the “Insert order” button. The order will be sent to the Owner and will produce the effects described in the previous paragraph 3.2. of this contract. The Consumer will also be asked to choose the shipping and payment methods, among those available. In case the Consumer decides to proceed with immediate payment (at the time of purchase) by credit card or PayPal, he will be required to communicate the relevant data via secure connection. For accounting and administrative reasons, the Owner reserves the right to verify the details indicated by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Owner to the Consumer.
4.2. In case the Consumer finds, during the Product selection procedure on the Site referred to in paragraph 4.1 above, that the price of one or more Products he intends to select for the next purchase is substantially lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to an evident technical problem that occurred on the Site, the Consumer is invited not to complete the purchase order and report the technical error to the Owner’s Customer Service by sending an e-mail to email@example.com
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and their delivery time, however, this information is to be considered purely indicative and not binding for the Owner.
5.2 The Owner undertakes to do their best in order to comply with the delivery time indicated on the Site and, in any case, to deliver within a maximum of 30 (thirty) days from the date of receipt of the order. In case of Owner’s failure to fulfill the order due to the unavailability, even temporary, of the Product, the Owner will provide written notice to the Consumer and will refund any amounts already paid by the Consumer for the payment of the Product in accordance with paragraph 5.3.
5.3. The Products ordered by the Consumer will be shipped according to the terms selected by the Consumer, among those indicated on the Site at the time the order is submitted. On reception of the order, the Consumer undertakes to check promptly that the delivery includes all the Products purchased and to inform the Owner promptly of any defect in the Products received or of their non-conformity to the order placed, according to the procedure set out in the following paragraph 8 of these Conditions, failing which the Products will be considered as accepted. If the packaging or envelope containing the Products is clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery “with reserve”.
6. Prices, shipping costs, taxes and duties
6.1. The price of the Products is the price indicated on the Site at the time the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), but they do not include the shipping costs, which are calculated and shown to the Consumer before final confirmation. The Consumer undertakes to pay the shipping costs to the Owner in addition to the price indicated on the Site.
6.2. The Consumer shall pay the total price to the Owner, as stated in the order and in the order confirmation sent by email from the Owner to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales tax in accordance with the legal provisions of the country to which the Products will be delivered. The Consumer undertakes to pay these costs, if due, in addition to the price indicated in the order and confirmed in the order confirmation, The Consumer is invited to inquire with the relevant authorities of the Consumer’s country of residence or country of destination of the Products, in order to obtain information about any duties or taxes applicable.
6.4. Any additional costs, charges, taxes and/or duties that a given country may apply, for any reason, to the Products ordered in accordance with these Conditions, shall be paid exclusively by the Consumer.
6.5. The Consumer agrees that the lack of knowledge – at the time of placing an order with the Owner – of the costs, charges, taxes and/or duties referred to in the previous paragraphs. 6.3. and 6.4, cannot constitute a cause for termination of this contract and that the Owner will not in any way be responsible for the above charges.
7.1. Payment can be made by credit card, prepaid card or PayPal, under the conditions described below.
7.3. If the payment is made by credit card, the Consumer will be transferred to a protected site. The data provided by the Consumer will be sent in secure mode, through the encrypted data transfer with the SSL (SecureSocketLayer) 128bit system. Such data are not accessible even to the Owner.
7.5. The Owner shall promptly transmit to the Consumer – if required by applicable law – the tax receipt related to the purchase. The receipt will be sent to the email address provided by the Consumer, if the Products are to be delivered within Italian territory, or attached in paper format to the purchased Products, in all other cases.
8. Owner’s legal guarantee of conformity, notification of conformity defects and intervention under warranty
8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter “Consumer Code”), the Owner guarantees the Consumer that the Products will be free from design and material defects and will comply with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The warranty is invalidated if the Produce is used or washed in a way that does not comply with the proper used of the Product or the instructions/warnings provided by the Owner and/or the Owner, as detailed in the illustrative reference documentation, tags or labels.
8.2. Under penalty of forfeiture of this warranty, the Consumer shall be responsible for reporting any defects and non-conformities within and no later than 2 (two) days from the discovery, by sending the appropriate form correctly filled to the Customer Service at the email address firstname.lastname@example.org , specifying of the defect and/or non-conformity found, as well as the documentation indicated in the return form itself (at least no. 1 (one) photograph of the Product, the order confirmation sent by the Owner and/or the tax receipt).
8.3. Following receipt of the form and the related documentation, the Owner will evaluate the defects and non-conformities reported by the Consumer through the Owner’s assistance service. If the non-conformity of the Product is confirmed, the Owner will authorise the return of the Products by providing the Consumer with a “Return Code”, sent by email to the address provided by the latter during the registration process on the Site or during the transmission of the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, whose existence must be ascertained after the return. The Products for which the Owner has authorised the return must be returned by the Consumer, together with a copy of the return authorisation notice containing the “Return Code” within 30 (thirty) days from the notification of the defect or non-conformity to the following address:
Via Val Pellice 65/A San Secondo di Pinerolo , 10060 ITALY
8.4. In case of defects or non-conformities, the Consumer will be entitled to have the conformity of the Product restored by the Owner, through repair or replacement, or to alternative remedies in the cases expressly provided for by the article. 130 of Legislative Decree no. 206/2005.
If the Owner has undertaken to refund the price paid by the Consumer, the refund will be made, when possible, by the same means of payment used by the Consumer when purchasing the Product. It will be the responsibility of the Consumer to communicate to the Owner, again by email at email@example.com the bank details to make the transfer in the Consumer’s favour and to ensure that the Owner is put in a position to be able to return the amount due.
9. Liability for damage from defective products
9.1. As regards any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code will be applied. The Owner, as distributor of the Products through the Website, shall be released from any liability, none excluded and/or excepted, indicating at the request of the damaged Consumer the identity and domicile of the relevant producer.
10. Right of withdrawal
10.1 Subject to the exceptions provided for in Article 59 of the Consumer Code and the case expressly provided for in paragraph 10.7 below, the Consumer is entitled to withdraw from any contract concluded under these Conditions, without having to provide any reason and without penalty, within 14 (fourteen) days from when (i) the Product was delivered, or (ii) in the case of purchase of several Products delivered separately with a single order, the last Product was delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform the Owner before the expiry of the term referred to in paragraph 10.1 above, by sending an explicit declaration to the email address firstname.lastname@example.org attaching the standard withdrawal form.
10.3 As a result of the procedure detailed in the previous paragraph 10.2, the Consumer will receive an email confirming the exercise of withdrawal. If the Consumer has already received the Product in the meantime, the email will contain the return form to be included in the package, and instructions on how to proceed with the return of the product, to be forwarded no later than the following 14 days to:
Via Val Pellice 65/A San Secondo di Pinerolo , 10060 ITALY
10.4 If the Consumer has received the product, he is required to return it to the Owner without undue delay and, in any case, within 14 days from the day the Consumer announced the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of the return of the goods, as well as the proof of it, will be borne by the Consumer. If the Consumer exercises the withdrawal right through the Site, the cost of returning the goods will be shown before confirming the request, in case the Consumer wishes to use the return service offered by the site.
10.5 In the event of withdrawal, the Consumer will be reimbursed the payments he has made, including delivery costs, without undue delay and, in any case, no more than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different payment method; in this case, any additional costs deriving from the different means of payment will be charged to the Consumer. The refund can be suspended until the goods are received or until the Consumer demonstrates that he has sent the goods back.
10.6 The Consumer is responsible for the decrease in the value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear, abrasion, scratches, deformation, etc.), not complete with all their elements and accessories (including unaltered labels and tags attached to the product), not accompanied by the enclosed instructions/notes/manuals, by the original packaging and by the guarantee certificate, where present, the Consumer will be responsible for the decrease in the value of the goods, and will be entitled to a reimbursement amounting to the residual value of the Product. Therefore, the Consumer is invited to manipulate the goods only as much as it is strictly necessary to establish the nature, characteristics and functioning of the same, and to protect the original packaging of the Products with further packaging, so as to preserve their integrity and protect them during transport, avoiding any additional writing or labels on the original packaging.
10.7 Exclusion of the right of withdrawal – Pursuant to art. 59, first paragraph, letter c) of D. Lgs. 206/2005 (Consumer Code), the Consumer’s right of withdrawal is excluded in case of customized Products.
11. Intellectual property rights
11.1. The contents of the Site cannot be reproduced, either wholly or partially, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner.
12. Consumer Data and Privacy Protection
12.2. The Consumer guarantees that the data provided to the Owner during the registration and purchase process are correct and true.
12.3. The Consumer may at any time update and/or modify the Consumer’s personal data provided to the Owner through the appropriate “My Account” section of the website accessible after authentication.
13.1. Although the Owner takes measures to protect personal data against possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations of the protection of electronic communications via the Internet, the Owner cannot guarantee that the information or data provided by the Consumer to the Site, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.
14. Applicable law, conciliation attempts and competent court
14.1. Each sales agreement between the Owner and Consumers pursuant to these Conditions will be regulated and interpreted in accordance with Italian laws and in particular with the Consumer Code, with specific reference to the legislation on distance contracts and the Legislative Decree 9 April 2003 n. 70 on certain aspects of e-commerce. In any case, any rights granted to Consumers by provisions of the law in their countries will be recognised.
14.2. In the case of disputes between the Owner and a Consumer, we guarantee our willingness to take part in an attempt at friendly conciliation.
14.3. As an alternative to the conciliation attempt referred to in paragraph 14.2, the Consumer also has the right to access the European Online Dispute Resolution Platform (European ODR Platform) for the resolution of any dispute between Owner and Consumer.
The European ODR Platform is developed and managed by the European Commission, in accordance with the 2013/11/EU Directive and EU Regulation 524/2013, in order to facilitate the independent, impartial, transparent, effective, quick and fair extrajudicial resolutions of disputes concerning contractual obligations deriving from sales contracts or online services between a consumer residing in the EU and a professional established in the EU through the intervention of an ADR (Alternative Dispute Resolution) body that has joined it, which can be selected from a list available there.
For more information about the European ODR Platform or to initiate an alternative dispute resolution procedure for this contract, access the following link: http://ec.europa.eu/odr . The Owner’s email address to be indicated in the European ODR Platform is as follows: email@example.com
14.4. If the attempt to conciliation referred to in paragraph 14.2 or 14.3 is not adhered to, or if such attempt fails, the dispute will be referred to the judge of the Consumer’s place of residence or domicile, if the Consumer resides on Italian territory. In any other case, the Tribunale di Torino will be the competent court.