1. Effectiveness of the General Conditions
1.1 These general conditions of sale (hereinafter, "General Conditions") regulate the purchase, made remotely via the Internet, of the products made available from time to time on the WWW.4KPARTISPECIALI.COM Site (hereinafter, the "Site ") In compliance with the applicable Italian legislation including, by way of example, the Legislative Decree 70/2003 and subsequent amendments and additions.
1.2 The seller of the products and owner of the Site is: 4K PARTI SPECIALI Srl, with registered office in via Roma 85 / C, n.72, 31023 Resana (Tv) P.I. 05161240261, Certified e-mail address: email@example.com (hereinafter: “4K PARTI SPECIALI Srl”).
1.4 These General Conditions apply to all sales contracts between 4K PARTI SPECIALI Srl and the Customer concerning the products offered for sale on the Site. Exceptions or changes to these General Conditions will not be valid or binding for 4K PARTI SPECIALI Srl without the written consent of the latter; any such written consent must in any case be considered limited to the single sales contract for which 4K PARTI SPECIALI Srl has expressed it.
2. Acceptance of the conditions of sale
2.1. The display of products / items and prices on the Site has the value of an invitation to propose pursuant to art. 1336 of the Civil Code. The order subsequently sent by the Customer constitutes a purchase proposal, subject to acceptance by 4K PARTI SPECIALI Srl. Therefore, the contract stipulated between 4K PARTI SPECIALI Srl and the Customer must be considered concluded with the acceptance, even if only partial, of the 'order from 4K PARTI SPECIALI Srl, which reserves the right, at its sole discretion, to accept or refuse the order. By placing an order in the various ways provided, the Customer declares to have read all the information provided during the purchase procedure and to fully accept these General Conditions.
2.2. Once the online purchase procedure has been completed, the Customer will be able to print, save in electronic copy and keep these General Conditions of Sale.
2.3. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability of 4K PARTI SPECIALI Srl for direct or indirect damages caused by the non-acceptance, even partial, of an order.
3.1 Tutti i prezzi presenti nel Sito sono da intendersi prezzi al pubblico IVA esclusa (IVA e altre imposte verranno conteggiate nella conferma d’ordine, se dovute), e sono espressi in Euro. I prezzi sono calcolati “Ex Works” salvo non sia pattuito altrimenti per iscritto, nel qual caso 4K PARTI SPECIALI Srl darà al Cliente le indicazioni relative al costo del trasporto che andrà ad aggiungersi al prezzo di vendita.
3.2 4K PARTI SPECIALI Srl reserves the right to change prices at any time, without prior notice. The changes will be valid from the moment of publication on the Site and will not affect orders already submitted by the Customer previously.
3.3 In the event that a price that is clearly incorrect and / or clearly does not correspond to the real commercial value is published, for any reason (error in our systems, human error, etc.), the order will be canceled, even in case of validation. initial, and any amount paid will be reimbursed, without any further liability on the part of 4K PARTI SPECIALI Srl.
4. Products and Purchase Methods
4.1. The Customer can only purchase the products in the electronic catalog of 4K PARTI SPECIALI Srl at the time of placing the order and viewable on the Site, as described in the relevant information sheets. 4K PARTI SPECIALI Srl reserves the right to modify the catalog of the products on the Site and the related information at any time, without the need for any prior notice. The changes will apply from the time of publication on the Site and will not affect orders previously sent by the Customer.
4.2 It is understood that the image of a product on the Site may not be fully representative of its characteristics, and differ from the real one, this being possible due to technical reasons connected with the browser or monitor used. In any case, all information supporting the purchase are to be understood as simple generic information material, not referable to the real characteristics of each individual product and are not the subject of a specific guarantee.
4.3. 4K PARTI SPECIALI Srl reserves the right to limit, at any time, the quantity and / or type of items that can be purchased on the Site. The style and models of the products described on the Site may be changed without notice. 4K PARTI SPECIALI Srl is not liable to the Customer in the event of unavailability of a product if this occurs before the conclusion of the contract.
4K PARTI SPECIALI Srl is in no case responsible for any errors deriving from the failure of the Client's connection to the Site.
4.4. The Customer acknowledges and accepts that the procedure for ordering products through the Site will take place according to the following phases:
The Customer, after registering and accessing the reserved area, must fill in the order form correctly and completely, following the instructions received and showing truthful data for which he assumes all responsibility (choice of product, quantity, indication of the other requested data , choice of payment and delivery methods,… ..). In case of clerical errors in the compilation, the system will not allow you to proceed with the purchase until the errors have been corrected.
Before sending the order, the Customer will display a summary of the identification data of the order in a special screen. The Customer will be asked to carefully read the summary itself and the General Conditions of Sale, as well as to print and store a copy of the aforementioned documents for personal use. The Customer will have the opportunity to identify and correct any data entry errors before submitting the order;
The Customer will send the order electronically via the Site, paying immediately or assuming the payment obligation depending on the method chosen, and expressly accepting these General Conditions of Sale. The order constitutes a purchase proposal.
Pursuant to Article 12 of Legislative Decree 70/2003, the Customer acknowledges that every order sent electronically is stored in digital form on the server at the headquarters of 4K PARTI SPECIALI Srl as well as in paper form according to confidentiality criteria. and safety. A copy of the order can be provided at the request of the Customer in electronic or paper format.
The contract can be concluded in Italian or English.
4.5 Once the data and product availability have been verified, 4K PARTI SPECIALI Srl will promptly notify the Customer via e-mail (sent to the address communicated by the Customer) of the acceptance or rejection of the order. In the case of acceptance of the order, the sales contract will be considered finalized with the receipt of the 4K PARTI SPECIALI Srl email from the Customer and the message will contain the essential information relating to the order (summary of the conditions applicable to the contract, information on the purchased product, price, means of payment, any delivery costs and applicable taxes) as well as information relating to the shipment of the products and the expected delivery date. The Customer must promptly report any errors contained in the order acceptance email to 4K PARTI SPECIALI Srl by e-mail.
The customer can also check the status of his order by accessing the web area dedicated to him under "Order status".
4.6. The types and products available at the time of order are visible on the Site.
Since the simultaneous access of many users-customers and the simultaneous possibility of "online" orders modify the availability of the product, 4K PARTI SPECIALI Srl does not guarantee the certainty of availability of the ordered goods. Therefore, in the event of temporary unavailability of the ordered products, 4K PARTI SPECIALI Srl may at its discretion refuse the order or decide to fulfill it by communicating the timing of the order via e-mail to the Customer. 4K PARTI SPECIALI Srl may also propose to the Customer the purchase of alternative products that the latter will be free to accept or not; in case of non-acceptance, the Customer will have the right to withdraw from the contract and to reimburse any price paid, excluding any further liability of 4K PARTI SPECIALI Srl.
5. Methods of payment
5.1 Advance Bank Transfer
In case of payment by bank transfer in advance, the shipment of the ordered products takes place only after the actual and full crediting of the price on the c / c of 4K PARTI SPECIALI Srl, which must take place within 5 working days from the date of the e-mail. 4K PARTI SPECIALI Srl for acceptance of the order, after which 4K PARTI SPECIALI Srl reserves the right to cancel the order and, consequently, reserves the right to terminate the sales contract.
The purpose of the bank transfer must include the beneficiary (4K PARTI SPECIALI Srl) and the order ID (year, type and order number), which is issued in the order confirmation email.
The bank details on which to make the transfers (subject to future changes that will be adequately disclosed in writing) are available on the site.
5.2 Credit Card
In cases of purchase of goods with a credit card payment method, at the same time as the online transaction is concluded, the reference bank authorizes only the commitment of the amount relating to the purchase made. The amount corresponding to the total price of the products ordered is charged to the Customer's credit card at the time of order confirmation. The accepted credit cards are all those that rely on the Visa, Mastercard, Maestro circuits.
5.3 Transaction security
Online credit card transactions are carried out directly on the website of the credit institution, through a secure server that adopts a protection system that allows you to communicate with a payment method designed to avoid interception, modification or falsification of information. 4K PARTI SPECIALI Srl is not aware of the credit card data used by its customers.
5.4 Only for regular customers, 4K PARTI SPECIALI Srl may authorize the customer to pay with the usual methods reserved for him. As regards the rules of the bank transfer, Article 5.1 applies without prejudice to the provisions of Articles 5.5 and 5.6.
5.5 Payments must come exclusively from current accounts in the name of the recipient of the sales invoice.
5.6 In case of total or partial non-payment at the deadline (whatever the agreed payment method) 4K PARTI SPECIALI Srl reserves the right to suspend the order processing until full payment has been made and / or to terminate the contract of sale without prejudice to any other right including the debit of default interest and compensation for any further damages suffered.
6. Delivery methods
6.1 Unless otherwise agreed in writing, the products sold through the Site are delivered by 4K PARTI SPECIALI Srl with delivery term "Ex Works" (EXW - ex works) at its headquarters located in via Roma 85 / C, 31023 Resana (Tv), based on the Incoterms® of the International Chamber of Commerce in the version in force on the date the order is sent by the Customer. For regular customers, transport will be carried out by 4K PARTI SPECIALI Srl with the times and methods used for standard orders unless otherwise requested by the customer in which case 4K PARTI SPECIALI Srl reserves the right to quote the transport costs separately. In case of return Ex Works, it is the Customer's responsibility to organize at his own expense the collection of the purchased product at the headquarters of 4K PARTI SPECIALI Srl, as well as all risks relating to the product (e.g. risks of loss or damage ) starting from its withdrawal as foreseen by the Ex Works delivery deadline. In case of delay in collecting the products with respect to the date of ready goods communicated by 4K PARTI SPECIALI Srl, the Customer may be charged for the costs for the additional days of storage and any other expenses incurred.
6.2 For each order sent through the Site, 4K PARTI SPECIALI Srl will issue an invoice for the products shipped. For the issuance of the invoice, the information provided by the Customer at the time of the order, for which the Customer assumes all responsibility, shall be authentic.
No change in the invoice will be possible after it has been issued.
6.3 The delivery times of the ordered products start from the date of the e-mail confirmation of the order by 4K PARTI SPECIALI Srl and are purely indicative, never mandatory. In any case, any unforeseeable delays due to causes not attributable to 4K PARTI SPECIALI Srl will release the latter from any liability.
7. Warranties and Limitations of Liability
7.1 4K PARTI SPECIALI Srl is liable for any defects or lack of quality of the products sold to the Customer through the Site pursuant to art. 1490 and following of the Civil Code. To benefit from the warranty, the Customer must keep the invoice (or the DDT) that he will receive together with the purchased goods. The Customer can always download the invoices relating to his purchases from the Site by accessing the reserved area.
7.2 Upon receipt of the goods, the Customer is required to promptly check the correspondence between what was ordered and what was received, as well as the state of the packaging and contents. Any discrepancies of any kind detectable on delivery (obvious defects) must be reported in writing to 4K PARTI SPECIALI Srl in the manner indicated in Article 8 no later than 3 (three) days from receipt of the goods by the Customer, to penalty of forfeiture. Any hidden defects must always be reported in the same manner no later than 3 (three) days from discovery, under penalty of forfeiture. The reports must specify the defects found and contain all the information necessary for the identification of the product and its traceability. It is understood that any damage or loss suffered by the goods during transport will not be attributable to 4K PARTI SPECIALI Srl except for the cases in which 4K PARTI SPECIALI Srl has expressly agreed in writing a delivery term with which it assumes responsibility and risk of the goods until delivery in a place other than its headquarters, and in this case it will be responsible until delivery in that place. It is therefore, as a rule, the responsibility of the Customer to assert their rights against the carrier, as well as to arrange for the insurance of the goods during transport if necessary.
7.3 If, even after the outcome of any checks, it turns out that 4K PARTI SPECIALI Srl is responsible for the discrepancies as indicated above by the Customer, 4K PARTI SPECIALI Srl will collect and supply the replacement or missing product at its own expense or, in case of unavailability of the product, upon reimbursement of the price paid.
7.4 Nothing else can be claimed by the Customer, in particular any liability of 4K PARTI SPECIALI Srl is excluded for direct or indirect damages suffered by the Customer or by third parties in relation to the products sold, except in cases of willful misconduct or gross negligence or mandatory provisions of law.
7.5 Furthermore, subject to the mandatory provisions of the law, 4K PARTI SPECIALI Srl will be exonerated from any liability in the following cases:
- malfunctions or inefficiencies of the telecommunication networks, independent of the fact of 4K PARTI SPECIALI Srl or its suppliers;
- fraudulent use of the Customer's credit cards and means of payment, where 4K PARTI SPECIALI Srl has taken all appropriate precautions according to the best available techniques and using due diligence.
7.6 It is understood that any complaints or disputes do not entitle the Customer to suspend or delay payments.
7.7 It is the Customer's sole responsibility to ensure compliance of the purchased products with the laws and regulations in force in the countries of their final destination. The Customer relieves 4K PARTI SPECIALI Srl from any responsibility in this regard.
7.8 The 4K PARTI SPECIALI products are manufactured and designed with the utmost attention and technology and are dedicated to purely off-road sports use. They are not approved for use on the road and do not comply with local laws. 4K SPECIAL PARTS does not recognize any claims impacting motorcycle manufacturer warranties or any other type of warranty. To be used in closed circuit only.
8. Address for Complaints
Any complaint must be addressed to:
4K PARTI SPECIALI Srl S.r.l., via Roma 85/C, 31023 Resana (TV) – Italia
and can be sent via registered letter with return receipt to the aforementioned address, or via PEC to the address 4K PARTI SPECIALI@legalmail.it or via e-mail to the web @ 4K PARTI SPECIALI.net e-mail box.
9. Applicable Law and Disputes
9.1 These General Conditions and any sales contract between the Customer and 4K PARTI SPECIALI Srl are governed by Italian law.
9.2 For the solution of disputes that may arise between 4K PARTI SPECIALI Srl and the Customer in relation to these General Conditions or individual sales contracts, the court of Treviso (Italy) will have exclusive jurisdiction.
10. Industrial and intellectual property rights
10.1 The industrial property rights (trademarks, patents, etc.) inherent to the products sold on the Site belong to their respective owners and no clause of these General Conditions can be interpreted as a license to exploit these rights to the Customer or to third parties.
10.2 The industrial and intellectual property rights on the Site belong exclusively to 4K PARTI SPECIALI Srl. Any use of the contents of the Site other than those specifically authorized herein and aimed at purchasing items sold by 4K PARTI SPECIALI Srl through e-commerce is strictly prohibited. .
10.3 It is not permitted for the Customer or third parties to publish or otherwise make available material protected by copyright, trademark or other proprietary right without the express authorization of the owner of these rights.
10.4 The Customer must indemnify and hold harmless 4K PARTI SPECIALI Srl from any and all damage suffered as a result of violations of the aforementioned provisions by the Customer himself or by his successors in title.
11. Force majeure
11.1 4K PARTI SPECIALI Srl may suspend the execution of its contractual obligations when such execution is made impossible or unreasonably burdensome by an unforeseeable impediment independent of its will (such as but not limited to: natural events, wars, terrorist acts, law or acts of public authority, power outages, strikes, fires, etc.).
11.2 4K PARTI SPECIALI Srl will promptly notify the Customer of the occurrence of one of the aforementioned events, its effects on the execution of the contract and subsequently its termination.
11.3 If the suspension lasts more than six (6) weeks, each party will have the right to terminate the sales contract by communicating it to the other party in writing, without any liability on the part of 4K PARTI SPECIALI Srl for non-execution of the contract.
The General Conditions may be modified by 4K PARTI SPECIALI Srl at any time without prior notice and will be valid from the date of publication on the Site. The changes therefore will not apply to orders sent prior to their publication.