RIZOMA S.R.L. General Conditions of Sale
1.1 These general conditions of sale (the “General Conditions”) govern the sale of such products as accessories for motorcycles/bicycles, metropolitan mobility and personal use (the “Products”) via www.rizoma.com (the “Website”) by:
Rizoma S.r.l., with registered office at Via Quarto 30/32/34,
21010 Ferno (VA)
Tax Code / VAT no. 02595720125, Business Register (REA) no. VA-270509
VARESE Companies Register no. 02595720125
E-mail address: firstname.lastname@example.org
Certified e-mail address: email@example.com
(“Rizoma” or the “Seller”)
All contractual relations between the Seller and any party who purchases from the Website as a “consumer” (the “CustomerCustomer”), pursuant to art. 3, para. 1.a), of Decree 206/2005 as amended (the “Consumer Code”), are governed by the version of these General Conditions published on the Website at the time when the Customer submits the purchase order. These General Conditions are an integral and essential part of each offer, purchase order and order confirmation.
1.2 They apply to all purchases made via the Website and may be read, downloaded and saved to a personal browsing device in a legible format (e.g. pdf).
1.3 The Seller reserves the right to modify these General Conditions at any time, at its sole discretion, without need to give notice of any kind to users of the Website. Any changes made will take effect as soon as they are published on the Website and will apply solely to sales completed from that time. Customers are invited to print a copy of these General Conditions for future consultation.
2. Ordering process and completion of the Contract
2.1 The presentation of Products on the Website does not represent a binding offer by the Seller, but merely an invitation to consumers to complete a contract for the purchase of goods (the “Contract”).
2.2 Purchase orders submitted to the Seller by the Customer via the Website represent offers to complete a contract. The Contract is deemed completed on acceptance of the order, in whole or in part, by the Seller in the manner described in art. 5.4 below. By submitting orders in an established manner, the Customer confirms having read all the indications provided to him/her during the purchasing procedure and his/her unconditional acceptance of all the General Conditions and payment terms described below, without reservations of any kind.
2.3 These General Conditions, as published on the Website and accepted by the Customer when purchasing and/or when registering with the Website, govern specifically and without subordination all purchases completed via the Website between the Seller and the Customer, regardless of his/her nationality.
2.4 After completing the on-line purchasing procedure, the Customer will arrange to print or save an electronic copy of these General Conditions and, in any case, to retain them pursuant to art. 49 et seq. of the Consumer Code that governs distance selling.
3. Registration with the Website
3.1 In order to purchase Products presented on the Website, the Customer must create an account and accept these General Conditions. Failure to accept these General Conditions will make it impossible to make purchases from the Website.
3.2 Registration with the Website is free of charge. In order to register and access his/her personal area of the Website, the Customer must complete the registration form by inputting the required personal data (name, surname, e-mail address) and a password (the “Registration Credentials”). Successful registration is confirmed in an e-mail sent to the address provided by the Customer. If purchases are made following registration, the Customer will be requested to supplement his/her account details with additional information, such as shipping address and invoicing address, if different.
3.3 Customers are only allowed to create an account if they are adults and agree to use the Website solely for purposes unrelated to their commercial, business or professional activities.
3.4 The Customer may modify the Registration Credentials at any time by accessing the Website and clicking on the “Your account” section found top-right on the Home Page.
3.5 The Registration Credentials are personal to the Customer and cannot be assigned to third parties. The Customer must notify the Seller without delay if improper use of his/her Registration Credentials is suspected.
3.6 The Customer has sole responsibility for all access made to the Website via the Registration Credentials and is directly liable for all losses or adverse outcomes caused to the Seller or third parties by improper use, losses or misappropriation by others, or by incorrect custody of his/her Registration Credentials. All transactions carried out using the Registration Credentials are deemed made by the Customer to whom they relate.
3.7 The Customer must inform the Seller immediately if there is reason to believe that his/her Registration Credentials have been stolen or, in general, used by third parties.
3.8 The Seller reserves the right to refuse any order that appears anomalous in terms of the number of Products purchased or the frequency of purchases made via the Website.
3.9 The Customer agrees to hold free the Seller from all compensation and/or penalty claims deriving from and/or related to infringement by the Customer of the instructions contained in this section of the General Conditions.
4. Use of the Website
4.1 While using the Website, the Customer is expressly forbidden to: (i) interfere or attempt to interfere with the proper functioning of the Website, such as - but without limitation - by modifying and/or restricting access to the Website or other accounts, computers or networks connected to the Website, using viruses and/or, in general, any other software embedded in the browser or, more generally, in the device used by the Customer to connect to the Website; (ii) target e-mail lists, any other form of auto-responder or spam towards the addresses indicated on the Website, or activate scripts, robots or, in general, any automated or manual method for gaining unauthorised access to the Website, execute scrapes and/or crawls and/or, in general, acquire, copy, transmit or mirror any content presented on the Website or, in general, use any other processes that impede the functioning of the Website; and (iii) decipher, decompile, disassemble, decode or otherwise attempt to extract secret and/or private codes or algorithms related to the Website.
4.2 The Website and all its content including, solely by way of example, texts, lists, guides, photographs, manuals, illustrations, images, audio/video clips and advertising materials, as well as trademarks, logos, domain and company names, and all other materials that may be covered by ownership rights (including source code) and/or any other intellectual property (hereinafter, together, the "Materials"), are owned by Rizoma or by third parties that have licensed them to Rizoma and are protected from unauthorised use, copying and dissemination by the domestic laws governing copyrights, trademarks and advertising, as well as by other international laws and treaties governing intellectual property rights.
4.3 Nothing contained in these General Conditions and/or on the Website shall be interpreted as the implicit grant, due to acquiescence or otherwise, of a licence or right to use any of the Materials, in any way, without prior written consent from Rizoma or the third party that owns the Materials or intellectual property published on the Website.
4.4 Without authorisation, it is prohibited to copy, reproduce, modify, republish, update, download, send by post, transmit, assign, distribute or duplicate the Materials or otherwise use them improperly.
5. Completion of the Contract
5.1 After selecting Products to be purchased, the Customer can add them to the trolley by clicking on the related Website button (the “Trolley”). When submitting an on-line order for Products added to the Trolley, the Customer agrees to purchase them at the price indicated in the illustrative materials presented in the relevant section of the Website, and on the terms contained in the version of these General Conditions current when the order is submitted.
5.2 The Seller sends an e-mail (the “Confirmation Message”) to confirm completion of the Contract for the Products selected by the Customer. In addition to a copy of the General Conditions current at the time of purchase, the Confirmation Message includes inter alia all the data input by the Customer, so that s/he can check its accuracy and, if necessary, inform the Seller promptly about any corrections to be made.
5.3 The Customer can only purchase Products available in the e-catalogue of the Website when the order is submitted, as described in the related information sheets.
5.4 Products no longer on sale may sometimes appear to be available, due to an IT, technical, system or other error. In that case, the system will not allow the purchase to be completed. Should the Customer nevertheless manage to complete the purchase, the Seller will inform the Customer promptly by e-mail and the Contract will be understood not to have been completed. If payment has already been made, the Seller will reimburse the cost of the Product purchased within 5 (five) days, commencing from the date on which payment was received.
6. Price and shipping expenses
6.1 The selling price of the Products includes standard packaging, VAT if applicable and any indirect taxes (also if applicable).
6.2 Should the Customer determine, when selecting Products on the Website as discussed in art. 5.1 above, that the prices of one or more Products to be selected for subsequent purchase are clearly different to those indicated in their descriptions, after considering any discounts and/or promotions in force at the time, the Customer is kindly requested to refrain from completing the purchase order and to report the technical error to the Seller, by sending an e-mail to the address indicated in art. 1.1.
6.3 If the Products are to be delivered to a non-EU country, the total price indicated in the order and stated in the Confirmation Message will exclude any customs duties and charges and any other sales taxes applied locally, which the Customer hereby agrees to pay directly, if due, in addition to the price stated in the Confirmation Message, in accordance with the legal requirements of the country to which the Products will be delivered. The Customer is invited to contact the competent bodies in his/her country of residence, or in the destination country of the Products, for information about any customs duties, charges or taxes that may be applied there.
6.4 Additionally, the Customer must bear, solely and exclusively, any and all other costs, charges, taxes and/or levies that a given country might apply, for whatsoever reason, to Products governed by the Contract and ordered in accordance with these General Conditions.
6.5 When submitting an order to the Seller, unawareness of the costs, charges, customs duties, taxes and/or levies referred to in arts. 6.3 and 6.4 above cannot and shall not represent a reason to terminate the Contract and, furthermore, the above unexpected expenses cannot and shall not be recharged to the Seller, in any way, for whatsoever reason.
6.6 Unless expressly envisaged otherwise when submitting an order, the related shipping costs are not included in the purchase price indicated for each Product. They are calculated and displayed on completion of the purchasing procedure, prior to completing the Contract and making payment.
6.7 The Seller is entitled to modify the prices of Products at any time. In all cases, the Products purchased will be charged to the Customer at the prices indicated on the Website when the Contract was completed and stated in the Confirmation Message.
7. Methods of payment
7.1 The Customer may pay for the Products using: credit/debit cards and/or electronic payment apps PayPal, PagOnline Imprese. The selected payment instrument is charged immediately on submission of the order. To ensure transaction security, the Seller reserves the right to ask the Customer for supplementary information or for copy documents confirming that the payor is the authorised account holder. The Seller does not obtain, and is unable to obtain, information about the payment card of the Customer at any time during the purchasing procedure. Such information is sent via a secure connection directly to the provider of the payment gateway service that administers the transaction.
7.2 If the order is cancelled, either by the Customer or because refused by the Seller, the latter will immediately request cancellation of the transaction. The cancellation times for each type of card are entirely dependent on the banking system. Once the transaction has been cancelled, the Seller cannot be held liable under any circumstances for any direct or indirect losses caused by banking system delays in reimbursing the amount concerned.
7.3 The Seller reserves the right to ask the Customer for supplementary information (e.g. home telephone number) or to send copy documents confirming that s/he is the authorised holder of the payment card used. In the absence of the requested documentation, the Seller reserves the right to refuse the order.
7.4 If payment is made by credit card, the Customer will be transferred to a protected website and the card data input will be communicated directly to the payment service provider working on behalf of the Seller. The above data will be sent in a protected manner, with encryption using either the SSL (Secure Socket Layer) or TLS (Transport Layer Security) system.
7.5 The Seller is not able to save information about the credit card of the Customer at any time during the purchasing procedure, as it is sent via a secure connection directly to the website of the bank that administers the transaction. The above data will not be stored in any database or file by the Seller. Accordingly, the Seller cannot be held responsible under any circumstances for any fraudulent or improper use of credit cards by third parties when paying for the Products purchased.
7.6 When required by the applicable legislation, the Seller will issue and send a tax receipt together with the Products. The tax document will be issued using the information provided by the Customer at the time of purchasing. Once issued, the tax document cannot be changed.
8. Shipment and delivery of the Products
8.1 All Product shipping expenses are borne by the Customer. The amount is notified by the Seller before completion of the purchase.
8.2 The Website/Confirmation Message indicates the estimated lead time for execution of the order and delivery of the Products. The Seller can only accept orders for delivery in the countries indicated during the purchasing procedure.
8.3 The Seller reserves the right to refuse orders for delivery in locations not included among the options offered on the Website. Delivery cannot be made, under any circumstances, to PO boxes or on a poste restante basis.
8.4 The Products purchased will be sent by courier (the “Carrier”) and delivered on working days (therefore excluding Saturdays, Sundays and local and public holidays), by the deadline notified/indicated by the Seller (except in the event of force majeure or unforeseeable circumstances) and, in all cases, by and no later than thirty days from the Contract completion date. If delivery is not made by the specified date, the Customer may contact the Seller at the addresses indicated in art. 1 above.
8.5 The Customer must provide all necessary Product delivery information when registering with the Website and completing his/her profile, including the shipping address and telephone number of the intended recipient, if different to the person who placed the order. Deliveries will always be made personally to the recipient named by the Customer at the time of purchase, who will be identified on the delivery note. The Customer expressly accepts that the Carrier has the right to request suitable identification at the time of delivery.
8.6 Upon delivery of the Products by the Carrier, the Customer must check that the packaging is whole and not damaged, wet or altered in some way, including its seals.
8.7 Any damage to the Product packaging or difference in the number of packages or discrepancies in the personal details of the recipient must be reported immediately to the Seller, providing evidence for any defects in the form of suitable photographic documentation.
8.8 Without prejudice to the above, the Customer is entitled to lodge complaints about any defects found in the Products received, on the conditions established in art. 10 below.
8.9 The risk of loss or damage to the Products purchased is only transferred from the Seller to the Customer when the latter takes physical possession of them and does not report promptly the defects referred to in art. 8.5 above, in the manner described in art. 10 below.
8.10 The Customer obtains ownership of the Products purchased on payment in full of the amount due for their purchase, including any shipping expenses.
8.11 If delivery cannot be made due to absence of the recipient, the Customer will receive relevant instructions from the Carrier.
9. Right to withdraw
9.1 Pursuant to art. 52 et seq. of the Consumer Code, the Customer is entitled to withdraw from the Contract for any reason, without need for explanations and without any penalty, within 14 (fourteen) days of the delivery date, being the date on which the Customer or his/her nominee obtains physical possession of the Product, on sending a written communication to the Seller at the addresses indicated in art. 1 above, prior to the deadline established for withdrawal and, preferably, using the standard withdrawal form.
9.2 Following exercise of the right to withdraw in the manner envisaged in art. 9.1, the Customer must return to the Seller the Products for which the right to withdraw has been exercised, within 14 (fourteen) days from the date of notifying such withdrawal to the Seller. The Customer is entitled to exercise the right to withdraw solely in relation to the entire Product purchased and, therefore, cannot withdraw in relation to an individual part and/or component of the Product purchased.
9.3 The Products for which the Customer has exercised the right to withdraw will be returned by the Customer without charge in their original packaging, using the collection courier selected by the Seller, together with everything else originally delivered to the Customer. A copy of the Confirmation Message sent by the Seller must be included in the return packaging.
9.4 The Seller will reimburse the amount paid by the Customer, including the shipping expenses, by crediting the payment instrument used by the Customer to make the purchase without undue delay and, in any case, within 14 (fourteen) days of receiving back the Products purchased.
9.5 On arrival at the warehouse, the Products for which the Customer has exercised the right to withdraw will be examined to identify any damage or tampering not incurred during transportation. The Customer will be responsible for any reduction in the value of the Products caused by handling them differently to that necessary in order to establish their nature, characteristics and operation and, in this regard, the Seller reserves the right to withhold an amount deemed reasonable, at its sole discretion, to cover such reduction in value.
9.6 If the Products returned are found to be damaged (e.g. with signs of wear, abrasions, scrapes, scratches, deformations etc.) or are not accompanied by all their elements and accessories (including unaltered labels and tags attached to the Products), by their attached instructions/notes/manuals, by their original wrappings and packaging, or by their warranty certificates, if any, the Customer will be liable for the reduction in their value and will be entitled to reimbursement of an amount equal to their residual value.
10. Legal warranty
10.1 All Products purchased by the Customer are warranted against non-conformities for a period of 24 (twenty-four) months from their delivery date, pursuant to art. 130 et seq. of the Consumer Code. All warranties are void if the Products are not used for their normally intended purpose, and/or in accordance with the related instructions/warnings given by the Seller or stated in the related explanatory documentation.
10.2 If a purchased Product has manufacturing defects or, in any case, an alleged non-conformity, the Customer must contact the Seller at the addresses indicated in art. 1 above, sending suitable photographic documentation of the fault or defect encountered.
10.3 Within the limits envisaged by law, the Customer is entitled to request the repair or replacement without charge of Products that have defects or non-conformities. Alternatively, if none of the above remedies are available, the Customer may either obtain a reduction in the price of the Products purchased (with partial reimbursement by the Seller via the payment instrument used to make the purchase) or terminate the Contract. Should the Customer fail to notify the Seller about the non-conformity within 2 (two) months of the date on which it became known, the Customer will lose the rights envisaged in this article, which are consistent with the Consumer Code.
10.4 Defective Products may be returned by courier, with shipment to the Seller at the addresses indicated in art. 1 above.
10.5 If a courier is used, the shipping expenses incurred to return the Products for repair or replacement as envisaged in this article will be borne by the Seller, together with the cost of sending the repaired or replaced Products back to the Customer.
10.6 Without cost to the Customer, the Seller will arrange to restore the conformity of the Products, or to replace them with new ones, within 14 (fourteen) working days of receiving the returned Products. If the Products are unavailable, it is understood that the Seller will notify termination of the Contract and arrange to return the price paid.
10.7 Any reimbursement due following termination of the Contract or reduction of the price will be made via the same payment instrument used by the Customer to make the purchase.
11. Limitation of the liability of the Seller
11.1 The Seller is not liable for losses of any kind deriving from use of the Products in ways that are improper and/or inconsistent with the instructions given, or that infringe any specific rules and regulations that apply. The Seller may only be held liable for the infringement of its own contractual obligations.
11.2 Without prejudice to the provisions of art. 10 above, the Seller does not make any statements and/or give any warranty, whether express or implied, regarding the ability of the Products to satisfy the needs of the Customer.
11.3 The Seller cannot under any circumstances be held liable for:
11.3.1 errors in payments made via the service offered by the third-party provider, due to failure by the Customer to connect or to interruption of the connection;
11.3.2 any losses caused by the suspension or interruption of the website of the payment service provider;
11.3.3 any losses deriving from third-party cyber attacks on the website of the payment service provider that modify the information presented on that website.
12. Force majeure
12.1 To the extent allowed by arts. 1463 an 1464 of the Italian Civil Code, the Seller declines responsibility for any failure to perform or delay in performing any of its contractual obligations caused by events beyond its reasonable control (force majeure).
12.2 A force majeure event comprises any action, event, omission or incident that occurs beyond the reasonable control of the Seller; for example, but without limitation, due to:
(i) strikes, lockouts or other industrial action;
(ii) fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural catastrophes;
(iii) inability to use railways, sea, air or motor vehicle transportation, or other forms of public or private transportation;
(iv) deeds, decrees, legislation, regulations or restrictions imposed by governmental authorities;
(v) civil insurrections, revolts, invasions, actual or threatened terrorist attacks, wars or preparation for armed conflicts.
12.3 Satisfaction by the Seller of its obligations under the Contract will be suspended for the entire duration of the force majeure event; accordingly, the performance deadline will be extended by a period equal to that duration. The Seller will do everything reasonably within its power to satisfy its contractual obligations, despite the force majeure event.
13. Customer data and privacy protection
13.1 The Customer is requested to provide certain personal details via the Website in order to register, submit the order and, therefore, complete the Contract in accordance with these General Conditions.
13.3 The Customer confirms and guarantees that the data provided to the Seller during the registration and purchasing procedures is true and correct.
13.4 The Customer may update and/or modify the personal data provided to the Seller at any time, via the “Your account” section of the Website, which is accessible following authentication.
13.6 With regard to credit card payment data, the Seller makes recourse to third-party service providers that adopt technological systems capable of guaranteeing maximum reliability, security, protection and confidentiality when transmitting information via the Internet.
14. Applicable law and jurisdiction
14.1 The Contract between the Seller and the Customer and these General Conditions are governed by Italian law and, in particular, by the Consumer Code, without prejudice to any mandatory regulations that must be applied to Customers resident in countries other than Italy.
14.2 Any and all disputes relating to the interpretation, validity and/or execution of these General Conditions, and/or each Contract between the Seller and the Customer, will be referred to the sole territorial jurisdiction of the court responsible for the place of residence or domicile of the Customer.