ORDER

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

EM MOTO s.r.l. accepts orders with delivery to almost all countries worldwide.

The contract entered into between EM MOTO s.r.l. and the Customer shall be deemed concluded upon EM MOTO s.r.l.'s acceptance (by email) of the order.

By placing an order, the Customer declares that they have read all the information provided to them during the purchase process and that they fully accept the general terms and conditions and payment terms set out below.

Once the online purchase procedure has been completed, the Customer is required to print or save an electronic copy and, in any case, to retain these General Terms and Conditions of Sale, in compliance with the provisions of Articles 3 and 4 of Italian Legislative Decree 185/1999 on distance selling.

The Customer waives any right to compensation or indemnity, as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance or non-fulfillment, even partial, of an order.

PURCHASE METHODS

The Customer may only order the products listed in the EM MOTO s.r.l. electronic catalog at the time of placing the order and viewable online at the address (URL) https://www.em-moto.com, as described in the relevant information sheets. It is understood that the image accompanying a product's description sheet may not be perfectly representative of its characteristics but may differ in color, size, and accessory products shown in the image.

Orders can be placed simply by entering the required information during checkout without necessarily having to register on the site, or by registering on the site and thereby gaining access to information regarding the ORDER STATUS (see dedicated section).

EM MOTO s.r.l. confirms the correct receipt of the order by sending an email to the email address provided by the Customer. The response is generated automatically by the system and cannot be considered as acceptance of the order in itself, but only as confirmation of receipt of the order.

This confirmation message will indicate the Date and Time of order execution and a Customer Order Number, to be used in any further communication with EM MOTO s.r.l. The message contains all the information entered by the Customer, who undertakes to verify its accuracy and to promptly communicate any corrections, in the manner described in this document.
The order confirmation is sent at the same time as the shipment for unregistered customers.
Registered Customers can view the status of their order in the private area "My Account->My Orders".

ORDER STATUS

The order status can only be viewed by registered customers in the private area "My Account->My Orders".

There are three statuses that can be viewed, and they identify the three possible statuses of the order:

Pending: The order has been placed by the customer, but the payment has not yet been credited. If the payment is not credited within 10 days, the order will be canceled.

Processing: The payment has been credited. The order will normally be shipped within 24 hours and, in any case, within a maximum of 10 days.

Complete: The order has been shipped. From the time the product actually arrives, the Customer will have a maximum of 10 days to exercise the right of withdrawal.

In the event of withdrawal, the order has been refunded and therefore definitively Closed.
In the event of non-payment, the order is Canceled. (In this case, it will still remain in the Customer's order list and can be renewed).

PAYMENT METHODS

Bank transfer: The details for the bank transfer will be displayed and sent by email after selecting the payment method during the checkout process. The goods will be shipped only after the amount due has been effectively credited to the bank account. Payment must be made in EUROS.

Credit cards (Banca Sella): The Banca Sella - gestpay - axerve network is used for credit card payments. No sensitive data is recorded by our website. Credit cards are validated and registered with the GestPay network. The customer has the option of storing their card with the GestPay network to reuse it for future payments (registered customers only).

Scalapay: available for Austria, Belgium, the Netherlands, Finland, France, Germany, Italy, Portugal and Spain. If you buy with Scalapay, you receive your order immediately and pay in the number of installments you have chosen. You acknowledge that the installments will be assigned to Incremento SPV S.r.l., to related parties and to their assignees, and you authorize this assignment.

Klarna: available for Germany, Austria, the Netherlands, Belgium, France, Italy, Spain and Portugal. In order to offer you Klarna payment methods, at checkout we may pass your personal data to Klarna in the form of contact and order details, so that Klarna can assess your suitability for its payment methods and customize these payment methods. The user's personal data that is transferred is processed in accordance with Klarna's Privacy Policy.

Multisafepay: Available payment solutions include Mastercard, Visa, American Express, Maestro (Europe), Bancontact (Belgium), iDEAL (Netherlands), Sofort Banking (Europe), Giropay (Germany), MyBank (Italy), Apple Pay, and Google Pay.

PayPal or Credit Cards: Payment by credit card or PayPal account is redirected to the PayPal website to ensure maximum security. You do not need to have a PayPal account, as you can pay with most credit cards without registering.

Postal Money Order: Simply go to any post office and ask to fill out a money order form, entering the information displayed on the website and sent by email after selecting the payment method during the checkout process. The items will be shipped only after actual receipt of the amount due.

Cash on delivery: payment in cash (banknotes) upon delivery. Available only for deliveries in Italy. Cash on delivery incurs an additional cost of €10 and is not considered as confirmation of the order. The Customer will be contacted as soon as possible to make further arrangements.

INVOICING

For each order placed, EM MOTO S.r.l. issues an invoice (or receipt) for the items shipped, which is enclosed with the order packaging, pursuant to Article 14 of Italian Presidential Decree 445/2000 and Italian Decree-Law 52/2004. For the purpose of issuing the invoice, the information provided by the Customer at the time of placing the order shall prevail. No changes to the invoice will be possible after it has been issued. It is not possible to obtain separate invoices for individual products belonging to the same order.

SHIPPING

CHARGES

Shipping costs may be free (included in the sale price of the goods) or charged to the Customer. You can check whether they apply and/or their exact amount during the checkout process simply by entering some information about the destination. The Customer shall pay for the goods and any shipping costs using the method chosen at the time of placing the order. The Customer owes nothing more to EM MOTO s.r.l. than the order total, unless otherwise agreed and confirmed by the Customer (e.g., adding products to the order).

TIMEFRAMES

The ordered items are generally shipped within 5 to 15 business days from the date of receipt of payment. The exact number of days required for shipping may vary for reasons of a different nature, such as the nature and size of the goods, the actual quantity in stock  and contingent circumstances.

For more details on the estimated shipping time for one or more specific products, see the dedicated section within each individual listing (at the top, under the photo gallery). For further confirmation (for example, if urgent shipping is required), please do not hesitate to contact us by email or phone before and/or after placing your order.

METHODS

EU countries: Shipments are mainly made through an express courier service* (BARTOLINI, TNT, SDA, etc.). In the case of domestic shipments (Italy), delivery will be made by the same transport company that collected the goods, while in the case of international shipments (EU countries), delivery may be entrusted to a transport company operating in the destination country (e.g. TNT, DPD, EXAPAQ, CHRONOPOST, UPS, DHL, etc.).

Non-EU countries: Shipments can be “standard”** (generally through the Italian Postal Service) or “express”* (through an express courier service such as BARTOLINI, TNT, SDA, UPS, DHL). Delivery may be entrusted to a shipping company operating in the destination country (e.g. TNT, DPD, EXAPAQ, CHRONOPOST, UPS, DHL, etc.).

* In the case of shipments made via express courier, the Customer will be informed on the same day that the goods are shipped, via email (to the registered email address), about how to track the progress of the package online.

** In most cases, for “standard” shipments to non-EU countries, the Customer does not have the option of tracking the package's progress online. In any case, we will send a copy of the shipping document by email, from which you can obtain useful information for any inquiries you may wish to make at the destination post office.

DELIVERY

TIMES

EU countries: The delivery time for the goods generally varies (except in cases due to any delivery problems) from 1 to 3 business days from the shipping date for domestic shipments (Italy) and from 2 to 5 business days for other countries (EU countries).

Non-EU countries: The delivery time for the goods generally varies (except in cases due to any delivery and/or customs clearance issues) from 5 to 20 business days from the shipping date for “standard” shipments and from 3 to 6 business days for “express” shipments.

METHOD

Delivery is usually carried out by a transport company operating in the destination countries (e.g. TNT, DPD, EXAPAQ, CHRONOPOST, UPS, DHL, etc.), which may not be the same company that took charge of the shipment in the country of origin.

CONDITIONS

Unless explicitly indicated by our Customer Service, delivery is understood to be at street level. Upon delivery of the goods by the courier, the Customer is required to check:

• The number of packages being delivered corresponds to the number indicated in the accompanying document.
• The identity and quality of the products, if indicated on the packaging, correspond to those indicated on the invoice.
• The invoice, contained in the special envelope affixed to the outside of one of the packages, which must be detached and retained.
• Any discrepancy in the number of packages or the information shown on the transport document, as well as any loss or damage, must be reported to the carrier immediately. If the goods are accepted, they must be accepted "subject to verification" in writing. Once the courier's document has been signed, the Customer may not raise any objection regarding the external condition of the delivered goods.

EM MOTO s.r.l. cannot be held liable in the event of a delay in processing the order or delivering the ordered items.

CANCELLATION

The Customer may cancel the order until it has been shipped. Once the goods have been shipped, the Customer may, after having received them (and possibly also paid the amount due in the case of payment on delivery), withdraw from the contract in accordance with the procedures provided for by law.

WITHDRAWAL

RIGHT OF WITHDRAWAL

In accordance with the provisions of Italian Legislative Decree No. 206 (Consumer Code and subsequent amendments and additions), the Customer has the right to withdraw from the purchase within 14 days from the date of delivery of the goods.

The right of withdrawal is reserved exclusively for private consumers and may be exercised provided that the item has not been damaged, worn or altered and is returned in its original packaging.

RETURN PROCEDURE

To exercise the right of withdrawal, the Customer can initiate the procedure directly online:

• Registered Users:

  • Log in to your reserved area "My Account"

  • Go to the "My Orders" section and click on the "Return/Exchange" button next to the order in question.

• Guest Users:

  • Click on the link "Orders and Returns" in the footer of the website

  • Fill out and submit the form to access the order details, then click on "Return / Exchange".

Once the request has been submitted through the system, the goods must be shipped at the Customer's responsibility and expense within 14 days to the following address:

EM MOTO s.r.l.
Via del Mare 30
62019 Recanati (MC)
Italy

The original proof of purchase/receipt must be included inside the package. The refund will be processed promptly upon receipt of the goods at our premises and after verification of their condition.

EXCHANGE (SIZE CHANGE)

In the event of an error during the purchase (e.g. wrong size or incorrect compatibility), the Customer may request the replacement of the purchased product within 14 days of delivery.

EXCHANGE PROCEDURE

• Registered Users:

  • Log in to your private area "My Account"

  • Go to the "My Orders" section and click on the "Return/Exchange" button next to the order in question.

• Guest Users:

  • Click on the link "Orders and Returns" in the footer of the website

  • Fill out and submit the form to access the order details, then click on "Return / Replacement".

The product to be replaced must be shipped at the Customer's expense to the address indicated above within 14 days, accompanied by the original receipt.

Upon receipt of the package, our technicians will check for any signs of wear, damage, or alteration to the product and its original packaging. Once the inspection has been passed, we will send the replacement product.

REFUND

The refund method varies depending on the method used to pay for the order:

• If the order was paid for through the PayPal system (PayPal account or credit card), the refund will be made through the same PayPal system. Therefore, either the amount will be credited back to the Customer's PayPal account (for payment made through a PayPal account) or the transaction will be reversed from the credit card (for payment by credit card).
• If the order was paid by bank transfer, postal order, PostePay or cash on delivery, the refund will be made by bank transfer. You will therefore need to provide your bank account details (bank, account holder, IBAN number, and SWIFT/BIC code).

TAXES

The website shows prices Including Taxes (Italian VAT included) and Excluding Taxes (Italian VAT not included).

• For orders destined for the national territory (Italy) or EU member states (EU countries), taxes will be Included in the order total. In this case, the Customer must pay EM MOTO s.r.l. for the order including taxes, and nothing further will be requested by the shipping company or the customs office upon delivery of the ordered goods.
• For orders destined for countries outside the EU (non-EU countries), taxes will be excluded from the order total. In this case, the Customer must pay EM MOTO s.r.l. for the order excluding taxes. Upon delivery of the goods, the Customer may be asked directly by the shipping company or the customs office to pay a “duty”, the existence and possible amount of which depend exclusively on the regulations in force in the country of destination.

Taxes will be automatically included or excluded from the order total during the checkout process simply by entering some information about the destination of the goods. The Customer will be able to confirm whether or not taxes are included and, if applicable, find out the exact amount of these taxes before finalizing the order.

CURRENCY

The default setting for displaying the prices of products for sale on the website is in EUROS*.

You can view prices in any currency by selecting it in the “CURRENCY” section at the top of each page of the site.

The values are based on the international exchange rates against the Euro in effect at any given time and, as such, are subject to very frequent fluctuations and variations. Therefore, they cannot be considered entirely reliable for the purpose of determining the exact equivalent value of the price in your currency.

* In the case of payment through the PayPal network (PayPal account or credit cards), the total amount of the order will be automatically converted into euros, and the transfer can only be made in this currency. In the case of payments by bank transfer, money order or PostePay, the amount must be transferred in euros.

APPROVAL

The products sold by EM MOTO S.r.l. may be APPROVED (limited to countries belonging to the European Union) or NOT APPROVED for use on public roads. If a product is APPROVED (according to one or more regulations), this is generally specified in the product description itself. If, on the other hand, the product is NOT APPROVED, it is intended solely for use in sporting events on tracks or closed circuits, as well as at trade fairs or exhibitions.

For clarifications regarding these specifications, please consult the website of the manufacturer of the item in question and/or request further information from EM MOTO s.r.l.

WARRANTY

All products sold by EM MOTO s.r.l. are covered by the manufacturer's standard 12-month warranty (pursuant to Italian Decree-Law 24/02). Private consumers also benefit from a 24-month warranty for lack of conformity. To benefit from warranty service, the Customer must retain the purchase invoice.

In the event that a product sold by us has defects or malfunctions, you must contact us at the email address info@em-moto.com. One of our technicians or, if necessary, a technician from the manufacturer will assess whether the problem can be resolved without returning the product (e.g., incorrect configuration or missing accessory). If, on the other hand, our technical support confirms the defect, an RMA (Return Merchandise Authorization) number will be provided, which can be used to return the product for repair or replacement.

The costs of return and reshipment are free (borne by EM MOTO s.r.l.) if the product is DOA (Dead On Arrival) within 10 days of delivery; after this period, they will instead be the responsibility and at the expense of the Customer.

A Private Consumer is defined as a natural person who purchases goods for purposes unrelated to their professional activity, or who makes the purchase without indicating a VAT number on the order form. The Private Consumer is therefore covered by the seller's warranty (2 years from delivery), including 1 year of the manufacturer's standard warranty.

A Professional User is defined as someone who purchases for professional purposes, i.e. with a VAT number. The Professional User benefits only from the manufacturer's standard warranty (1 year from delivery, unless extended by the manufacturer).

The warranty does not apply to damage caused by improper use, abuse, accidents, unauthorized repairs, or inadequate packaging of the product shipped to EM MOTO s.r.l.

LIABILITY

We strive to keep this website as up-to-date as possible, but due to the very nature of the products and the manufacturers' ongoing commitment to achieving ever-higher quality standards, we cannot guarantee that the information and images accurately and optimally describe the products. Although the prices, descriptions, images, applications, and, in any case, all the information on this site are correct, they may contain errors, inaccuracies, or publication errors, and may be updated or subject to updates at any time, without EM MOTO s.r.l. being held liable for this.

EM MOTO s.r.l. cannot be held liable to any person for any special, indirect or consequential damages, delays or loss of profits related to this material. The applications of each product are suggested by the individual manufacturers. We do not guarantee that they match the original spare parts. Riding a motorcycle can be dangerous for yourself and others. EM MOTO s.r.l. can never be held liable for direct or indirect damages, accidents, injuries, wounds, deaths or anything else that occurs when using the products sold on this site.
Using products not intended for use on public roads may be considered an offense, punishable by a fine, imprisonment or otherwise prosecutable under the laws of the state in which they are used. EM MOTO s.r.l. disapproves of the use of products not intended for use on public roads outside of sporting events, racetracks, closed circuits, as well as trade fairs or exhibitions.

Applicable law

The sales contract between the Customer and EM MOTO s.r.l. is understood to be concluded in Italy and governed by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction is that of the Court of reference in their municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Ancona.

PRIVACY

See the dedicated section here