Y VIVE UNA EXPERIENCIA RIZOMA PERSONALIZADA
1. Introduction
1.1 These general conditions of sale (the “General Conditions“) govern the methods of sale of products such as motorcycle/cycle accessories, urban mobility vehicles, personal accessories (the “Products“) through the websitewww.www.rizoma.com (the “Site”) by:
Rizoma S.r.l., with registered office in Via Quarto, 30/32/34
21010 Ferno (VA)
Italian Tax Code and VAT 02595720125, REA VA-270509
Registered in the Register of Companies of VARESE
under no. 02595720125
Contacts: email support@rizoma.com
Certified email: rizomasrl@legalmail.it
(“Rizoma” or the “Seller“)
All contractual relationships between the Seller and any person who makes purchases through the Site who has the status of “consumer” (the “Customer“) pursuant to art. 3, paragraph 1, lett. a), Legislative Decree 206/2005 et seq. (the “Consumer Code“) are governed by these General Conditions, in the most recent version that will be published on the Site at the time of transmission of the order by the Customer, which form an integral and substantial part of each proposal, order and confirmation of purchase order of the Products.
1.2 These General Conditions are valid for all purchases made through the Site and can be viewed and saved on your device in a readable format (e.g. pdf).
1.3 The Seller reserves the right to modify these General Conditions at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will only apply to sales concluded as of that date. Customers are invited to print a copy of these General Terms and Conditions for future reference.
2. Order process and entering into of the Contract
2.1 The presentation of the Products on the Site does not represent a binding offer for the Seller but a mere invitation addressed to consumers for the entering into a contract for the sale of goods (the “Contract“).
2.2 The purchase order transmitted by the Customer to the Seller through the Site has the value of a contractual proposal. The Contract must be concluded with the acceptance, even partial, of the order by the Seller in the manner described in art. 5.4 below. By placing an order in the various ways provided, the Customer declares to have read all the instructions provided to them during the purchase procedure, and to accept in full, unconditionally and without reservation the General and Payment Conditions transcribed below.
2.3 These General Conditions of Sale, as published on the Site and accepted by the Customer at the time of purchase and/or at the time of registration on the Site, regulate exclusively and specifically any purchase made through the Site between the Seller and the Customer, regardless of their nationality.
2.4 Once the online purchase procedure has been completed, the Customer will print or save an electronic copy and in any case keep these General Conditions of Sale, in compliance with the provisions of articles 49 et seq. of the Consumer Code on distance sales.
3. Site Registration
3.1 To purchase any of the Products on the Site, the Customer must register an account and accept these General Terms and Conditions. Failure to accept these General Conditions will make it impossible to make purchases on the Site.
3.2 Registration to the Site is free. To register and access their personal area within the Site, the Customer must complete the registration form, entering the required personal data (name, surname, email address) and a password (the “Registration Credentials“). Registration is confirmed by email sent to the email address provided by the Customer. Following registration, in the event of making purchases, the Customer will then be required to integrate their account by communicating additional information such as the shipping and billing address, if different.
3.3 Registration is allowed only to Customers who have already reached the age of majority and who use the Site for purposes not related to their business, entrepreneurial or professional activity.
3.4 The Registration Credentials may be modified by the Customer at any time through access to the Site, by clicking on the “Your account” section at the top right of thehomepage of the Site.
3.5 The Registration Credentials must be used exclusively by the Customer and may not be transferred to third parties. The Customer must notify the Seller without delay in case of suspected misuse of its Registration Credentials.
3.6 The Customer is solely responsible for accessing the Site through the Registration Credentials and is directly liable for any damage or prejudice caused to the Seller or third parties by improper use, loss, misappropriation by third parties or incorrect storage of their Registration Credentials. All operations carried out through the Registration Credentials are considered to be carried out by the Customer to whom the Registration Credentials refer.
3.7 The Customer must immediately inform the Seller if it has reason to believe that the Registration Credentials have been stolen or, in general, used by third parties.
3.8 The Seller reserves the right not to accept any order that is abnormal in relation to the number of Products purchased, or the frequency of purchases made on the Site.
3.9 The Customer agrees to hold the Seller harmless from any compensation obligation and/or penalty arising from and/or in any way related to the breach by the Customer of the provisions of this section of the General Conditions.
4. Use of the Site
4.1 During the use of the Site, the Customer is expressly forbidden to: (i) interfere or attempt to interfere with the proper functioning of the Site itself, such as – by way of example only – modifying and/or limiting access to the Site, or to the other accounts, computers or networks connected to the Site, using viruses, and/or, in general, any other software integrated into the browser or, in general, in the device used by the Customer to connect to the Site; (ii) perform email-list and any other form of auto-responder, or “spam” to the addresses indicated on the Site, or activate script devices, robots, and, in general, any and all automatic or manual methods to illegitimately access the Site, perform the “scrape” and/or the “crawl”, and/or in general acquire, copy, transmit, mirror any and all content on the Site, or, in general, use other processes detrimental to the operation of the Site; and (iii) decipher, decompilate, disassemble, decode or otherwise attempt to extract secret and/or confidential codes or algorithms related to the Site.
4.2 The Site and all its content, including, but not limited to, texts, lists, guides, photographs, manual illustrations, images, video and audio clips and advertising texts, as well as trademarks, logos, domain names, companies, and any other material that may be the subject of copyright (including source codes) and/or any other intellectual property (hereinafter, collectively, “Material“), are the property of Rizoma or other third parties of which Rizoma is a licensee, and are protected against unauthorized use, copying and dissemination by national laws on copyright, trademarks, advertising and other international laws and treaties relating to intellectual property.
4.3 Nothing contained in these General Conditions and/or on the Site shall be construed as implicitly conferring, by acquiescence or otherwise, a licence or the right to use any Material in any way without the prior written consent of Rizoma or the third party who owns the Material or intellectual property published on the Site.
4.4 Unauthorised use, copying, reproduction, modification, republishing, updating, downloading, mailing, transmission, assignment, distribution or duplication or any other illegal use of the Material is prohibited.
5. Enering into the Contract
5.1 Once the Products to be purchased have been identified, the Customer may enter them in the shopping cart using a specific button on the Site (the “Shopping Cart“). When the Customer places an online order for the Products he/she has placed in the Shopping Cart, he/she agrees to purchase them at the price indicated in the information material shown in the relevant section of the Site and under the terms contained in these General Conditions in force at the time of placing the order.
5.2 Entering into the Contract concerning the Products selected by the Customer is confirmed by the Seller by means of an e-mail message (the “Confirmation Message“).
5.3 The Customer may only purchase the Products present in the electronic catalogue of the Site at the time of placing the order, as described in the relevant information sheets.
5.4 It may happen that, due to computer, technical, system or any other error, Products are no longer available for purchase. In this case, the system will not allow to complete the purchase. If the Customer has still been able to complete the purchase, it will be the Seller’s responsibility to promptly inform the Customer by email and the Contract will not be considered confirmed. If the payment has already been made, the Seller will refund the cost of the purchased Product within 5 (five) days from the day of receipt of the payment.
6. Price and shipping costs
6.1 The sale price of the Products includes standard packaging costs, VAT if due and any indirect taxes (if applicable).
6.2 If, during the selection procedure of the Products on the Site referred to in art. 5.1 above, the Customer finds that the price of one or more of the Products he/she intends to select for the subsequent purchase is clearly different from that indicated in the description of the selected products, net of any discounts and/or promotions at that time in force, he/she is requested not to complete his purchase order and to report the aforementioned technical error to the Seller by sending an email to the email address indicated in art. 1.1. For prices preceded by the word “from”, it is understood that the final price will be the one indicated at the completion of the configuration of the chosen Product.
6.3 If the Products must be delivered to a country outside the European Union, the total price indicated in the order and reported in the Confirmation Message, is net of any customs duties and any other locally applied sales tax, which the Customer undertakes as of now to pay directly, if due, in addition to the price indicated in the Confirmation Message, in accordance with the provisions of the law of the country in which the Products must be delivered. The Customer is invited to inquire with the competent bodies of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.
6.4 The Customer is also solely responsible for any additional cost, charge, tax and/or duty that a given country may apply, for any reason to the Products covered by the Contract and ordered on the basis of these General Conditions.
6.5 Failure to know the costs, charges, duties, taxes and/or duties referred to in Articles 6.3 and 6.4 above, at the time of sending an order to the Seller, shall not constitute grounds for termination of the Contract and shall not in any way charge the aforementioned charges to the Seller.
6.6 Unless expressly provided otherwise at the time of placing the Order, the shipping costs of the Products are not included in the purchase price indicated on the individual Product and are calculated and displayed at the time of conclusion of the purchase process, before the entering into the Contract and the making of payment, based on the country of shipment.
6.7 The Seller has the right to change the prices of the Products at any time; in any case, the Products purchased will be charged to the Customer on the basis of the prices indicated on the Site at the time of entering into the Contract and reported in the Confirmation Message.
7. Payment methods
7.1 The Customer can pay for the Products using: debit/credit card and/or digital payment applications PayPal and PagoOnline Imprese (Unicredit): the chosen payment instrument is charged at the same time as the order confirmation. In order to ensure the security of the transaction, the Seller reserves the right to request additional information from the Customer or to send a copy of documents proving the ownership of the person who made the payment. At no time during the purchase procedure does the Seller come into possession of or be able to know the information regarding the Customer’s payment card, transmitted via a secure connection directly from the payment gateway service provider that manages the transaction.
7.2 In the event of cancellation of the order, both by the Customer and in the event of non-acceptance of the same by the Seller, the Seller will simultaneously request the cancellation of the transaction. The cancellation times, for some types of cards, depend exclusively on the banking system. Once the transaction has been cancelled, in no case can the Seller be held liable for any damage, direct or indirect, caused by delay in the non-reimbursement of the amount by the banking system.
7.3 The Seller reserves the right to request additional information from the Customer (e.g. landline number) or to send a copy of documents proving the ownership of the card used. In the absence of the required documentation, the Seller reserves the right not to accept the order.
7.4 If the payment is made by credit card, the Consumer will be transferred to a protected site and the credit card details will be communicated directly to the operator who handles payments on behalf of the Seller. The data transmitted will be sent in secure mode, by encrypted data transfer with SSL (SecureSocketLayer) or TLS (Transport Layer Security).
7.5 At no time during the purchase procedure is the Seller able to store the information relating to the buyer’s credit card, transmitted via a secure connection directly to the website of the bank that manages the transaction. No computer archive of the Seller will store such data. In no case, therefore, can the Seller be held responsible for any fraudulent and improper use of credit cards by third parties, when paying for the products purchased.
7.6 Where required by applicable law, the Seller issues a tax receipt accompanying the Products. For the issuance of the tax document, the information provided by the Customer at the time of purchase shall be authentic. After the issuance of the tax document, it will not be possible to make changes.
8. Shipping and delivery of Products
8.1 The shipping costs of the Products shall be borne by the Customer, to the extent communicated by the Seller prior to the completion of the purchase.
8.2 The Site/Confirmation Message indicates the estimated times for the fulfilment of the order and the delivery of the Products. The Seller can only accept orders with delivery in the countries indicated at the time of purchase.
8.3 The Seller reserves the right not to accept orders with delivery to locations not provided for among the options proposed by the Site. In any case, delivery to post office boxes or mailboxes is excluded.
8.4 The Products purchased will be shipped by courier (the “Carrier“) and delivered on working days (excluding Saturdays, Sundays and local and national holidays), within the period communicated/indicated by the Seller (except in the event of force majeure or an unforeseeable circumstance), and, in any case, at the latest within thirty days from the date of entering into the Contract. If the delivery does not take place within the indicated period, the Customer may contact the Seller, at the addresses indicated in art. 1 above.
8.5 For the purpose of delivering the Products, the Customer must provide all the necessary information when registering on the Site and completing the profile, including the shipping address and telephone number of the person to whom it is to be delivered, if it different from the person placing the order. Delivery will only be made by the recipient indicated by the Customer at the time of purchase, which will be shown on the consignment note. The Customer expressly accepts that the Carrier may reserve the right to request, at the time of delivery, a suitable identification document.
8.6 At the time of delivery of the Products by the Carrier, the Customer is required to check that the packaging is intact, not damaged, wet or otherwise altered, including in the closing materials.
8.7 Any damage to the packaging of the Products or the mismatch of the number of packages or any discrepancies with the recipient’s references must be immediately reported to the Seller by providing proof of the presence of the defects through suitable photographic documentation.
8.8 The Customer’s right to submit complaints with reference to any defects in the Products received remains unaffected, under the conditions established in the following art. 10.
8.9 The risk of loss or damage to the Products purchased will be transferred to the Customer only when the latter has acquired physical possession of them and has not promptly reported the defects referred to in art. 8.5 above according to the procedures referred to in art. 10 below.
8.10 The Customer will acquire ownership of the Products purchased following full payment of the amount due for the purchase of the Products, including any shipping costs.
8.11 In the event of non-delivery due to the absence of the recipient, the Customer will be provided with instructions by the Carrier.
9. Right of withdrawal
9.1 Pursuant to articles 52 et seq. of the Consumer Code, the Customer has the right to withdraw from the Purchase Contract for any reason, without the need to provide explanations and without any penalty, within 14 (fourteen) days from the date of delivery, understood as the date on which the Customer, or the person appointed by them, will acquire physical possession of the Product, by sending the Seller a written communication to the addresses indicated in art. 1 above, before the deadline set for withdrawal, also possibly using the standard withdrawal form.
9.2 Following the exercise of the withdrawal in the manner provided for by art. 9.1, the Customer is required to return to the Seller the Products for which the Customer has exercised the right of withdrawal within a period of 14 (fourteen) days from the date of communication of the withdrawal to the Seller. The Customer has the right to exercise the right of withdrawal in relation to the Product purchased in its entirety, therefore it is not possible to exercise the right of withdrawal only on a part and/or component of the Product purchased.
9.3 The Products for which the Customer has exercised the right of withdrawal must be returned to the Seller with shipping costs borne by the Customer, complete with everything originally delivered to the Customer, as well as packed in the original packaging, under penalty of non-acceptance of the return. A copy of the Confirmation Message sent by the Seller must be inserted inside the packaging.
9.4 The Seller will refund the amount paid by the Customer by crediting the means of payment used by the Customer at the time of purchase, without undue delay and in any case within 14 (fourteen) days of receipt of the purchased goods.
9.5 Upon their arrival in stock, the Products for which the Customer has exercised the right of withdrawal will be examined to assess any damage or tampering not deriving from transport. The Customer will be responsible for the decrease in the value of the Products resulting from a manipulation of the same other than that necessary to establish the nature, characteristics and operation of the same and, in this regard, the Seller reserves the right to withhold an amount deemed appropriate by it due to the decrease in value.
9.6 If the returned Products are damaged (for example with signs of wear, abrasion, scratching, deformation, etc.), not complete with all their elements and accessories (including unaltered labels and tags attached to the product), not accompanied by the attached instructions/notes/manuals, the original packaging and the warranty certificate, where present, the return of the Product will not be accepted and the Seller will therefore not proceed with the relative refund.
10. Legal guarantee
10.1 All Products purchased by the Customer are covered by a 24 (twenty-four) month guarantee, starting from the date of delivery of the same, for defects of conformity, pursuant to Articles 130 et seq. of the Consumer Code. The application of any guarantee is excluded in the event of use of the Product that does not comply with that of the Product itself and/or with the instructions/warnings in this regard provided by the Seller, or reported in the reference illustrative documentation.
10.2 If a purchased Product has manufacturing defects or, in any case, an alleged non-conformity, the Customer is required to contact the Seller, at the addresses indicated in art. 1, transmitting suitable photographic documentation relating to the defect found. In the absence of the above, the return will be rejected by the Seller.
10.3 The Customer has the right to request, free of charge, the repair or replacement of the Product that has defects or non-conformities within the limits provided for by law. Alternatively, where one of the remedies provided above is not available, the Customer may obtain a reduction in the price of the Products purchased (by partial reimbursement by the Seller on the means of payment used for the purchase), or terminate the Contract. If the Customer fails to notify the Seller of the non-conformity within 2 (two) months from the date on which it becomes aware of it, the Customer will lose the rights provided for in this article, in accordance with the provisions of the Consumer Code.
10.4 The defective Products may be returned by courier, with shipment addressed to the Seller, to the addresses indicated in art. 1.
10.5 In the case of return by courier, the shipping costs for the return of the Products to be repaired or replaced in accordance with the provisions of this clause will be borne by the Seller, as well as the costs related to the delivery to the Customer of the repaired or replacement Product. The return shipping costs will be reimbursed to the Customer only in the event that the defects or non-conformities reported are actually found by the Seller during the verification of the Product returned under guarantee.
10.6 The Seller shall, at no cost to the Customer, restore the conformity of the Product or replace it with a new one within 14 (fourteen) working days from the date of return. It is understood that in cases of unavailability of the Product, the Seller communicates the termination of the Contract and provides for the consequent refund of the price.
10.7 Any refund due as a result of termination of the Contract or price reduction will be made on the same means of payment used by the Customer at the time of purchase.
11. Seller’s Limitations of Liability
11.1 The Seller is not liable in the event of damage, of any kind, arising from the use of the Products in an improper manner and/or not in accordance with the instructions provided, or in violation of specific applicable rules and regulations. The Seller may only be held liable for the breach of its contractual obligations.
11.2 Without prejudice to the provisions of art. 10 above, the Seller does not make any form of declaration and/or guarantee, express or implied, about the fact that the Products offered are suitable to meet the needs of the Customer.
11.3 Under no circumstances shall the Seller be held liable for:
11.3.1 errors in payment through the service offered by the third-party provider, which occurred due to the Customer’s failure to connect or due to interruption of the same;
11.3.2 any damage caused by the suspension or interruption of the operation of the payment service provider’s site;
11.3.3 any damage resulting from third party cyber-attacks on the payment service provider’s site that modify the information reported on it.
11.4 It is the responsibility of the Customer to verify the completeness of the Product kit before assembling it, the Seller is not responsible for any damage, of any kind, resulting from incorrect or incomplete assembly of the Products.
12. Force majeure
12.1 The Seller shall not be held liable for any breach or delayed fulfilment of any of its contractual obligations that is caused by events beyond its reasonable control (force majeure), within the limits set out in Articles 1463 and 1464 of the Italian Civil Code.
12.2 A force majeure event includes any action, event, omission or incident that occurs beyond the reasonable control of the Seller; in particular, by way of example only, by reason of:
12.3 The fulfilment of the obligations deriving from the Sale and Purchase Agreement by the Seller is to be considered suspended for the period in which the force majeure event lasts; therefore, the deadline for fulfilment will be extended by an amount equal to the duration of this period. The Seller will do everything reasonably in its power in order to be able to fulfil the contractual obligations despite the event of force majeure.
13. Customer Data and Privacy Protection
13.1 In order to proceed with the registration, the forwarding of the order and therefore the conclusion of the Contract on the basis of these General Conditions, some personal data are requested from the Customer through the Website.
13.2 The Customer acknowledges that the personal data provided will be recorded and used by the Seller in compliance with the legislation referred to in Italian law and the General Data Protection Regulation (GDPR 679/2016), to carry out each purchase made through the Site and, subject to its consent, for any further activities as indicated in the specific privacy policy provided to the Customer through the Site at the time of registration.
13.3 The Customer represents and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
13.4 The Customer may at any time update and/or modify their personal data provided to the Seller through the appropriate section of the “Your account” Site accessible after authentication.
13.5 For any further information on how the Customer’s personal data is processed, please access the Privacy Policy section.
13.6 The Seller, with regard to data relating to credit card payments, uses the services of third-party companies that in any case adopt technological systems to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14. Governing Law and Jurisdiction
14.1 The Sale and Purchase Agreement between the Seller and the Customer and these General Conditions are governed by Italian law and in particular by the Consumer Code, without prejudice to any rules of necessary application applicable to Customers residing in countries other than Italy.
14.2 Any disputes arising from the interpretation, validity and/or execution of these General Conditions and/or individual sales contracts between the Seller and the Customer will be subject to the compulsory territorial jurisdiction of the competent court in the Customer’s place of residence or domicile.
