General conditions of Sale
This document regulates the relationship between users and the owner, as better identified below, in relation to commercial transactions carried out on the www.ryanmotorsport.net site ("User / Users" and "Site").
In the event that the User does not wish to accept these conditions, he is not authorized to use the services offered on the Site.
The Site can be used by the User exclusively for personal, non-commercial or entrepreneurial purposes. By accessing it, therefore, the User undertakes to make personal and non-commercial or entrepreneurial use of the Site, its content and the information contained therein.
By accessing the Site and accepting these general conditions ("General Terms of Sale"), the User declares to be an older person, possessing the capacity to act and to be well aware of the warnings and precautions use for the use of the products marketed by the Owner through this Site.
Article 1: Owner
The User acknowledges that the owner of the Site is Ryan Motorsport Srls, with registered office in Palermo, via Raffaele La Valle, 4, P.I. E-mail: firstname.lastname@example.org
Article 2: Object
The Site relates to distance selling, through telematic tools organized by the Owner, of products and spare parts for cars (hereinafter, for the sake of brevity, "Product / Products").
Article 3: Finalization of the contract
3.1 Purchase Order
In order to place the purchase order of a Product ("Order"), the User must select the Product or Products that he intends to purchase with the registration methods of his purchase choice indicated on the Site.
Furthermore, at the time of selection, the User is informed of the total price to be paid to the Owner for the selected Product or Products, including the cost of any delivery costs and any taxes, of the main characteristics of the Product / Products selected and the relative instructions for use and warnings, the methods of payment, the conditions for withdrawal and the clarification that the completion of the purchase order implies the obligation to pay the price.
In order to make the purchase, the User may, at his discretion, choose to register on the Site - by completing the appropriate registration form, logging in by entering the username and password indicated during registration, or logging in quality of "Guest", filling in all the fields indicated therein with their identification data, e-mail address, telephone number and delivery address of the Products.
The information and personal data provided by the Users must be exact, accurate, truthful and updated and of such correctness the User assumes full responsibility.
Once this phase has been completed, the User must select the payment method he intends to use from those indicated on the Website.
The Owner informs the User that the forwarding of the Order implies the obligation to pay the fee indicated for the selected Products.
Article 4: Delivery of products
In the event of Order Confirmation, the Owner undertakes to deliver the goods to the address indicated by the User within the following 30 days.
The delivery of the purchased Products will be considered completed upon receipt of the same, by the User, at the shipping address indicated in the Order.
4.2 Inability to deliver
If it is not possible to deliver the Order due to the User's absence in the place of delivery indicated at the time of the Order, the Owner, by means of the courier, will leave a notice of storage in which the place in which it is located will be specified. the package and the methods to be used to agree on its withdrawal.
It is understood between the parties that the contract will be terminated if the delivery cannot take place for reasons not attributable to the Owner after 30 days from the date on which your Order is available for delivery.
As a result of the termination of the contract, the Data Controller will return the amount paid to the User, including delivery costs, without undue delay and, in any case, within 14 days from the date of termination of the contract.
Article 5: Availability of products and services
All orders of the Products are subject to their availability and the Owner assumes no responsibility for the possible unavailability of the Products. In this sense, in the event of supply problems, or if there are no items in stock, the Owner will notify the User via e-mail communication to the address specified by them within the Order, keeping it updated in the event that the Ordered product comes back available. In such circumstances, the Order will be considered canceled and the contract terminated: the relations between the parties will be governed on the basis of the provisions of the previous art 4.2, last paragraph.
The Owner, in any case, reserves the right to provide information relating to quality replacement products of equal or greater value, which the User may decide to order instead of the selected Product. If the User does not wish to make this replacement, all the amounts paid will be reimbursed.
Article 6: Refusal to process an order
The Owner reserves the right to remove any Product from the Site at any time and / or to delete and / or modify any material or content of the same.
The Owner declines any responsibility towards the User or towards third parties for the removal of any Product from the Site, for the elimination or modification of any material or content of the Site.
Article 7: Passing of the risk
The risks relating to the Products are borne by the User from the time of their delivery.
Article 8: Withdrawal
8.1 Exercise of the right of withdrawal
According to the art. 52 of Legislative Decree 206/2005, so-called Consumer Code ("Consumer Code"), as amended by Legislative Decree 21/2014, Users can exercise the right of withdrawal from these General Conditions of Sale without specify the reason.
This right can be exercised within fourteen (14) days from the date of actual receipt of the purchased Products (or, in the case of an Order of several Products, from the actual receipt of the last purchased good), by explicit declaration to be sent to the Data Controller by post, fax or e-mail address indicated in art. 1. To comply with the aforementioned deadline, it is sufficient for the User to send the communication relating to the exercise of the right of withdrawal, in the manner indicated above, before the expiry of the withdrawal period.
The declaration of withdrawal is free.
8.2 Repayment of amounts paid
8.2.1 In case of exercise of the right of withdrawal, the Owner undertakes to return the amount received by the User, excluding any delivery costs within fourteen (14) days from the moment in which he is informed of the User's decision to withdraw from the contract. These refunds are made using the same payment method used by the User for the initial transaction, unless the User explicitly indicates an alternative method in the explicit declaration referred to in the previous art. 8.1.
8.2.2 The Owner reserves the right to suspend the reimbursement of the sum paid by the User until the date of receipt of the goods by the User or until the demonstration by the User of having sent back such goods to the Owner, if previous one.
8.3 Product return
In case of exercise of the right of withdrawal, the costs incurred by the User for the return of the goods will be borne by the Owner.
It is understood between the parties that the goods must be returned by the User substantially intact, sealed, without undue delay and in any case within fourteen (14) days from the date on which the withdrawal was communicated to the Owner, at its headquarters, so as better indicated at
previous art. 1. The deadline is met if the User sends back the goods before the expiry of the fourteen (14) day period.
The substantial integrity of the Products is an essential condition for exercising the right of withdrawal. We therefore invite you to take care of the Products as long as they are in your availability and possession. Please return the item using or including in the package the original wrapper, instructions and other documents, if any, that accompany the Products. In any case, the Product to be returned must be returned together with the bill received on delivery of the Product.
Article 9: Guarantee
In compliance with the provisions of art. 128 and following of the Consumer Code, the Data Controller states that the goods offered for sale through the Site are covered by the legal guarantee. The legal guarantee applies when, within two years from delivery of the goods, the Product purchased by the User presents a lack of conformity, which means an asset (s) not suitable for the use for which goods are normally used. same type, (ii) not conforming to the description made by the Owner on the Site, (iii) lacking the quality and usual performance of an asset of the same type, which the User can reasonably expect.
If the purchased good presents a lack of conformity, as described above, the User is obliged to report this defect within two (2) months from the date of its discovery, to the Owner, to the addresses indicated in art. 1. If, after having carried out the appropriate checks on the property, the dispute is founded, the Owner informs the User who has the right to obtain, at his choice and unless his decision is not excessively burdensome compared to the alternative, without expenses, Product replacement. If the replacement of the asset is impossible or excessively burdensome for the Owner, the User may, at his option, request a reasonable price reduction or termination of the contract.
Article 10: Price and payment
The price to be paid to the Holder will be the one indicated from time to time on the Website, in relation to the selected Products and their characteristics, in addition to the delivery costs - calculated on the basis of the criteria indicated in the following paragraph of this article - and any other taxes that will be indicated to the User at the time of purchase.
The User will be able to pay by bank transfer, PayPal, Visa, Mastercard and any other type of credit card indicated on this platform.
To reduce the risk of unauthorized access by third parties, in the case of online purchases, the data of the card used by the User for payment will be encrypted.
Article 11: Changes to the service
The Owner reserves the right to modify these General Sales Conditions at any time
In any case, the General Conditions governing the relations between the parties are those provided for on the date of completion of the contract, indicated by a link in the Order Confirmation e-mail.
Article 12: Limitations of liability
The User is fully responsible for the purchase made on the Site, undertaking to read carefully the instructions and warnings of use of the Products purchased and to use them in compliance with these conditions.
No responsibility can arise for the Data Controller for any use of the Products in a manner that does not comply with the instructions for use and / or in general in a manner different from their normal use.
To the extent permitted by law, the Owner assumes no responsibility for damage, claims, direct or indirect losses to Users due to the failed or defective operation of the Users' or third party electronic equipment. The Owner cannot be held responsible for damages resulting from the failure to provide the services offered on the Site due to the incorrect or non-functioning of the electronic means of communication due to causes beyond the sphere of its foreseeable control, including, by way of example, fires , natural disasters, lack of energy, unavailability of telephone connection lines or other network service providers, as well as actions of other Users or other people having access to the network.
Article 13: Suspensions of the service
The Owner reserves the right to temporarily suspend, without any prior notification, the supply of the Products sale and purchase service for the time strictly necessary for the necessary and / or appropriate technical interventions to improve their quality (hereinafter, for brevity, “Service ").
The Data Controller may at any time interrupt the supply of such Service if there are justified reasons of security or violations of confidentiality, in this case giving notice to Users.
Article 14: Applicable law and competent court
14.1 These general conditions are governed by Italian law.
14.2 For any dispute concerning these General Conditions, pursuant to art. 66-bis of Legislative Decree 206/2005, the Court of the place of residence or domicile of the User is competent, if located in the Italian territory.
Article 15: Communications and complaints
All communications required by these General Conditions, including any complaints, must be sent without particular formalities and also via e-mail to:
- Holder, at the address and / or address indicated in the previous paragraph 1;
- User, to the residence or domicile, to the fax or to the e-mail address communicated at the time of registration to the Site or subsequently modified and communicated to the Site at the address indicated above.
Article 16: Confidentiality of personal data
Article 17: Force majeure
The Owner will not be in any way responsible for the non-fulfillment or delay in the execution of any of the obligations referred to in the contract caused by events that are beyond its reasonable control ("Force Majeure Events").
"Force Majeure Events" means any act, event, non-occurrence, omission or accident beyond any reasonable control; this expression includes by way of example but not limited to the following:
- strikes, lockouts or other labor unrest;
- riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war;
- fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters;
- impossibility to use railways, sea, air, motor transport or other means of public or private transport;
- inability to use public or private telecommunications networks;
- acts, decrees, laws, regulations or restrictions of any government;
- any strike, disaster, maritime accident, postal or other relevant means of transport.
It is understood that the performance of the obligations under the contract will remain suspended for the duration of the Force Majeure Events. In such circumstances, the Holder may enjoy an extension for the execution of the contract equal to the duration of this period. It is understood that, despite pending Force Majeure Events, the owner will endeavor to find a solution by which to fulfill his contractual obligations.
Article 18: Partial invalidity
If any article of the General Conditions of Sale, or any part of it, should be deemed invalid, unlawful or unenforceable by the competent authority, such article, clause or provision will be considered as not affixed while the other articles, clauses and provisions will remain valid in the maximum extent permitted by law.
Article 19: Integrity of the contract
These General Terms and Conditions of Sale, as well as any document expressly referred to in them, represent the entire agreement between the User and the Owner regarding the subject matter of the contract and replace any previous agreement, understanding or agreement between them parts, be it oral or written.
The User and the Owner, in signing the contract, acknowledge that they have not relied on any representation, commitment or promise made by the other party, or can be deduced from what was said or written during the negotiations prior to the contract, but only on what expressly declared in these General Conditions of Sale.
Article 20: Dispute resolution
The Website Owner informs Users that they can resolve any dispute arising regarding the correct application of this contract, including, by way of example but not limited to, disputes relating to the validity, total or partial non-performance of the services charged. of the Data Controller and / or termination of the contract, through an online procedure (online dispute resolution procedure - "ODR Procedure"), which can be activated by accessing the online platform made available by the European Commission at the following link http://ec.europa.eu / consumers / odr.
In any case, the possibility remains for the Parties to resolve disputes between them before the competent judicial authorities or using another ADR ("Alternative Dispute Resolution") procedure.