Conditions of Sale
General conditions of sale for online purchases on the ESSEMOTO.IT website
Essemoto di Sanfratello Andrea with registered office in Figino Serenza, Via Crocifisso 17, 22060 (CO) - IT, REA number CO-313417 cod. tax SNFNDR89A31E063V, VAT no. 03414020135 makes available to all users the opportunity to purchase the products on the '' Website 'via Internet, delivering all purchases through National and International Shipping Agents to all EU member states
1) General notes
These general conditions of sale ("General Conditions") are governed by the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments) and by the rules on electronic commerce (Legislative Decree No. 70/2003 and smi) and apply exclusively to the distance sale via the web of the Products shown on the website www.essemoto.it, where the "Add to Cart" button is present. In case of variations of the General Conditions, to the purchase order, as specified in the following articles 3 and 4 of these General Conditions (hereinafter "Purchase Order") will apply the General Conditions published on the Site at the time of sending the Order by the Customer
2) Offer to the public
The Products and the Services with the relative Prices as present on the Site constitute an offer to the public according to the methods specified in the General Conditions and on the Site itself. The Conditions of this offer apply only to purchases made on the Website indicated above.
3) Prices
All Product Prices indicated on the Website include VAT. Delivery costs are charged to the Customer and duly detailed in the Purchase Order.
4) Order
Purchase Orders must be made on-line through the order process on the Site. In order to proceed with the completion of the Purchase Order, the Customer may, alternatively, follow the following procedures:
a) In the event that the Customer is already registered on the Site (hereinafter "Site User"), it will be sufficient to enter their login credentials (username and password) by entering them in the "Registered Customers" section.
b) In the event that the Customer is not a User of the Site, it will be sufficient to insert in the appropriate form the required data, necessary to make the Purchase, by accessing the "Buy as a Guest" section. ESSEMOTO reminds that the Customer, before proceeding with the Purchase can at any time become a User of the Site by making the related registration online through the "My profile" page.
The Customer successfully concludes the Order Procedure if the Site does not show any error message (the system can not detect errors in reference to the data entered by the Customer in the field dedicated to the addresses for billing and shipping). The Purchase Contract will be considered concluded between ESSEMOTO and the Customer at the time of receipt of the Order by ESSEMOTO. In this case, ESSEMOTO will acknowledge receipt of the Order by sending an e-mail confirming the order to the e-mail address communicated by the Customer. This Confirmation will summarize the Products selected, the relative prices (including delivery costs, the address for delivery, the order number, the General Conditions of Sale specified therein and any particular Conditions applicable to the individual Order and determined as a result of specific Customer requests ESSEMOTO reminds the Customer to verify with the utmost care and attention the correctness of the data contained in the Order Confirmation and to communicate to ESSEMOTO within 1 hour (one) hours of receipt of any corrections. Order, generated by the system and communicated by ESSEMOTO, must be used by the Customer in any communication with ESSEMOTO.It may occur occasional non-availability of the Products offered, in this case, if the Products chosen by the Customer are not, in whole or in part, available, ESSEMOTO will communicate it to the customer.
5) Method of payment
a. Paypal: payments are made directly on the PayPal site through encrypted pages thanks to the TLS (Transport Layer Security) protocol. ESSEMOTO does not under any circumstances access your account or other sensitive data. For payments made with Paypal, the shipment will be made to the address registered on PayPal
b. Credit Card: Secure payments by credit card: Discover, Carta Aura, Maestro, Visa, MasterCard, American Express, Paypal but without registration or PayPal account and without any surcharge.
c. Postepay recharge : Recharge your Postepay at any Post Office, Online or in a Sisal receiver. Payment must be made within 5 days from the order confirmation. It is advisable once you have recharged to indicate us by e-mail or Whatsapp the Order No. and Date / Time of the Transaction and / or receipt issued
d. Bank transfer: payment by SEPA European Wire Transfer inserting the Order Number / Order Reference as Reason only The order will be processed only after the full amount has been credited to our bank account,
e. Cash on delivery: payment of cash upon delivery of the package (bank checks are not accepted). Available only for deliveries on the national territory (Italy) Increase + € 4.99
e. Soisy installment payment: payment in installments with Soisy S.p.A., you can choose to pay your purchases in installments, financing them with Soisy private loans. The request, streamlined and fast, is made directly online: at the time of the payment method in our cart, by choosing this, a link is displayed to directly access the loan. Payment in installments is available only for residents of Italy.
6) Shipping and Delivery
ESSEMOTO will deliver the order relying on specialized carriers specially appointed by ESSEMOTO throughout the national territory and all EU member states. At the time of delivery, the presence of the Customer or of a trusted person is required to check that the packaging is intact and clean and that the Products received correspond to what is indicated on the Order. In case of visible defects, such as incorrect quantities and / or incorrect Product and non-integrity of the packaging, ESSEMOTO asks the Customer or the entrant of his confidence to report the aforementioned anomalies on the transport document directly to the deliverer accepting the shipment indicating '' Agree with Reserve '' and contact ESSEMOTO denouncing the incident
In the case of:
- The delivery is requested in areas and disadvantaged places will be charged additional costs, in this specific case ESSEMOTO will promptly before shipping to communicate to the customer the cost charged that will decide whether to make or proceed with the cancellation of the order
In order to have all the necessary information related to the costs of these additional services, the Customer may contact ESSEMOTO, before sending the Purchase Order, through the contact channels listed in the "Contact Us" section of the Website.
The Products purchased may remain in storage at the Carrier, at no additional cost, for a maximum of 15 (fifteen) days (calendar). After fifteen days of storage the shipment will be returned to the sender. The stock can have a maximum duration of 15 (fifteen) days (calendar). In case of non-collection of the Products by the Customer within the period specified above, the Order will be automatically canceled and ESSEMOTO will provide notice of cancellation to the Customer with reimbursement of the value of the Order itself reduced the costs of delivery and storage
7) Delivery costs
Delivery costs are charged to the Customer and adequately highlighted and detailed in the Purchase Order and in the subsequent Order Confirmation.
8) Cancellation of Purchase Order
If the non-consumer customer (Professional) wishes to cancel his order, he can cancel the order until the order is processed (preparation in progress), without additional costs. In this case, ESSEMOTO will reimburse the customer the full amount paid by repayment on the same channel used for payment. The cancellation of the order requested after any order is processed involves the receipt of the package by the customer and then proceed with the '' Right of Withdrawal ''
9) Technical information products
The images and technical information posted on the site are derived from the information published or received by the manufacturers of all the products included on the website, therefore, reserves the right to modify / adapt / update the technical and dimensional information of the products of the catalogs, based on what will be communicated by the producers, even without any prior notice. All products in the catalog are intended specifically for the indicated bike (make / model / year) where expressly indicated or in other cases they are compatible / adaptable / universal. The images published are for the sole purpose of representing the products, they are purely indicative and may vary in shades and shades of color and do not constitute a contractual obligation. The applications indicated refer to models for the Italian market
10) Right of withdrawal
If the Customer is a "Consumer", as defined in Article 3 of the Consumer Code, he is entitled to the rights referred to in Article 52 et seq. of the Consumer Code, as amended by Legislative Decree 21/02/2014 n.21, and therefore the right to withdraw from the Purchase Contract (hereinafter "Right of Withdrawal") for any reason, without explanation and without any penalties, with the methods specified below. The Withdrawal may have as object all (Total Withdrawal) or only part (Partial Withdrawal) of the Products purchased by the Consumer. In the case of Products, the withdrawal period expires after 30 (thirty) days from the day on which the Consumer or a third party, other than the Carrier and designated by the Consumer, acquires physical possession of the Product (s) Withdrawal "). The transport costs to exercise the right of withdrawal are charged to the customer
The Notice of Withdrawal can alternatively be sent by e-mail to the following address: amministrazione@essemoto.it
NB: The Right of Withdrawal can not be applied to customized products (Es. Brake Lines, Custom Shock Absorbers, etc.)
11) Legal and Conventional Warranties
a) Legal guarantee for the Customer Consumer: The Consumer Customer (hereinafter, "Consumer"), as defined in art. 3 of the Consumer Code (hereinafter, "Consumer Code", Legislative Decree 6 September 2005, No. 206), has the right to make use of the legal guarantee provided by the Consumer Code itself to Articles 128 to 132. This Guarantee provides , inter alia, that the Consumer, under penalty of forfeiture, denounces to ESSEMOTO the possible conformity defect found by the Consumer in the product purchased within 2 (two) months from the discovery (Article 132, Consumer Code). Following this complaint, the Consumer will have the right to request the repair or replacement of the Product, without prejudice to other rights provided by law in favor of the Consumer. By virtue of the above legal guarantee, ESSEMOTO is responsible for any conformity defects that occur within 2 (two) years from the delivery of the product. Beyond this term, ESSEMOTO, therefore, will not be responsible for the conformity defects found by the Consumer. In case of replacement or repair of the Product, the terms of the warranty for the Product given as a replacement or resulting from the repair, are the same as the original product. Therefore, the two-year total duration of the legal guarantee will in any case start from the delivery of the original product. In order to take advantage of the guarantee, we recommend that you show the purchase document. In any case, reference is made to the regulation of the legal guarantee, to the rules of the Consumer Code referred to in articles 128 and following.
b) Legal guarantee for non-consumer customer (Professional): Professional Customer, as defined in art. 3 of the Consumer Code, has the right to use the legal guarantee provided for in the Civil Code. This Guarantee provides, inter alia, that the Customer is not Consumers, under penalty of forfeiture, denounces to ESSEMOTO any lack of conformity found in the product purchased within 8 (eight) days of discovery. The legal guarantee referred to above is valid for a maximum of 12 (twelve) months from the delivery of the product. Beyond this term, ESSEMOTO, therefore, will not be responsible for the conformity defects found by the non-consumer customer. In order to take advantage of the guarantee, we recommend that you show the purchase document.
12) Homologation
Some products on our site are reserved exclusively for closed circuit competitions and / or competitions and may not be homologated for use on public roads and therefore do not comply with the highway code, with the exception of products explicitly described as homologated. use of products not intended for road use can be considered a crime punishable by law.
13) ODR
The European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial manner any dispute concerning and / or deriving from contracts for the sale of goods and services stipulated on the network.
As a consequence, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following link https://webgate.ec.europa.eu/odr
14) Limitation of responsibility
ESSEMOTO declines all responsibility for damages of any entity, material or physical, even to third parties, due to the application, use, incorrect or inappropriate fitting of all the items marketed. ESSEMOTO is not responsible for any damage or loss, direct and / or indirect, accidents, injuries, minor or serious injuries or deaths and anything else arising from the sale of goods and services offered and marketed. ESSEMOTO assumes no responsibility for delayed and / or non-delivery of the product, for the correspondence of goods to specifications published on the site, for any other fact not directly or indirectly attributable ESSEMOTO undertakes every day to verify the catalog and information techniques received from the manufacturers, we accept no responsibility for inaccuracies, variations in color or / and forms of the product
15) Products
The assembly of the products must be carried out exclusively by specialized and/or authorized workshops.
16) Communications
Any communication may be sent to ESSEMOTO using the contact channels listed in the "Contact Us" section of the Website.