Terms and conditions of use
TERMS OF SALE
ART. 1) PURPOSE
The purpose of these General Terms is to govern the sale of products by correspondence through the computer network on the website https://motocross-soul.com , which is the property of MAKE SOUL S.R.L., with main offices at Via Mellana 7 - 15033 - Casale Monferrato (AL), Italy, Taxpayer ID and VAT Code 02572060065. Products purchased from the website https://motocross-soul.com are sold directly by MAKE SOUL S.R.L.. These purchases are reserved for direct use customers, excluding any parties such as dealers, wholesalers, retailers, professionals, etc. who intend to resell the same products to third parties. MAKE SOUL S.R.L. reserves the right to modify these General Terms at any time, notifying the Customer on the Website upon their first access following the modification of the General Terms themselves. MAKE SOUL S.R.L. shall bear no contractual and/or non-contractual responsibilities for any direct or indirect damages to persons and/or property resulting from the refusal, even partial, of an order on behalf of MAKE SOUL S.R.L. itself.
ART. 2) SUBJECTS
Supplier: The company MAKE SOUL S.R.L., with main offices at Via Mellana 7 - 15033 - Casale Monferrato (AL), Italy, Taxpayer ID and VAT Code 02572060065 (hereafter referred to as MAKE SOUL S.R.L.)
Customer: The subject identified by the data inserted upon the completion and submission of the electronic order form, with the simultaneous acceptance of these General Terms (hereafter referred to as the Customer).
The Customer is strictly forbidden to utilise false and/or invented names both for the online ordering process, as well as for any additional communications. In the interest of consumers everywhere, MAKE SOUL S.R.L. reserves the right to pursue legal action against any violations or abuse. The Customer also hereby absolves MAKE SOUL S.R.L. of any responsibility deriving from the issuance of erroneous fiscal documents as a result of incorrect data provided by the customer, the customer him/herself being the sole party responsible for correct data insertion.
ART. 3) ONLINE SALES
The online sales contract is intended as a contract by correspondence and constitutes a legal transaction for the sale of goods (hereafter referred to as the Products) between MAKE SOUL S.R.L. and the Customer within the scope of a correspondence sales system organised by MAKE SOUL S.R.L. which, for the purpose of the same contract, utilises the remote communication technology called the internet. These contracts, therefore, are concluded directly by means of the Customer accessing the website at https://motocross-soul.com , where, following the indicated procedures, he/she will conclude the contract for the purchase of the desired goods.
For each product a Technical Datasheet is available on the website, containing the main features and technical specifications of the product in question. It is understood that the image provided upon the Technical Datasheet describing the product may not perfectly represent its characteristics and could differ in colour, size and/or visible accessories and may be changed at any time by MAKE SOUL S.R.L. with no obligation to provide advance notice.
The Product datasheets can, in fact, be consulted freely. As the product datasheets serve a purely illustrative purpose, the company shall bear no responsibility for any inaccuracies contained within them. In order to complete the Product purchasing procedure, and if not already enrolled in D-Club MAKE SOUL S.R.L., the Customer is required to register on the Website by inserting the required data in the appropriate form on the Website and selecting his/her personal code (password) and identification code (User-ID) (hereafter referred to as Identification Parameters).
The above data is subject to the provisions of Italian Legislative Decree no. 196, dated June 30th 2003, regarding the ‘protection of persons and other subjects in relation to the treatment of personal data’, as indicated in the Privacy section, and can be modified by the Customer at any time by following the procedure indicated on the Website. This data will be saved by the Company so that, once the first purchase has been made, the Customer can use the Identification Parameters selected at the time of registration to continue with the order. In addition, the registered Customer will no longer have to insert his/her data in order to complete any purchase orders after the first one.
The Identification Parameters are personal, may not be ceded to third parties, must be kept secret and, for security reasons, must not be kept together or noted upon any single document.
In the event that the Customer should forget the password and/or User-ID selected at the time of registration, he/she must perform the procedure indicated in the appropriate section of the Website in order to request new parameters for accessing the Website itself. The Customer can only purchase the Products offered on the Website, at the prices indicated therein, by following the procedure indicated on the Website itself. The correct receipt of the order is confirmed by the Company by means of an email reply, which is sent to the email address provided by the Customer. This confirmation message will include the date and the time of the order, as well as a ‘Customer Order Number’ which can be used for any subsequent communications with MAKE SOUL S.R.L. regarding the order itself. The message will include all of the data inserted by the Customer, who must verify the correctness of the data and communicate any eventual corrections to be made, in compliance with the methods indicated on the Website, in a timely fashion.
Prior to sending the order confirmation, the Company shall have the right to request additional information from the Customer via email with reference to the purchase order performed on the Website.
Whenever sales made online go to nations outside the EEC, MAKE SOUL S.R.L. will handle the Customs clearance duties and charges.
ART. 4) UNAVAILABILITY OF PRODUCTS
In the event that the ordered Products are found to be not in stock after the Customer has already confirmed his/her order on the Website, MAKE SOUL S.R.L. shall immediately notify the Customer by sending an email to the address indicated at the time of registration and shall immediately reimburse any payments already made for the order in question.
ART. 5) ACCEPTANCE OF THE GENERAL TERMS OF SALE
By submitting the confirmation of his/her purchase order, the Customer unconditionally accepts the General Terms of Sale and Payment described within this document and is obliged to respect them in his/her dealings with MAKE SOUL S.R.L.. What’s more, by performing this action, the customer declares to have viewed and accepted all of the indications provided and recognises the fact that MAKE SOUL S.R.L. itself shall not be bound by any other conditions unless preventively agreed upon in writing.
ART. 6) SALES PRICES
Save for any other written indications, all of the prices indicated are to be considered VAT included and expressed in either Euros, US dollars or Pounds. The validity of the indicated prices is always and exclusively that which is indicated in the procedure (product datasheet or order form) at the time in which the order is submitted to the supplier. The prices may vary without advance notice and the only correct price is to be considered that which is indicated by MAKE SOUL S.R.L. in the order confirmation.
ART. 7) METHOD OF PAYMENT
Payments for Products purchased by the Customer, as well as for the relative shipping charges, may only be made according to the following methods:
• Payment by PayPal or Credit Card: in case of payment by credit card motocross-soul.com uses the PayPal payment gateway (without the need to create an account); on the secure page of Paypal the customer will find the option "Pay by Credit Card". In case you want to make payment with PayPal account the customer will only need to enter the email and password already registered and proceed with payment.
At no time during the purchase process MAKE SOUL SRL is able to know the information related to the customer's credit card, transmitted via a secure connection directly to the site of the bank that manages PayPal transaction. No computer archive of MAKE SOUL SRL will keep such data. In no case may MAKE SOUL SRL be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment of Products purchased on the Website.
• Bank Transfer: payment must be made within 3 days from the order confirmation. Banking data:
Owner: Make Soul SRL
BIC / SWIFT: BACRIT21215
ART. 8) METHOD OF DELIVERY
The purchased products shall be delivered by MAKE SOUL S.R.L. to the address indicated by the Customer.
Each consignment contains:
- the product(s) ordered;
- the relative invoice (only if expressly requested from MAKE SOUL S.R.L. on behalf the Customer at the time of order by means of the email address indicated under the subsequent art. 9).
MAKE SOUL S.R.L. ships Customer deliveries using selected express Couriers. Indicatively, without placing any restrictions upon MAKE SOUL S.R.L. and save for product availability and any eventual unforeseen circumstances, MAKE SOUL S.R.L. will deliver the merchandise to the courier in the shortest time possible following the acceptance of the order on behalf of MAKE SOUL S.R.L. itself. Only orders comprised of goods which are entirely available shall be processed. Upon receiving the merchandise at the delivery address, the Customer is required to check the integrity of the parcels, as well as the correspondence of their contents with the quantities and qualities ordered. In the event of discrepancies and/or differences, the Customer must indicate these to the courier with precision and have them noted on the transport documentation in order to be able to exercise his/her relative rights.
ART. 9) BILLING
Upon express request from the Customer, to be sent to the email address [email protected] at the time in which the online order is submitted, MAKE SOUL S.R.L. will issue an invoice for the purchased material and send the same to the Customer by email in PDF format. The information provided by the Customer upon submitting his/her order shall be used to issue the invoice. The data indicated in the invoice may not be modified once the invoice has been issued.
ART. 10) RESPONSIBILITY
MAKE SOUL S.R.L. shall bear no responsibility, save for cases of wilful misconduct or gross negligence, for any direct, indirect or consequential damages suffered by the Customer or by third parties, which can not be foreseen at the time in which these General Terms are accepted, as a result of the services rendered and/or for damages of any kind or in any way associated with them, deriving from the failure to meet the contractual obligations, even in cases of damages claimed by third parties for any reason.
The Customer expressly recognises that MAKE SOUL S.R.L.'s responsibility for any breach of services indicated under the previous point is limited to, and shall never exceed, the amounts received by the same from the Customer in relation to the performance of the individual services for which they are responsible. Any additional damages, losses, costs or expenses are hereby expressly excluded. MAKE SOUL S.R.L. shall bear no responsibility for any shortcomings and/or damages which should befall the Customer due to causes which cannot be attributed to MAKE SOUL S.R.L. itself or, in any case, by delays due to malfunction, failed or improper transmission of information or as a result of causes which are beyond the company's control, including, without limitations, system delays or downtime, the interruption or lack of internet connectivity, the interruption, suspension or malfunction of internet access nodes, or the interruption, suspension or poor functionality of electronic, postal or electrical energy distribution services; by strikes or lockouts, even on behalf of its own staff, wherever they should occur; by impediments or obstacles caused by national or foreign legislation or acts; by judicial acts or provisions or third party factors; by other causes which can not be attributed to MAKE SOUL S.R.L. and, more generally, by any impediment or obstacle which cannot be surpassed with the ordinary criteria of diligence employed by MAKE SOUL S.R.L. in the course of its activities.
MAKE SOUL S.R.L. has the faculty to suspend and interrupt the service of connection to the Website at any time for technical reasons and for reasons linked to the efficiency and the security of the services offered, as well as to suspend its functionalities for cautionary motives without being held responsible for any consequences which may derive from such interruptions or suspensions.
MAKE SOUL S.R.L. shall not be held responsible for any eventual fraudulent and/or illicit third party use of the credit cards utilised by the Customer at the time of Product purchase. In fact, MAKE SOUL S.R.L. will have no knowledge of the Customer's credit card number throughout the purchasing process.
ART. 11) WARRANTY FOR NON-COMPLIANT PRODUCTS
The products purchased on the website https://motocross-soul.com are subject to the provisions, where applicable, of Italian Legislative Decree 2.2.2002 no. 24 (G.U. no. 57, 8.3.2002) regarding sales contracts and warranties for consumer goods and, for issues not addressed therein, the Italian Civil Code. This warranty shall apply to any product presenting non-conformities and/or malfunctions which could not be detected at the time of purchase, as long as the product itself is utilised properly and with due diligence, or rather in compliance with its intended use, with that which is indicated in the relative technical documentation and with respect for the operating standards indicated therein. The warranty described above shall not, on the other hand, be applicable in cases of negligence or in cases of improper product use and maintenance. The warranty is personal and is reserved exclusively to direct customers. It shall therefore only be recognised in relation to the original buyer and not in relation to dealers, resellers, etc. Any eventual product non-conformities must be communicated within the terms prescribed by law, by completing the form which can be requested at the appropriate email address ([email protected] ). This form must be attached to a copy of the order confirmation received by email from MAKE SOUL S.R.L. (as indicated under Art. 3 above) and included with the return shipment containing the non-compliant product. The product, though non-compliant, must be returned to MAKE SOUL S.R.L. for repair or replacement in its original packaging and along with all of the accessories and documentation received by the Customer at the time of delivery. The return shipment of the product without its original packaging, accessories and documentation will impede MAKE SOUL S.R.L. from obtaining a replacement product from the manufacturer, thereby likewise preventing its replacement for the Customer. MAKE SOUL S.R.L. reserves the right to verify the non-conformity of the product returned by the Customer and to repair or replace the product after this inspection alone. If, following inspection on behalf of MAKE SOUL S.R.L., the fault should not result as a conformity defect, the Company reserves the right to charge the Customer for the costs associated with the inspection and restoration of the product, as well as the relative shipping costs.
ART. 12) RIGHT OF WITHDRAWAL
The purchases effected on the website https://motocross-soul.com are governed by the Italian law on distance contracts (Legislative Decree 206/2005, hereinafter the “Consumer Code”) and by the provisions set out here below. In the case in which the Customer - provided that the same is a consumer, i.e. a person who acquires goods for purposes not related to its professional activity - have mistaken the order and/or have received unwanted goods and in any case for any reason whatsoever, according to articles 64 and following of the Consumer Code, it will have 14 (fourteen) business days from the date of delivery to exercise the right of withdrawal, or the possibility to return the product and to obtain reimbursement of the costs sustained, in the manner described below. The right of withdrawal is subject to the following conditions:
- the right does not apply to professionals and companies;
- the right applies to the product as a whole and not to parts or components thereof;
- in the case of prize operations or promotional combined sales, in which the purchase of a product is associated to another product which is sold at a nominal price (or given as a present), the right of withdrawal will be legitimately exercised with the return of both products object of the purchase (given the constraint accessoriness of the promotional product over the first).
In order to exercise the right of withdrawal, the Customer, without the necessary to furnish explanations and without any penalty whatsoever, must send within the term of 14 (fourteen) business days from the date of receipt of the product, a notice to the e-mail address [email protected] in which is indicated the intention to withdraw from the agreement enclosing the RETURN REQUEST FORM FOR THE WITHDRAWAL or CHANGE OF SIZE.
Together with the sending of the notice of withdrawal, the Customer (except for the Customer who ordered from the United States of America) must organize the return of the product to MAKE SOUL S.R.L., using a forwarding agent of its choice, c/o MAKE SOUL S.R.L., Via IV Novembre 33 – 15032 Borgo San Martino (AL) ITALY, together with a signed copy of the RETURN REQUEST FORM FOR THE WITHDRAWAL or CHANGE OF SIZE. The product must be returned undamaged and securely packed in the original packaging complete of all accessories. As a rule of law, the delivery costs relating to the return of the product will be for the Customer’s account. In case of more products relating to the same order, in relation to which the Customer has exercised the right of withdrawal, the same must be sent to MAKE SOUL S.R.L. in one single shipment. MAKE SOUL S.R.L. is in no way liable for damages or theft/loss of products returned by uninsured shipments.
MAKE SOUL S.R.L. will attend to reimbursement of the price of the products for which the Customer has exercised the right of withdrawal, withholding the amount of the shipping costs incurred by the Customer at the time of the order. Without prejudice to any further repair costs for damages, MAKE SOUL S.R.L. will attend to the relevant reimbursement, within 14 (fourteen) business days from the date of receipt of the returned product by MAKE SOUL S.R.L. according to the above mentioned methods, by crediting the amount to be reimbursed to the Customer’s credit card.
The right of withdrawal will automatically lapse should it be ascertained:
- the lack of packaging and/or of the original packaging;
- the lack of all integral elements of the product (accessories, tags, labels, informative notes etc.);
- damage to the product for causes other than transportation;
- the use of the product.
In case of forfeiture of the right of withdrawal, MAKE SOUL S.R.L. will return to the Customer the purchased product already in its possession, charging to the same the transport costs.
MAKE SOUL S.R.L. undertakes to sustain the delivery costs for the return of the Products only in case of damage to the same due to transport or errors on the part of MAKE SOUL S.R.L..
Only in such cases, MAKE SOUL S.R.L. will credit to the Customer’s credit card the entire amount paid by the latter, including the delivery costs. MAKE SOUL S.R.L. will send a courier to collect the Product from the address indicated by the Customer.
Should the Customer not exercise the right of withdrawal but request a change of size of the purchased product, the delivery costs for the return of the Product will be for the Customer’s account. Such possibility is granted to the Customer on the condition that the new requested product is of the same model as the one to be returned. Subject to availability of the product required for the size change, MAKE SOUL S.R.L., after having effectively received the product returned by the Customer, will furnish the Products in the sizes indicated without the incurring of further delivery costs by the Customer. Any confirmation on the availability of the requested size, notified to the Customer at the time of the size change request, will not guarantee that - at the time of actual receipt of the returned product to the facilities of MAKE SOUL S.R.L. - the new size will still be available: in case of non-availability, the Customer may notify MAKE SOUL S.R.L. its intention to withdraw from the purchase.
ART. 13) INFORMATION AND COMPLAINTS
Any request for clarification or complaint, MAKE SOUL S.R.L. may be contacted at the following e-mail address: [email protected]
ART. 14) COMMUNICATIONS
The Customer hereby recognises and accepts that all of the communications, notifications, certificates, information and statements, as well as any other documentation regarding the operations carried out in reference to the purchase of the Products, shall be sent to the email address indicated at the time of registration with the possibility of downloading the information to fixed supports in the methods and within the limits offered by the Website itself.
ART. 15) ORDER CANCELLATION ON BEHALF OF MAKE SOUL S.R.L.
MAKE SOUL S.R.L. reserves the right to cancel an order or an individual item from an order in the event that any of the following circumstances should arise:
- items which are indicated as out of stock;
- items which, due to certain problems, cannot be delivered;
- credit card fraud.
ART. 16) LEGAL JURISDICTION
This contract is governed by Italian law. For any disputes concerning the validity, interpretation or execution of this contract, the Vercelli law courts shall have jurisdiction over the matter.
Casale Monferrato, 08/02/2019