Sales contract

TERMS AND CONDITIONS

Supplier identification  

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The object goods  of these general conditions are offered for sale by Magistrati racing of Magistrati Marco based in Savona, via Schiantapetto 6 / r, Tax Code MGSMRC74H16D600B VAT number 01253640096, email info@magistratiracing.it hereinafter also referred to as "Supplier".

1. Definitions 

1.1. The expression "online sales contract" means the sales contract relating to the tangible movable property of the Supplier, stipulated between them and the Applicant  as part of a remote sales system through telematic tools, organized by the Supplier. 

1.2. The expression "Applicant" means the consumer who is a natural person who intends to make the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out. 

1.3. The expression "Supplier" means the person indicated in the epigraph or the person providing the supply services.

2. Object of the contract 

2.1. With this contract, respectively, the Supplier sells and the Applicant remotely purchases the movable tangible goods indicated and offered for sale on the magistratiracing.com site via telematic tools. 

2.2. The products referred to in the previous point are illustrated on the page  

3. How to stipulate the contract 

3.1 The contract between the Supplier and the Applicant is concluded exclusively through the internet by accessing the Applicant at www.magistratiracing.com where, following the procedures indicated, the Applicant will formalize the proposal for the purchase of the goods. referred to in point 1 of the previous article.

4. Conclusion and effectiveness of the contract 

4.1. The purchase contract is concluded through the exact compilation of the request form and the consent to the purchase expressed through the adhesion sent online, always after viewing an order summary web page. The printable summary will show the details of the Applicant and the order, the price of the purchased good, the shipping costs and any additional accessory charges, the methods and terms of payment, the address where the goods will be delivered and the existence of the right of withdrawal. 

4.2. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.

5. Methods of payment and reimbursement 

5.1. Any payment by the Applicant can only be made by means of one of the methods indicated in the specific web page by the Supplier e  in the printable information summary referred to in point 4.1. 

5.2. Any reimbursement to the Applicant will be credited through one of the methods proposed by the Supplier and chosen by the Applicant, in a timely manner and, in case of exercising the right of withdrawal, as governed by clause 13, point 2 and following of this contract, at the latest. within 14 days from the date of receipt, at the Supplier's office, of the returned goods. 

5.3. All communications relating to payments take place exclusively on the systems of the bank or Stripe without the "Supplier" being aware of the payment data.

6. Delivery times and methods 

6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Applicant or indicated on the website at the time of the offer of the goods, as confirmed in the printable information summary referred to in point 4.1 ..

6.2. Shipping times may vary from a minimum of 3 to a maximum of 14 working days from the confirmation of the same. In the event that the Supplier is unable to carry out the shipment within this period, prompt notice will be given to the Applicant by e-mail. 

6.3. Shipping methods, times and costs are clearly indicated and well highlighted on the SHIPPING page, as well as in the printable information summary referred to in point 4.1 ..

7. Prices 

7.1. All sales prices of the products displayed and indicated on the magistratiracing.com website are expressed in euros and constitute an offer to the public.

7.2. The sales prices, referred to in the previous point, already inclusive of VAT,  if due and any other tax. 

7.3 Shipping costs and any ancillary charges, if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before placing the order by the Applicant as well as in the printable information summary referred to in point 4.1 ..

7.4 All information regarding the products, as well as the prices, can be found in the descriptive sheet corresponding to each product. In addition, the essential characteristics of the asset  and the price that the Applicant pays, called "total price", are indicated in the printable information summary referred to in point 4.1 ..

8. Product Availability 

8.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay within the limit referred to in point 6.2.

8.2. The Supplier's computer system confirms as soon as possible the registration of the order by sending the user a confirmation by e-mail.

9. Limitation of Liability 

9.1. The Supplier assumes no responsibility for disservices attributable to force majeure, if he fails to execute the order within the time stipulated in the contract. 

9.2. The Supplier cannot be held liable to the Applicant, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers. 

9.3. Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Applicant as a result of the non-execution of the contract for reasons not attributable to him, since the Applicant is only entitled to a full refund of the price paid. 

9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, wire transfers and other means of payment. 

9.5. In no case can the Applicant be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Supplier.

10. Liability for defects, proof of damage and compensable damages: the obligations of the Supplier 

10.1. The damage report by the Applicant must be made in writing and must indicate the product that caused the damage and the date of purchase.

10.2. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered defective. 

10.3. No compensation will be due if the Applicant  was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it. 

10.4. In any case, the Applicant  will have to prove the defect, the damage, and the causal connection between defect and damage. He will also have to keep the product available to the Supplier for possible viewing.

11. Use / destination of the product 

11.1 The Supplier declines any responsibility deriving from the improper use of the products.

11.2 Like all products intended for competitions, Magistrati racing products must be considered differently from products intended for road use and may not be subject to the laws and road codes of the various countries in which they are sold.

12. Guarantees and methods of assistance 

12.1 The Supplier is liable for any lack of conformity that occurs within two years from the date of delivery of the product.

12.2 If the guarantee is recognized, only the defective part will be replaced and retained by the Supplier. 

12.3 If, on the other hand, the guarantee is not recognized, the product  it will in any case be returned to the address indicated by the Applicant.

12.4 If the product sold by the Supplier should show operating anomalies, provided that it is:

-       assembled following the assembly instructions scrupulously;

-       subjected to proper running-in on a vehicle in good condition;

-       not associated with products other than the original ones or racing magistrates; 

the applicant  he must consult the website www.magistratiracing.com, where he will find precise technical information by viewing the specific tables. If this is not enough, together with your mechanic, you can explain the problem in detail by sending an e-mail to info@magistratiracing.it.

12.5 If, following one or more interviews, it should prove necessary to send the product subject to the problem to the Supplier's headquarters, for it to be subjected to a technical check, the Applicant will take care of the shipment detailing the reasons for the return. In the event that the defect is confirmed, the defective piece will be replaced and all shipping costs will be borne by the Supplier.

  Any faults or malfunctions caused by accidental events or by the responsibility of the Consumer User or by a use of the Product that does not comply with its intended use and / or as provided in the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.

12.6 Any faults or malfunctions caused by accidental events or by the responsibility of the Consumer User or by a use of the Product that does not conform to its intended use are therefore excluded from the scope of the guarantee of conformity.

12.7 Products intended for competitive-sporting use and used in high-performance or high-speed applications are excluded from the legal guarantee of conformity, unless there is an obvious case of defects.

13. Obligations of the Applicant 

13.1. The Applicant undertakes to pay the price of the purchased goods within the times and methods indicated in the contract. 

13.2. Once the online purchase procedure has been completed, the Applicant undertakes to print and keep this contract. 

13.3. The information contained in this contract has, moreover, already been viewed and accepted by the Applicant, who acknowledges it, as this step is made mandatory before confirming the purchase.

14. Right of withdrawal 

14.1. In any case, the Applicant has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) days, starting from the day of receipt of the purchased good. 

14.2. If the Applicant decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt to the Magistrati racing address of Magistrati Marco Via Schiantapetto 6 / r -17100 SAVONA provided that such communications are confirmed by sending registered letter with return receipt to Magistrati racing address of Magistrati Marco via Schiantapetto 6 / r - 17100 Savona within 48 (forty-eight) hours thereafter.

14.4. The Applicant cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or risk to deteriorate or expire rapidly and in any other case provided for in consumer protection legislation. 

14.5. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier. 

14.6. The Supplier will refund the price of the goods within 14 days from the date of receipt, at the Supplier's headquarters, of the returned goods

14.7. With the receipt of the communication with which the Applicant communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.  

15. Protection of privacy - Method of archiving the contract 

15.1. Pursuant to the legislation on electronic contracting, the "Supplier" informs the "Applicant" that his orders and personal data will be stored in digital form  on the Internet server and at the headquarters of the "Supplier" itself, according to the confidentiality and security criteria of the privacy regulations in force.

15.2 The personal data communicated to the "Supplier" (eg name, contact details of the "Applicant") will be used only for the purpose of correspondence with the "Applicant" and only for the purpose for which they were communicated by the "Applicant" . The data will be communicated to the company in charge of the shipment, as necessary for the supply to the "Applicant". For the management of payments, the data concerning the payment will be communicated to the credit institution in charge. We ensure that the data of the "Applicant" will not be disclosed to other third parties, unless otherwise required by law or the express consent of the "Applicant".

16. Causes for Termination 

16.1. The obligations referred to in point 13.1  assumed by the Applicant, as well as the guarantee of the successful completion of the payment that the Applicant makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the resolution of contract law without the need for a judicial decision.

17. Communications and complaints 

17.1. The applicant"  indicate in the registration form your residence or domicile, the telephone number or e-mail address to which you wish the Supplier's communications to be sent.

18. Settlement of disputes 

18.1 For all disputes arising from this contract or connected to it, including those relating to its interpretation, validity, effectiveness, execution and resolution, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the "Applicant" if located in the territory of the State.

Online dispute resolution for consumers

The "Applicant" resident in Europe declares to be duly informed of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool to resolve out-of-court, in a fair and inexpensive manner, any dispute relating to and / or arising by contracts for the sale of goods and services entered into online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with the Supplier. 

The Supplier is available to answer any question sent by email to the email address published in this document in the section "Identification of the Supplier".

19. Applicable law and reference - Final clause 

19.1. This contract is regulated by the Italian law; although not expressly provided  the rules of the Civil Code and the Consumer Code apply. 

19.2 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.