The on line supply and sale of SDE Motorsport Srl’s product on the www.formaboots.com website are governed by the following General Conditions of Sale.
ART.1 – DEFINITIONS
• SDE Motors Srl: owner of the website and Seller, with registered office in Via Caradosso, n.8, 20123 Milano(MI), P.IVA IT 06729650967;
• General Conditions: conditions applied by SDE Motorsport Srl for online sale of Products on the website;
• Website: www.formaboots.com;
• Customer/Customers: user/s who, enters in the Website to explore or to order Products;
• Order/Orders: online submissions of purchase of Products on the website, made by registered Customers;
• Products: products marked with trade mark Formaboots on the website;
ART. 2 – GENERAL NOTES –
All orders and purchases of Products, made by the Customers on the website, are made with SDE Motorsport Srl and are governed by the following General Conditions and by, where not explicitly laid down therein, by Consumer Code (D. Lgs. 206/2005) – and e-commerce law (D. Lgs. 70/2003). As it concerns privacy policy they are governed by D. Lgs. 196/2003 and subsequent amendments, at last D. Lgs n. 101/18, as well as EU Reg. 679/2016 (Privacy). General Conditions applied are those in force at the time of placing the order and may be modified for the future orders following the pubblication on the web site.
ART. 3 – PRODUCTS –
The following General Conditions govern exclusively online Products’sales in the manner described on the web site www.formaboots.com. The following General Conditions don’t govern the sale of products form entities different than SDE Motorsport Srl, that may be find in the Website through links, banners or other hyperlinks. The visual representation of the Products, is the same of the image with the only purpose to represent the Products for sale, the images and colors of Products on sale may however vary, due to the effect of the Internet browser and/or monitor used. SDE Motorsport Srl doesn’t guarante the perfect correspondence between the images on the Website and the Products. If there are differences between the images and the product data sheet, the latter is the one effective.
ART. 4 – PRICES AND SHIPPING COSTS –
The prices of the Products are inclusive of VAT and refer to the price list in force. The prices are inclusive of shipping costs.
All orders will be delivered at the address indicated in the order transmitted. The date of delivery of the goods indicated in the order shall be intended as indicative but not binding for SDE Motorsport Srl .
ART. 5 – REGISTRATION –
To process with the purchase on the Website the Customer shall register acceding on LOGIN area, providing the e-mail address as user and a valid password. The registration is free and is confirmed by mail sent to the address of the Customer. SDE Motorsport Srl reserves itself the right to accept or refuse, at its discretion, the registration of the Customer. Data of registration shall be used exclusively by the Customer and shall not be ceded to third parties. The Customer is the sole responsible of the login on the website with its registration data and is directly responsible for any damage, or injury caused to SDE Motorsport Srl or to third parties by improper use, loss, embezzlement, or failure to protect properly its registration credentials.
ART. 6 – TERM –
SDE Motorsport Srl reserves itself the right to accept or refuse, at its sole discretion, the Order sent by the Customer, without the right of the latter to make claims, for any reason, even compensatory, for non-acceptance.
In particolar, SDE Motorsport Srl reserves itself the right to refuse or cancel orders from Customers those do not give sufficient guarantees of solvency or if – even after comparison with the circuit that manages payments with credit cards – anomalies in transactions and payment method used by the Customer are found. SDE Motorsport Srl reserves the right to refuse orders of customers with whom a dispute arises in relation to one or more previous order, or in the event that SDE Motorsport Srl deems, in good faith, that the customer has infringed, or intends violate these General Conditions.
ART. 7 – PURCHASE PROCEDURES (ORDER) –
The publication of the Products on the Website constitutes an invitation to the Customer to send Purchase Orders. The registered Customer can purchase the Products present in the Web site catalog, in the respective sections, as described in the relevant information sheets and respecting the procedures described therein. To proceed with the compilation of the Order the customer can, alternatively, proceed as follow:
a) In the event that the user is a Customer already registered on the Site, it is sufficient to enter with its login credentials (username and password).
b) In the event that the user is a new customer, before proceeding with the purchase it shall make the related online registrations in the LOGIN section.
Before sending the Order, the Customer shall check the cost of each Product chosen and the total cost for purchase of several Products. The Customer correctly concludes the order process if the Site doesn’t show any error message (the system can’t detect errors in reference to the data entered by the Customer in the field dedicated to the addresses for billing and shipping).
ART. 8 – ACCEPTANCE OF GENERAL CONDITIONS OF SALE –
The Customer, before submitting the Purchase Order, has to read carefully these General Conditions of Sale. By sending the Order, the Customer declares to have read and accepted these General Conditions in relations with SDE Motorsport Srl.
ART. 9 – CONCLUSION OF THE CONTRACT –
After sending the Purchase Order, the Customer will receive from SDE Motorsport Srl an e-mail message confirming the receipt of the Order and containing the order number, information on the main features of the Product purchased, detailed indication of the price, the payment methods, as well as the specific reference to the General Terms and Conditions and to the right of withdrawal. SDE Motorsport Srl invites the Customer to carefully verify the the data contained in the Order and to keep the acknowledgment of receipt on paper or electronic support. For any communication to SDE Motorsport Sr, the Customer shall use the Order number given. The Products will remain property of SDE Motorsport Srl until payment of the purchase price and costs by the Customer. SDE Motorsport Srl will process the Order only after having received confirmation of the authorization to pay the total amount due as indicated in the order.
ART. 10 – PAYMENT METHODS –
The purchase price is expressed in Euro and shall be paid online, at the time of the Order, by credit cards indicated. The Product will not be sent until the funds are transferred to the account of SDE Motorsport Srl. SDE Motorsport Srl will issue the related invoice, if requested, upon delivery of the Products to the courier, with an e-mail sending to the Customer. The information provided by the Customer will be used to issue the invoice and any change of information isn’t possible after the invoice has been issued.
ART. 11 – CLAIM – RIGHT OF WITHDRAWAL OR REFUND –
For Any claim Customer shall refer to SDE Motorsport Srl, using the form at the following link .
Pursuant to art. 64 and to Legislative Decree 206/2005 (Consumer Code) the Consumer (a physical person who buys the Products for purposes not related to his professional activity, or without indicating a VAT number) may exercise the right of withdrawal for any reason without providing explanations, in compliance with the terms and methods specified in the dedicated section “Consumer Right of Withdrawal”.
ART. 12 – METHODS OF DELIVERY –
The purchased Product is delivered by courier to the address specified by the Customer in the Order. Deliveries will be from Monday to Friday, during office hours, excluding national holidays. Delivery is considered completed when the Product is available to the Customer at the address specified in the Order. Any, packaging and/or Products damage, or the mismatch between the number of pieces / packages and indications shall be immediately notified by the Customer, who shall contact SDE Motorsport Srl through the Customer Service, specifying the number of Order reported. In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a notice. In case of impossibility of delivery due to absence of the recipient, the customer service will try to contact the customer to schedule a new delivery. In case of delay, SDE Motorsport Srl will notice the Customer by e-mail. SDE Motorsport Srl shall not be liable for delays due to third parties and / or force majeure. Cases of force majeure, unavailability of means of transport, as well as unpredictable or unavoidable events that cause a delay in delivery, or prevent the execution, will give the right to SDE Motorsport Srl to split, postpone or cancel, in whole or in part, delivery, or to terminate the sales contract. In such cases SDE Motorsport Srl will provide proper communication to the e-mail address indicated by the Customer, who shall have the right to receive the refund of the price paid, excluding any further claim, including compensation, against SDE Motorsport Srl.
ART. 13 – COMPLIANCE OF THE PRODUCTS WARRANTIES AND VICES/DEFECTS
a) Legal Warranty for the Consumer (herein Consumer): The Consumer, as defined by art. 3 of Consumer Code (D. Lgs n. 206/2005) has the right to ask legal guarantee provided by Articles 128 to 132 of the Consumer Code. This guarantee provides that the Consumer, under penalty of forfeiture, claims to SDE Motorsport Srl of any lack of conformity of the product purchased within 2 (two) months from the discovery (Article 132, Consumer Code). Following this claim, the Consumer will have the right to request the fixing, or replacement of the Product, without prejudice to other rights provided by the law in favor of the Consumer. By virtue of the legal guarantee above, SDE Motorsport Srl is responsible for all conformity defects that occur within 2 (two) years from the delivery of the product. Beyond this term, SDE Motorsport Srl will not be responsible for the conformity defects found by the Consumer. In case of replacement or fixing of the Product, the terms of the warranty for the Product given as a replacement, or resulting from the fixing, are the same as the original product. Therefore, the two-year legal guarantee will in any case start from the delivery of the original product. In order to achive the warranty, the exhibition of the purchase document to SDE Motorsport Srl is required. Refer to articles 128 and following of Consumer Code.
b) Guarantee for the Customer non Consumer (Professional): the Customer Professional as defined by art. 3 of the Consumer Code, has the right to ask legal guarentee provided by the Italian Civil Code. This Guarantee provides, that the non-Consumer Customer, in forfeiture, claims to SDE Motorsport Srl any lack of conformity of the product purchased within 8 (eight) days of discovery. The legal guarantee above is valid for a maximum of 12 (twelve) months from the delivery of the product. Beyond this term SDE Motorsport Srl will not be responsible for the defects found by the non-consumer customer. In order to achive the guarantee, the exhibition of the purchase document to SDE Motorsport Srl is required.
ART. 14 – TERMINATION CLAUSE –
In the event of total or partial non-payment of the purchase price of the Product, SDE Motorsport Srl reserves the right, pursuant to and for the purposes of art. 1456 of the Italian Civil Code, to terminate this contract by sending a written notice to the customer’s e-mail address.
ART. 15 – PRIVACY –
Customer data and information are processed by SDE Motorsport Srl in accordance with the provisions of the Privacy legislation in force, as specified in the information contained in the section specifically dedicated, called “Privacy Policy”.
ART. 16 – COOKIES –
The website www.formaboots.com uses “cookies”. Cookies are electronic files that record information relating to the navigation of the customer on the site (pages consulted, date and time of the consultation, etc. ..) and which allows the SDE Motorsport Srl to offer a personalized service to its customers. SDE Motorsport Srl informs that customer has the right to disable the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ART. 17 – ITALIAN JURISDICTION – EXCLUSIVELY COMPETENT COURT –
Disputes over the application, performance, interpretation of the on line purchase contracts, shall be refered exclusively to the Italian Jurisdiction to the Court of Treviso, unless mandatory law provisions provide a different exclusive jurisdiction (Court of Place of the Customer c.d. Consumer).
ART. 18 – APPLICABLE LAW –
Where not explicitly laid down therein, contracts signed in application of these Genereal Conditions are governed by Italian law.
ART. 19 – CONTENTS OF THE SITE AND INTELLECTUAL PROPERTY RIGHTS –
The contents of the Site, such as, by way of example, images, photographs, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material, in any format, published on the Website, including menus, web pages, graphics, colors, diagrams, tools, fonts and web design, diagrams, layouts, methods, processes, functions and software, are under copyright and intellectual property rights of SDE Motorsport Srl. The production, modification, duplication, copying, distribution, sale and / or or the exploitation of the images, of the contents of the Site unless previously authorized by SDE Motorsport Srl are forbidden. Any use of the contents of the Site for commercial and / or advertising purposes of the Customers is prohibited.