GENERAL CONDITIONS OF SALE
The offer and sale of products on the web site www.agmotorstore.com are governed by these General Conditions of Sale. The Customer is obligated to read these general conditions of sale carefully before placing an order. Sending the purchase order implies that you are fully aware of, and expressly accept, the above-mentioned general conditions of sale and the terms on the Order Form. Once the online purchase is concluded, the Customer is required to print and keep these general conditions of sale and the relative order for, which he has already reviewed and accepted.
1.1 The object of these General Conditions of Sale is the sale of products made online through the eCommerce service of the site www.agmotorstore.com. In consideration of the high number of products made available, the main features and the prices of the products (including any additional cost) are clearly indicated directly on the website.
1.2 The products on the site can only be purchased and delivered in the countries listed on the Order Form. Any orders for shipment outside of these countries will be automatically rejected during the order processing procedure.
2.1 The products are sold directly by AG Motor Store snc, with registered and administrative office in Italy at Via D.Cimarosa n. 115/1 – 40033 – Casalecchio di Reno (BO), ITALY tax ID and Bologna Business Registry no. 03521791206, VAT no. 03521791206 (hereinafter AG Motor Store or the Seller).
For any information, Customer can contact the eCommerce Department of AG Motor Store:
by e-mail at the following address: [email protected]
by mail at the following address:
eCommerce Office AG Motor Store snc
via D.Cimarosa, 115/1 40033 – Casalecchio di Reno (BO) – Italy
2.2 These General Conditions of Sale discipline the entry, sending and acceptance of purchase orders for products on www.agmotorstore.com and do not, instead, discipline the supply of services or the sale of products by subjects other than the Vendor that are present on www.agmotorstore.com through links, banners or other hypertext connections. Before entering orders and purchasing products and services from subjects other than the Vendor, we suggest that you check their conditions of sale because the Vendor is not responsible for the supply of services by third-party subjects other than the Vendor.
2.3 The products are sold to the Customer identified by the data entered at the time the electronic order form was filled out with the simultaneous acceptance of these General Conditions of Sale.
2.4 The offers of products on the site www.agmotorstore.com are intended for adult customers.
If Customer is below age 18, he must have the permission of one of his parents, or a legal guardian, before he can purchase on the site www.agmotorstore.com. By placing an order on this web site, Customer is guaranteeing that is an adult (18 years old) and have the legal ability to enter into a binding contract.
2.5 The Customer is forbidden to enter false, invented or imaginary names during the online order procedure and additional communications. The Vendor reserves the right to prosecute any violation or abuse, in the interests and protection of all consumers.
2.6 Moreover, by accepting these Conditions of Sale, Customer release the Vendor from any liability deriving from the issuing of incorrect tax documents due to errors in the data Customer provided at the time of the entry of the online order, since, as the customer, the only one responsible for their correct entry.
3. SALES THROUGH THE ECOMMERCE SERVICE
3.1 “Online sales contract” means the remote contract for the sale of chattel goods (hereinafter the Products) signed entered into between the Customer, and AG Motor Store, as the Vendor, in the context of an eCommerce service organized by the Vendor, which uses the remote communications technology known as the Internet.
3.2 To conclude a contract for the purchase of one or more Products, Customer must fill out the electronic order form (hereinafter, the Order) and send it to the Vendor over the Internet by following the relative instructions.
3.3 The Order contains:
a reference to these General Conditions of Sale;
information and pictures for each Product and its price;
the means of payment that can be used;
the delivery methods for the Products purchased and the relative shipping and delivery costs;
a reference to the conditions for exercising the right of withdrawal;
the methods and times for returning the Products purchased.
3.4 Despite AG Motor Store’s adoption of measures to ensure that the photographs on the site are faithful reproductions of the original products, including the use of every possible technical solution to reduce inaccuracies to a minimum, there may always be differences due to the technical characteristics and resolution of colors on the computer that Customer are using. Consequently, the Vendor will not be liable for any shortcomings of the product pictures on the site due to the above technical reasons, since these pictures are only for purposes of illustration.
3.6 The contract is concluded when the Vendor receives the Order Form over the Internet and checks the correctness of the data on the order.
3.7 The language available for concluding the contract with the Vendor is Italian and the contract is governed by Italian law.
3.8 After the conclusion of the contract, the Vendor will take over the Order for its evasion.
4. ORDER FULFILLMENT
4.1 By sending the Order over the Internet, Customer unconditionally accept, and undertake to be observe, these General Conditions of Sale in his relations with the Vendor.
4.2 After the contract is concluded, the Vendor will send at the Customer an Order Confirmation, by e-mail, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 It is possible that, before sending the Order Confirmation, the Vendor will contact Customer at the e-mail address or telephone number indicated to request additional information about the Order sent over the Internet.
4.4 The Vendor may refuse to fill those purchase orders that do not provide a sufficient guarantee of solvency, or that are incomplete or incorrect or in case Products are not available. In these cases, AG Motor Store will inform the Customer by e-mail that the contract is not concluded and that the Vendor has not filled the Order, specifying the reasons. Moreover, despite every possible efforts, it could sometimes happen that the prices for the products on the site www.agmotorstore.com are wrongly indicated. In any case, the Vendor will check the right price of the products whilst going through the order prior to dispatch. Should the price indicated on the site be lower than the actual sales price as a result of oversights or other errors, Customer will get in touch to check whether he still want to make the purchase at the right price. Otherwise the order can not be accepted. Should the right price of an item be lower than that shown on the site, only the correct lower price will be charged and we the product will be shipped anyway.
4.5 If the Products shown on the web site are no longer available or for sale after the sending of the Order, the Vendor will notify the Customer by email, promptly and in any case within thirty (30) working days from the day following that the order was transmitted to the Vendor, any unavailability of the ordered Products and indicate replacement products that may be available for an amount equal to or greater than that purchased, with payment by the Customer of any difference in price. Except in the event that the Customer requests to purchase a product in place of the sold out one, AG Motor Store will refund any amounts already paid by the Customer as soon as possible and in any case no later than 14 days from the date on which the order has been canceled.
4.6 The Seller undertakes to deliver the ordered products to the Customer in the shortest possible time, normally within 5/7 working days and in any case within a maximum time not exceeding 30 days from the date of conclusion of the contract.
4.7 Each sale made by the Vendor through the online sales service may concern one or more products. All orders placed on the site must correspond to the normal consumption needs. This requirement is applied both in relation to the number of products purchased with a single order, and in the case of a number of orders relating to the same product, even if each order includes a quantity of products corresponding to normal consumption needs.
4.8 AG Motor Store reserves the right to refuse orders from a customer with whom there is a dispute and / or a dispute related to a previous order. This also applies to all cases where AG Motor Store deems the customer unsuitable, including, but not limited to, the case of previous violations of contract conditions for online purchase on the Site or for any other legitimate reason, especially if the customer has been involved in fraudulent activities of any kind.
5. SALE PRICES
5.1 Except where indicated otherwise in writing, all Product prices and shipping and delivery expenses indicated on the web site and in the Order include VAT and are expressed in € (Euro) . The validity of the prices shown is always and only that indicated on the web site at the time the Order is sent over the Internet. Product prices and shipping and delivery expenses can be changed without any obligation to give advance notice. So, check the final sale price before sending the relative Order.
5.2 All Products are shipped directly from Italy. Where not specified otherwise, Product prices and shipping and delivery costs shown on the web site and on the Order do not include any customs duties or taxes if shipping to countries outside the EU or to countries in which current law requires importation fees. If it should be the case, the further expenses will be shown during the placing of the order.
5.3 Therefore, the Customer is responsible for these costs and they must be paid at the time the Products are delivered, according to the specific instructions in the Order Confirmation.
6. METHOD OF PAYMENT
To pay the price of the Products and the relative shipping and delivery expenses, you can use one of the methods indicated on the Order Form of the site www.agmotorstore.com and which are summarized below.
6.1 Credit cards and prepaid cards
6.1.1 For orders on our site, we accept payments by credit cards and prepaid cards (such as, for example, PostePay) without adding any fees to the Product and shipping costs. You must be the holder of a credit card that is valid at the time of the order for the Products purchased online and the name shown on the card must be the same as that indicated on the invoice. If these requirements are not met, it will not be possible to proceed with the order.
6.1.2 At the time of the online purchase, simultaneously with the Order Confirmation, the bank of reference will deduct the amount of the order from the available credit on your credit card. The amount will only be debited to your credit card at the time the Products purchased are shipped.
6.1.3 If, after paying for the products purchased online and receiving the package with your order, you wish to exercise your Right of Withdrawal, for any reason, the Vendor will instruct the bank to credit the amount to be reimbursed directly to your credit card.
6.2.1 If you have a Paypal account, AG Motor Store provides the option of paying directly using the e-mail account and password you used when you registered with www.paypal.com.
6.3 At no time during the purchase procedure will AG Motor Store have access to your credit card information (such as the number of the credit card or its expiration date), which is sent using directly to the subject that manages the electronic payment (bank or Paypal) over a connection protected by an encryption protocol. This data is not kept by the Vendor in any computer archive.
6.4 So, the Vendor cannot, in any case, be considered liable for any fraudulent or undue use of credit and prepaid cards by third parties.
7. SHIPPING AND DELIVERY OF THE PRODUCTS
7.1 Each shipment contains:
the products(s) ordered;
the relative accompanying shipping document/invoice;
any accompanying documentation required by the country to which it is being shipped;
any informational and marketing materials.
7.2 The Products purchased on the web site from the Vendor can be delivered in various ways.
8. RIGHT OF WITHDRAWAL
8.1 Only if the Customer that enters into the contract is a Consumer (this definition meaning any physical person who accesses the site for purposes other than the business or professional activities he may exercise), he will have the right to withdraw from the contract concluded with the Vendor without any penalty and without specifying the reason, with the term of fourteen (14) working days beginning from the day the products purchased on the web were received.
8.2 You have two options for exercising the right of withdrawal.
8.2.1 If you are a registered user, you must go to the My Account section of the site after authentication using your username and password. Here, in the My Orders section, you will find a list of your orders with a link alongside each one of them to activate the return procedure. By accessing the Online Return Form within the term of 14 (fourteen) working days from the day of receipt of the Products, you can communicate your intention to withdraw from the Contract, indicating which Products will be returned.
8.2.2 If you have placed an order without registering on the website www.agmotorstore.com, go to the “ORDER STATUS” section where you will need to insert the order number found in the confirmation email and your surname for billing purposes. Then, you will be able to track your delivery or return the goods.
8.2.3 Alternatively, you may draft your own statement confirming your exercise of your withdrawal right, including using the Withdrawal Form pursuant to Annex I, part B of Legislative Decree 21/2014, which you must send us via registered post with advice of delivery.
8.3 When you fill out the Online Return Form you will be given all the information you need to return the Products.
8.4 The right of withdrawal is subject to the following conditions:
the Products must be returned in their entirety and not just parts or components of them, even in the case of kits;
the products returned must not have been used, worn, washed or damaged; they must not be dirty nor show obvious signs of wear.
Return items must be returned in the packaging in which they arrived, complete with all accessories and labels. For instance, underwear must be returned in its original bag, tights must be returned in their packaging complete with their tag, etc.
the Products returned must be sent back to the Vendor in a single shipment. The Vendor reserves the right not to accept Products from the same Order returned and shipped at different times;
the Products being returned must be delivered to the courier within fourteen (14) working days from the date on which you received the products;
in the case where the Vendor offers the option of purchasing a certain package of Products at a lower price than would normally be charged if they were purchased individually (such as 5 for the price of 4, 3 for the price of 2, etc.), the right of withdrawal can also be exercised with the return of just some of the products purchased: in this case, the price will be recalculated at the normal price charged for the purchase of the single product. In all other cases (such as combined sales, bonus operations, etc.) the right of withdrawal can only be exercised with the return of all the Products purchased, for this reason excluding any partial exclusion.
8.5 If you exercise the right of withdrawal according to the preceding conditions (paragraph 8.4), the Vendor is required to refund the sums paid by you within no more than 14 days from the material receipt of the returned products by the Vendor. Normally, the crediting of the amount originally withdrawn by AG Motor Store occurs very quickly but the time required for the credit to appear in your current account will depend on your bank.
8.6 In the case of a return, the only charges remaining will be the initial shipping charges for the products purchased.
8.7 AG Motor Store will only refund the initial shipping charges in the case of damage in transport or shipping errors by Vendor. In these cases only, the Vendor will also refund the amount that you paid for shipping expenses. The Vendor will send an express courier to pick-up the product from the address you indicated.
8.8 In the case of the exercise of the right of withdrawal without following the methods indicated above (such as beyond the 14 days required by law, or without having filled out the Online Return Form, or without having fulfilled the conditions outlined under previous point 8.4 etc.) you will not be entitled to a refund for the amount already paid to the Vendor. Within 10 days of the email notifying you of non-acceptance of the return being sent, you can reply to the email and ask to have, at your own expense, the products back in the same state in which you returned them to the Vendor. Otherwise, the Vendor may keep both the products and the sums already paid to purchase them.
8.9 In the case of the exercise of the right of withdrawal without following the methods indicated above (such as beyond the 14 days required by law, or without having filled out the Online Return Form, etc.), the Vendor will resend the Products purchased, charging you for the additional shipping expenses.
8.10 The right of withdrawal cannot be applied in the case of products that have been customized on your explicit request at the time the order was entered.
9. WARRANTY OF NONCONFORMING PRODUCTS
9.1 The Vendor is responsible for any defects in products offered on the site, including the nonconformity of the items to the products ordered, in conformity with Italian law.
9.2 If the Customer has signed the contract in the capacity of a Consumer (this definition meaning any physical person who accesses the site for purposes other than the business or professional activities he may exercise), this warranty is valid on the condition that both of the conditions indicated below are respected:
a) the defect appears within 24 months from the delivery date of the products;
b) the Customer submits a formal claim relative to the defects within a maximum of 2 months from the date on which it was recognized;
c) the Customer has correctly filled out the Online Return Form.
9.3 In particular, in the case of a lack of conformity, the Customer that signed the contract in the capacity of Consumer will have the right to have the product repaired or replaced, i.e., to receive an appropriate price reduction or the cancellation of the contract for the disputed goods and the consequent refund of the price.
9.4 All the costs of replacing defective products will be paid by the Vendor.
The AG Motor Store eCommerce team is available to answer any questions and can be contacted at the following e-mail address, [email protected], or at the following postal address:
eCommerce Office AG Motor Store Snc
Via Domenico Cimarosa, 115/1 40033 Casalecchio di Reno – Bologna – Italy
11. COMMUNICATIONS TO THE CUSTOMER
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, certifications, information, statements and, in any case, all documentation about the operations executed, referring to the purchase of the Products, will be send to the electronic mail address indicated at the time of registration, with the possibility of downloading the information on durable media using the methods, and within the limits, required by the site.
13. GOVERNING LAW, DISPUTE SETTLEMENT AND COMPETENT JURISDICTION
These General Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of the Customer. Therefore, the interpretation, execution and cancellation of the General Conditions of Sale are subject exclusively to Italian law and any disputes relating to and/or consequential to them shall be resolved exclusively by Italian courts. In particular, if the Customer qualifies as a Consumer, any disputes will be resolved by the court of his domicile or residence based on the applicable law or, at the consumer’s option in the case of a suit filed by the consumer, by the Court of Bologna. If, instead, the customer is acting in the exercise of his business, commercial, craft or professional activities, the parties consensually establish the exclusive jurisdiction of the Court of Bologna.
14. MODIFICATION AND UPDATING
The Vendor may make changes or amendments to these General Conditions of Sale at any time. Therefore, we will ask the customer to accept only the General Conditions of Sale in force at the time of the purchase. The new General Conditions of Sale will be effective from the date of publication on the website www.agmotorstore.com and in relation to purchase orders submitted after that date.