GENERAL TERMS AND CONDITIONS OF SALE FOR ONLINE PURCHASES ON THE WEBSITE WWW.MOTOTOPGUN.COM
Mototopgun.com, whose registered office is in Naples (NA), via Nevio 102/d, VAT no. 04592471215, e-mail address info@mototopgun.com, makes it possible for all users to purchase via the Internet the Products it offers for sale on the website www.mototopgun.com.
1. GENERAL NOTES
These General Terms and Conditions of Sale (hereinafter “General Terms”) are governed by the Consumer Code (Legislative Decree no. 206/2005, as amended) and by the regulations on e-commerce (Legislative Decree no. 70/2003, as amended), and they apply exclusively to distance sales via the Internet of the Products displayed on the website www.mototopgun.com.
Should the General Terms be amended after the purchase order has been placed, the version of the General Terms posted on the website at the time the Client’s order is submitted shall apply.
The term “Buyer” or “Client” refers both to the Consumer (natural person) making the purchase hereunder for purposes not related to any commercial or professional activity they may be engaged in, and to the Professional as defined in Article 3 of the Consumer Code.
The term “Manufacturer, Intermediary or Supplier” refers to Mototopgun.com.
2. PUBLIC OFFER
2.1 The Products and their prices as displayed on the Site constitute a public offer in accordance with the modalities specified in these General Terms and on the Site itself. The conditions of such offer apply exclusively to purchases made on the aforementioned Website. The purchase contracts concluded on the Site concerning the Products are executed with Mototopgun.com.
2.2 The Products referred to in the above point are illustrated on the web page: www.mototopgun.com.
3. METHOD OF CONTRACT STIPULATION
The contract between MOTOTOPGUN and the Client is concluded via the Internet by the Buyer accessing the address www.mototopgun.com, where, by following the procedure, the Buyer will finalize the purchase order for the goods.
4. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is finalized by correctly filling in the order form, by accepting the general contract terms (accepted by clicking on the dedicated flags linked to their respective online pages from which the same terms can be downloaded, saved and/or printed), and by granting consent to purchase via online subscription. This is preceded by the display of a confirmation and summary web page of the order (which can be printed) containing the details of the purchaser and of the order, the price of the goods purchased, shipping costs and any additional charges, the methods and time limits for payment, and the address where the goods will be delivered. The Purchase Contract shall be deemed concluded between MOTOTOPGUN and the Client upon receipt of the order by MOTOTOPGUN. In that case, MOTOTOPGUN shall send an order confirmation email to the Client’s email address, containing the order number, details of the purchaser and the order, the price of the goods purchased, shipping costs, any additional charges, the methods and time limits for payment, the address where the goods will be delivered, and any special conditions applicable to the specific order resulting from the Client’s particular requests.
4.2 In order to submit a Purchase Order, the Client may choose between the following options:
a) If the Client is already registered on the Site, they can simply enter their login credentials (username and password) in the section “Accedi | Registrati”.
4.3 Mototopgun.com offers its Clients the opportunity to receive free telephone support from MOTOTOPGUN staff for assistance and the completion of their Purchase Order. To use this service, Clients may contact Customer Service at info@mototopgun.com.
5. PAYMENT METHODS AND REFUNDS
5.1 Payment of the Order can be made either in cash on delivery (COD)—whereby any additional fees are borne by the Client—at the time the Product is delivered by the appointed carrier, or at the time the online order is submitted to MOTOTOPGUN, as indicated in the “Payments” section, following the instructions provided on the web page. In such case, the transaction will be carried out automatically when the order is confirmed.
5.2 For online payments, MOTOTOPGUN uses the PayPal electronic payment system and Credit Cards. In the case of payment via PayPal, the transaction is carried out directly on PayPal’s secure server. At no point in the purchase procedure does the Seller become aware of the Client’s credit card number since that number is sent directly to the bank service provider through a secure connection. Specifically, all information relating to the credit card is sent directly to the bank that processes the payment through a secure connection. Under no circumstances can Mototopgun.com view the Client’s credit card data.
In both cases, Mototopgun.com shall not be held liable for any fraudulent or illegal use made by third parties of the credit cards used to pay for purchased products. In order to safeguard both the Client and Mototopgun.com from potential fraudulent transactions, Mototopgun.com reserves the right to request additional personal information if necessary (such as a copy of an ID card, etc.).
5.3 Any potential refund to the Buyer will be credited using one of the methods offered on the Site by the Supplier and selected by the Buyer, in a timely manner and, in the case of exercising the right of withdrawal, no later than 14 days from the date on which Mototopgun.com verifies that the returned items are intact.
6. METHODS, TIME AND DELIVERY COSTS
6.1 Mototopgun.com will arrange for products selected and ordered to be delivered by specialized carriers appointed for this purpose. Upon delivery, the Client or their trusted representative must be present to check that the packaging is intact and that the Products delivered match what is indicated on the order. In the event of visible defects, such as incorrect quantities and/or the wrong product or broken packaging, Mototopgun.com asks the Client or their representative to note these anomalies on the delivery document, accepting the goods with “Reservation of inspection,” and to contact Mototopgun.com via email at info@mototopgun.com.
Mototopgun.com will also send the Client an email confirming that the package has been handed over to the Courier, which will enable the Client to track the shipment with a tracking number (shipping code) or, if applicable, to contact the Courier directly to check the shipment’s status.
6.2 Delivery costs shall be borne by the Client and detailed in the Purchase Order and in the subsequent Order Confirmation.
6.3 Parcel insurance is optional. If it is not requested, the seller assumes no responsibility for any loss or damage to the parcel. The parcel will travel at the buyer’s risk, and the seller will be released from any obligations once the parcel is handed over to the carrier. To request insurance, simply state it in the order notes field found in the shopping cart at the time of order confirmation.
7. PRICES
7.1 The total price related to the purchase of the goods under this contract is the price stated in the order confirmation emailed to the Client.
8. LIMITATIONS OF LIABILITY
8.1 Mototopgun.com assumes no responsibility for any service disruptions due to force majeure if it is unable to process the order within the timeframe specified in the contract.
8.2 Mototopgun.com shall not be deemed liable to the Buyer, except in cases of willful misconduct or gross negligence, for any malfunctions or disruptions related to the use of the internet that are beyond its control or that of its sub-suppliers.
8.3 Mototopgun.com shall not be liable for any damages, losses, or costs incurred by the Buyer as a result of the non-fulfillment of the contract for reasons not attributable to it, with the Buyer being entitled only to a full refund of any amount paid and any ancillary charges incurred.
8.4 Mototopgun.com assumes no responsibility for any fraudulent or unlawful use by third parties of credit cards and other means of payment used when paying for products purchased, provided that it has taken all necessary precautions based on the best knowledge and experience available at the time, and exercised reasonable care.
9. LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: THE SUPPLIER’S OBLIGATIONS
9.1 Pursuant to Articles 114 and following of the Italian Consumer Code, the Supplier is liable for damage caused by defects in the sold goods if it fails to inform the injured party, within three months of the request, of the identity and domicile of the manufacturer or of the person who supplied the goods.
9.2 The request by the injured party must be in writing and must indicate the product that caused the damage, the place and date of purchase; it must also include an offer to exhibit the product, if it still exists.
9.3 Mototopgun.com cannot be held liable for consequences arising from a defective product if the defect is due to the product’s compliance with a mandatory legal standard or a binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be deemed defective.
9.4 No compensation shall be payable if the injured party was aware of the product’s defect and the associated danger and voluntarily exposed themselves to it regardless.
9.5 In all cases, the injured party must prove the defect, the damage, and the causal relationship between the defect and the damage.
9.6 The risk of loss or damage to the purchased goods passes from Mototopgun.com to the Buyer when the latter, or a third party designated by them who is not the carrier, takes physical possession of the goods. However, the risk is transferred to the Buyer upon delivery to the carrier if the Buyer has engaged the carrier themselves and such carrier was not offered by Mototopgun.com, without prejudice to the Buyer’s rights against the carrier.
10. LEGAL WARRANTIES
a. Legal warranty for the Consumer Client: the Consumer Client, as defined in Article 3 of the Consumer Code (Legislative Decree of 6 September 2005 no. 206), is entitled to rely on the legal warranty provided by the Consumer Code itself in Articles 128 to 132. Mototopgun.com is liable for any lack of conformity that becomes apparent within two years of delivery of the goods. For the purposes of this contract, goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
a) they are fit for the use normally expected of goods of the same type;
b) they conform to the description made by the seller and possess the qualities of the goods that the seller presented to the consumer as a sample or model;
c) they present the quality and performance that are usual for goods of the same type, which the consumer can reasonably expect considering the nature of the goods and, where applicable, any public statements on the specific characteristics of the goods made about them by the seller, the manufacturer, or their agent or representative, particularly in advertising or labelling;
d) they are also fit for any particular use desired by the consumer and brought to the seller’s attention at the time of conclusion of the contract and that the seller has accepted, also by implied conduct.
The Buyer loses any rights if they fail to notify the seller of the defect of conformity within two months from the date when the defect was discovered. Such notification is not required if the seller has acknowledged the defect’s existence or concealed it. In all events, unless proven otherwise, it is presumed that any lack of conformity manifesting itself within six months of delivery of the goods already existed at that date, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
In the event of a lack of conformity, the Buyer may request, alternatively, under the conditions stated below, the repair or replacement of the purchased goods, a price reduction, or termination of the present contract, unless the request is objectively impossible to satisfy or excessively burdensome for the Supplier under Article 130(4) of the Consumer Code. The request must be sent by email to info@mototopgun.com to Mototopgun.com, which will confirm its willingness to carry out the request or state the reasons preventing it from doing so. In the same communication, if the request has been accepted, Mototopgun.com will specify the shipping or return procedures for the faulty goods as well as the time limit for the return or replacement of the defective product. Where repair and replacement are impossible or excessively burdensome, or the Supplier has not repaired or replaced the goods within the period referred to above, or the replacement or repair previously undertaken has caused significant inconvenience to the Buyer, they may request, at their choice, a suitable reduction in the price or the termination of the contract. In such cases, the Buyer must notify the Supplier of this request, and the Supplier shall communicate its willingness to comply or the reasons why it cannot do so within seven working days from receipt. In the same communication, if Mototopgun.com has accepted the Buyer’s request, it will indicate the price reduction offered or the procedures for returning the defective goods. In these circumstances, MOTOTOPGUN will refund the amounts paid by the Buyer using the same means of payment as were used when purchasing or, in the case of cash on delivery, by bank transfer. In the event of a Product replacement or repair, the terms of the Warranty for the replacement or repaired Product are the same as for the original Product. Therefore, the total two-year duration of the legal warranty always runs from the delivery of the original Product. To benefit from the Warranty, you are advised to keep and present your purchase document.
b. Legal warranty for the non-Consumer Client (Professional): the Professional Client, as defined in Article 3 of the Consumer Code, is entitled to rely on the legal warranty provided by the Italian Civil Code. Among other provisions, this warranty requires the non-Consumer Client to notify Mototopgun.com of any lack of conformity found in the purchased product, under penalty of forfeiture, within 8 (eight) days of discovery. The legal warranty mentioned above is valid for a maximum of 12 (twelve) months from delivery of the product. Beyond this period, Mototopgun.com shall not be held responsible for any lack of conformity discovered by the non-Consumer Client. To benefit from this Warranty, you are advised to keep and present your purchase document.
11. RIGHT OF WITHDRAWAL
11.1 The Buyer has the right to withdraw from the concluded contract within a period of 30 (thirty) days, starting from the day on which the Buyer or a third party other than the carrier and indicated by the Buyer acquires physical possession of the purchased goods. The notice of withdrawal shall be sent by email to info@mototopgun.com.
11.2 If Mototopgun.com has not complied with its information obligations regarding the existence, methods, and timing of the return or collection of the goods in the event of withdrawal, as set out in Article 52 of the Consumer Code, the withdrawal period is 12 (twelve) months, starting from the end of the initial withdrawal period.
11.3 If, within 12 (twelve) months from the date of this contract, Mototopgun.com provides the Buyer with the information regarding the existence, methods, and timing of the return or collection of the goods in the event of withdrawal, as set out in Article 52 of the Consumer Code, the withdrawal period expires 14 (fourteen) days after the day on which the Buyer receives this information.
11.4 If the Buyer decides to exercise the right of withdrawal, they must use the appropriate form and provide explicit communication to Mototopgun.com by sending it via email to info@mototopgun.com, provided that such communication is confirmed to the above address within 48 (forty-eight) hours thereafter. The date stamp affixed by the post office on the receipt will be decisive between the parties. For the purposes of exercising the right of withdrawal, it is sufficient to return the purchased goods under the same terms. Between the parties, the date of delivery to the post office or the courier will be decisive.
11.5 The Buyer may not exercise the right of withdrawal in respect of contracts for the purchase of products whose packaging is sealed and which have been opened by the Buyer, as well as goods made to measure or clearly personalized, or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
11.6 The only costs payable by the consumer for exercising the right of withdrawal under this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear those costs.
11.7 Mototopgun.com will refund any amount paid by the Buyer using the same method of payment used by the Buyer. The refund will only be made provided that the returned merchandise is intact, unused, and complete with its packaging. Otherwise, the product will be returned to the Buyer at the Buyer’s expense.
11.8 Once the notice by which the Buyer exercises the right of withdrawal is received, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the preceding paragraphs of this article.
11.9 In the event of a Return due to Withdrawal, the final customer is responsible for the shipping costs of returning the products. The return remains the responsibility of the final customer until the package is delivered to our warehouse.
12. PRIVACY PROTECTION AND PROCESSING OF THE BUYER’S DATA
12.1 Mototopgun.com protects its clients’ privacy and guarantees that data processing complies with the privacy legislation, i.e. Legislative Decree no. 196 dated 30 June 2003 and EU Regulation no. 679/2016 (GDPR).
12.2 The personal, fiscal and administrative data acquired directly and/or through third parties by Mototopgun.com, the data controller, are collected and processed in paper, computer, and telematic form, depending on the processing methods, for the purpose of registering the order and enabling the procedures for the execution of this contract and the necessary communications in this regard, in addition to fulfilling any legal obligations and allowing effective management of commercial relations to the extent required to best perform the requested service (Art. 24, paragraph 1(b), Legislative Decree no. 196/2003).
12.3 Mototopgun.com undertakes to keep all data and information provided by the Buyer confidential and not to disclose it to unauthorized persons, nor to use it for purposes other than those for which it was collected, nor to pass it on to third parties. Such data may only be disclosed at the request of the judicial authorities or other authorities authorized by law.
12.4 Personal data will only be disclosed, subject to a confidentiality agreement, to persons delegated to carry out the activities necessary for the execution of this contract and communicated exclusively within the scope of that purpose.
12.5 The Buyer has the rights set out in Article 7 of Legislative Decree no. 196/2003, i.e. the right to obtain:
a) updates, rectification or, where interested therein, integration of the data;
b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
c) certification to the effect that the operations as per letters (a) and (b) have been notified, including their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a disproportionate effort compared with the right to be protected.
Furthermore, the data subject has the right to object, in whole or in part:
i) on legitimate grounds, to the processing of personal data concerning them, even though they are relevant to the purpose of the collection;
ii) to the processing of personal data concerning them for the purpose of sending advertising materials, direct selling, or for carrying out market research or commercial communication.