Terms and Conditions
ACCEPTANCE OF GENERAL CONDITIONS OF SALE.
EM MOTO s.r.l. accepts orders to deliver to almost every country in the world.
The contract drawn up between EM MOTO s.r.l. and the Customer shall be concluded with the order acceptance (by e-mail) on the part of EM MOTO s.r.l..
By placing an order the Customer acknowledges that he or she has read all the information provided to him/her during the purchase procedure, and accepts in full the general conditions and the terms of payment stipulated below.
Once the online purchase procedure is complete, the Customer shall print or save an electronic copy and in any case preserve these present general conditions of sale, in compliance with article 3 and 4 of Legislative Decree 185/1999 regarding the distance selling.
Any right of the Customer to an indemnity or compensation for damages is excluded, as well as any contractual or extra contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance or dispatch or partial dispatch of an order.
TERMS OF PURCHASE
When placing an order, the Customer may order only the products which are in the electronic catalog of EM MOTO s.r.l. r and which are viewable online at (URL) http://www.em-moto.com, as described in the relevant information sheets. It is understood that the picture accompanying the description of a product may not be fully representative of its features in terms of color, size and accessories.
It is possible to place orders simply by entering the required information during the check-out without having to sign up to the site, or by registering with the site and thus having access to the information about the ORDER STATUS (see section).
The receipt of the order is confirmed by EM MOTO s.r.l. by a reply by e-mail, sent to the email address supplied by the Customer. The reply is sent out automatically by the system and cannot be considered in itself as the order acceptance, but only the confirmation of the receipt of the same.
This confirmation message will contain Date and Time of the execution order and a 'Customer Order Number', to be used in any further communication with EM MOTO s.r.l. The message will include all the information entered by the Customer, who shall check it and communicate any necessary corrections, as described in this document.
The order confirmation is sent together with the shipment to non-registered Customers.
The registered Customer can display the status of his/her order in the private area "My Account-> My Orders”.
The order status is only viewable by registered customers in the private area "My Account-> My Orders”.
The order will be displayed in one of three possible stages:
Pending: the order has been placed by the Customer, but the payment has not been credited yet. If no payment is credited within 10 days the order will be cancelled.
Processing: The payment has been credited. The items will be generally shipped within the next 24 hours and within a maximum of 10 days.
Delivered: The order has been sent out. After the actual product arrival the Customer will have a maximum of 10 days to exercise the right of withdrawal.
In case of withdrawal the order has been refunded and therefore permanently Closed.
In the event of nonpayment the order will be Cancelled. (In this case it will still be in the Customer’s list of orders and it can be renewed).
Bank transfer: The information for the bank transfer will be displayed and sent by e-mail after choosing the payment method during the check out procedure. The item will be shipped only after the amount due has been credited to the current account.
PayPal or Credit Cards: Payment by credit cards or PayPal Account is redirected to the PayPal website to ensure maximum safety. Buyers do not need a PayPal account as they can pay by most credit cards without registering.
Postal order: All buyers have to do is go to any post office and ask to fill out a money order by entering the data displayed on the website and sent by e-mail after choosing the payment method during the check out procedure. The item will be shipped only after receiving the amount due.
Cash on delivery: Cash payment (notes) upon delivery. Delivery is only available in Italy. The cash on delivery option has an additional cost of € 10 and is not considered as a legitimization of the order. The Customer will be contacted as soon as possible for further arrangements.
For each order EM MOTO s.r.l. issues an invoice (or receipt) for the item sent, attaching it to the order packaging, under clause 14 of Presidential Decree 445/2000 and Decree Law 52/2004. In the case of an invoice, the information provided by the Customer will be a proof on the order. No change in the invoice will be possible, after the issue of the same. Customers will not get separate invoices for single products belonging to the same order.
Shipping costs may be free (included in the sale price of merchandise) or charged to the Customer and it is possible to verify the presence and/or the exact amount during the check-out procedure simply by entering some information regarding the destination. The Customer shall pay for the merchandise and any delivery charges by using the method chosen when ordering. The Customer does not have to pay anything more to EM MOTO s.r.l. than the total order unless differently agreed and confirmed by the Customer (e.g. adding products to the order).
The material is generally shipped within 1-8 working days from the date of receipt of payment. The exact time may vary for various reasons such as the nature and size of the goods, the stock available, etc.
For more information on estimated shipping time for one or more specific products, see the relevant section of each insertion (above, below photo gallery). For further confirmation (for example if urgent shipping is required) do not hesitate to contact us by email or telephone before and/or after ordering.
EU Countries: Shipments are essentially effected by express courier service * (BARTOLINI, TNT, SDA, etc). In case of domestic shipments (Italy) delivery will be made by the same shipping company which collected the merchandise, while in case of international shipments (EEC Countries), delivery may be entrusted to a shipping company operating in the country of destination (e.g. TNT, DPD, EXAPAQ, CHRONOPOST, UPS, DHL, etc).
Non-EU Countries: Shipments may be "standard" ** (generally by the Italian Post) or "express" * (by a courier service such as BARTOLINI, TNT, SDA, UPS, DHL). Delivery may be entrusted to a shipping company operating in the country of destination (e.g. TNT, DPD, EXAPAQ, CHRONOPOST, UPS, DHL, etc).
*In case of shipments by express courier service the Customer will be informed the same day of the merchandise arrival by e-mail (at the registered e-mail address) about the on-line monitoring procedure of the progress status of the package.
**In most cases ‘standard’ shipments towards Extra EEC countries cannot be tracked on-line and therefore the Customer cannot check the progress status of the package. As soon as feasible we will however send by e-mail a copy of the shipping document from which the customer can obtain useful data for any information required at the destination post office.
TIME OF DELIVERY
EU Countries: In the absence of unforeseen problems, delivery time of merchandise generally varies between 1 and 3 working days from the date of shipping to domestic territory (Italy) and from 2 to 5 working days to the other countries(EU countries).
Non-EU countries: In the absence of problems with delivery and/or customs clearance, delivery time of merchandise generally varies between 5 and 20 working days from the date of shipping in the case of "standard" shipments and between 3 and 6 working days in the case of "express” shipments.
Delivery is normally effected by a shipping company operating in the countries of destination(e.g. TNT, DPD, EXAPAQ, CHRONOPOST, UPS, DHL, etc), which might not be the same company in charge of the shipment in the country of origin.
Unless specified by our Customer Service, delivery will be by road. At the time of merchandise delivery by the courier, the Customer shall check that:
- The number of packages on delivery corresponds to that indicated in the accompanying document.
- The identity and the quality of the merchandise correspond to that indicated on the packing. They may be indicated in the accompanying document.
- The invoice, contained in the envelope attached to the outside of one of the packages, is to be removed and preserved.
- If the number of packages or the information written in the shipping document do not correspond or because of loss or damages, the Customer should immediately report it to the courier. The merchandise, if withdrawn, should be withdrawn with a written provision . Once signed the courier’s document, the Customer cannot make any complaints about the external merchandise features of what has been delivered.
No responsibility can be attributed to EM MOTO s.r.l. in case of delay in the order dispatch or in the delivery with what has been ordered.
The Customer may cancel the order up until the time that the same has been sent. From the moment that the merchandise is shipped the Customer may, after receiving (and possibly even having paid the amount due in the case of cash on delivery), terminate according to procedures provided for by law.
RIGHT OF WITHDRAWAL
In compliance with the provisions of Legislative Decree 6 September 2005 n. 206 (and subsequent amendments and additions) the Customer can cancel the purchase within 14 days from the date of goods delivery. The right of withdrawal is exercised only by individuals and only if the object has not suffered damages or wear.
The right of withdrawal may be exercised by sending a letter in which the Customer declares the right for the purchased item. Such letter has to be sent within 14 days after receiving the product by registered mail with a return receipt to:
EM MOTO s.r.l.
Via del Mare 30
62019 Recanati (MC)
The goods must be sent to the same address and within the same term, including the original receipt. The refund will be made immediately after receiving the goods in our office and checking their status.
The repayment method varies according to the method used to pay the order:
• In the event that the order has been paid by PayPal system (PayPal account or credit card), the refund will be made through PayPal system, so either the amount will be credited to the customer's PayPal account (for payment made through PayPal account ) or the credit card transaction will be canceled (for payment by credit card).
• In the event that the order has been paid by bank transfer, postal order, PostePay or cash, the refund will be made by bank transfer. Therefore the Customer should provide details of a bank account (bank, account holder, IBAN code and SWIFT code).
The site shows prices including tax (Italian VAT included) and excluding tax (Italian VAT not included).
• For orders with destination within Italy or to EU countries, taxes are Included in the total order. In this case the Customer will have to pay EM MOTO s.r.l. the order including taxes and nothing will ever be required by the shipping company or the customs office on delivery of the goods ordered.
• For orders with non-EU destinations, taxes will be Excluded from the total order. In this case the Customer will have to pay EM MOTO s.r.l. the order not including taxes. Upon delivery of the goods the Customer may be required directly by the shipping company or by the customs office to pay ‘duty’, the amount, if applicable, depending exclusively on the laws in force in the country of destination.
The inclusion or exclusion of taxes in the total order will be automatically calculated during the checkout simply by entering some data related to the place of destination of the goods. The Customer will be able to confirm the presence or not of taxes and possibly know the exact amount of these before concluding the order operation.
The standard setting of the products prices on sale on the site will be displayed in EUROS *.
It is possible to display prices in any currency by selecting it from the "CURRENCY" menu at the top of every page of the site.
The values attest current international currency exchange rates compared with the euro and as such are very often subject to fluctuations and changes, therefore they cannot be considered completely reliable to know the exact equivalent of the price in the customer’s own currency.
* In case of payment through PayPal system (PayPal account or credit card), the total amount of the order will be automatically converted into euros and the transfer may only be made in this currency. In the case of payment by Bank Transfer, Money Order or PostePay the sum is to be transferred in euros.
Products sold by EM MOTO s.r.l. can be APPROVED (only in the countries belonging to the European Union) or NOT APPROVED for use on public roads open to public. In the event that a product is APPROVED (based on one or more regulations) is generally specified in the product description itself. In the event that the product is NOT APPROVED, it is meant only for use in sporting events on track or on closed circuit and fairs or exhibitions.
For clarifications to this specification, please consult the manufacturer's website for the item in question and/or request more information to EM MOTO s.r.l.
See section here
Every Product sold by EM MOTO s.r.l. is covered by One Year Limited Manufacturer's Conventional Guarantee (according DL 24/02). Final Consumers will benefit of Two Years Limited Conformity Guarantee. Customer will access guarantee services keeping shipping invoice.
In the unlikely event that a defect appears on a product sold by us during the guarantee period, it necessary to contact us to the e-mail address email@example.com, an EM LINEAMOTO or a Manufacturer's technician will try to solve the problem without a return (for ex problem could be only a wrong configuration or a missing ancillary accessory). If instead the defect is confirmed by technical support, we will provide you a RMA number (Return Material Authorization) to use to return faulty parts.
Private Consumer is the person who buys goods for purposes not related to his professional activity, or making a purchase without indicating the order form a reference to VAT; the Private Consumer benefits from the guarantee of the seller (2 years from delivery) with 1 year manufacturer's standard warranty.
Professional User is who buy goods for business purposes, with a VAT number inscription. The Professional User benefits only the manufacturer's standard warranty (1 year from delivery, unless extension has been granted by the manufacturer).
Pick-up and return are free (arranged by EM MOTO s.r.l.) if a product is DOA (Dead On Arrival) within 10 days delivery; exceeded this term will be instead by and at the expense of the Customer.
Guarantee does not apply to damage caused by misuse, abuse, accident, unauthorized repair or improper packing of the product shipped to EM MOTO s.r.l.
We attempt yo keep this web site up-to-date as possible we can, but do to the changing nature of these typology of products, always chasing improvements and state of the art manufacturing we can’t guarantee that all information or pictures are describing products as really they are or as really they will be delivered. Prices are subject to change without notice, we can’t be liable for any existing pricing changes, mistakes, typos, misprints or updates. Pictures are for reference only and subject to change without notice.
EM MOTO s.r.l. can’t be liable for any outcome or damage resulting from information found in this web site. Product application are suggested by every manufacturer, we don’t assure correspondence with the OEM part. Our products are not for street legal use or highway use, (except if indicated) they are for racing use only.
Riding a bike is really hazardous, EM MOTO s.r.l.can ‘t be liable for any outcome, damage, injury or death occurred while using our products.
Using product not legal for street use could be considered a crime or be persecuted, EM MOTO s.r.l. disapproves use of racing products outside closed circuits, fairs, sport events.
Contract between Customer and EM MOTO s.r.l. is concluded in Italy and it is subject by the italian law. The parties consent to jurisdiction of venue exclusively in Ancona, Italy.
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.