General sales conditions
1. Subject
1.1. These general conditions of sale (hereinafter also the "Conditions") apply to the purchase of "VR|46" brand products (hereinafter "Products" or the singular "Product") processed through the e-commerce site www.vr46.com (hereinafter the "Site") by users who can be classified as "Consumers" in accordance with the article 1.2 below. The Site, owned by VR|46 Racing Apparel S.r.l. with registered office in Pesaro (PU), Viale F.lli Rosselli n. 46, VAT No. 02495180412 (hereinafter "Owner"), is managed exclusively by Triboo Digitale S.r.l. - Companies of the Triboo Group - with registered office in Viale Sarca 336 20126 Milan, Italy, tax code, VAT number and Milan Register of Companies 02912880966 (hereinafter "TRIBOO DIGITALE").
1.2. TRIBOO DIGITALE manages Products sale through the Site on behalf of the Owner. Purchases of Products processed through the Site will involve TRIBOO DIGITALE, as seller (hereinafter the "Seller"), and the person who purchases one or more Products for purposes not related to his business, commercial, artisan or professional activity, as a buyer (hereinafter the "Consumer"), (Seller and Consumer will hereinafter collectively considered the "Parties").
1.3. The Owner is not a party to these Conditions, as he is not a party in the purchase and sale of the Products between the Seller and the Consumer, but the owner of the rights on the domain name of the Site, the logos and trademarks, relating to the Products presented on the Site, as well as the copyright on the Site contents.
1.4. Any communication by the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc.. - must be sent to the Seller to the addresses and in the way indicated on the Site and to the e-mail address support@vr46.com.
1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of order submission by the Consumer.
1.6. The Site is dedicated to retail sales and, as such, is intended for the exclusive use of Consumers. Persons who are not Consumers are invited not to place purchase orders. If one or more sales are made by a person who cannot be considered a Consumer, these Conditions shall apply but, in derogation from them:
- the right of withdrawal indicated in article 10 will not be granted to the buyer;
- the buyer will not be entitled to benefit from the Products warranty on the Products indicated in Article 8;
- any other protection will be granted to the buyer, herein provided in favour of the Consumer, that reflects or complies with mandatory legal provisions;
- the sale contract between the Seller and the buyer shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Wien Convention of 1980.
1.8. In order to make purchases through the Site, the Consumer must be of legal age (18 years old) and have the legal capacity to act, that the Consumer declares to possess.
1.9. Any cost for Internet connection to the Website, including telephone charges, have to be covered exclusively by the Consumer, according to the rates applied by the operator selected by the Consumer.
2. Products features and their availability in the different geographical areas
2.1. The Products are sold with features described on the Site and in accordance with the Conditions published on the Site at the time of placing the order by the Consumer, excluding any other condition or term.
2.2. The Seller reserves the right to modify these Terms and Conditions at any time, at his discretion, without prior notice to users of the Site. Any change will be effective from the date of publication on the Site and will only apply to sales concluded from that date.
2.3. Prices, Products for sale on the Site and/or their features may be subject to changes without notice. These changes only apply to orders not yet confirmed at the date of the change. In any case, before sending the purchase order in accordance with paragraph 3 below, the Consumer is invited to verify the final sale price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site may only be purchased by users who request their delivery in one of the countries indicated on the Site.
2.5. The Consumer has the possibility to request, by following the instructions on the Site, the customization just for certain Products indicated by the Seller in the relevant information sheet and in the way indicated therein. The Consumer takes full and exclusive responsibility for the content of the requested customization and, therefore, undertakes to fully discharge the Seller from any claim made by third parties that are consequent or in any case attributable to the content of the customization of the Product. Without prejudice to the above, in any case, the Seller reserves the right not to accept requests for customization that in its unquestionable judgement are detrimental to the intellectual property rights and/or image and/or honour and/or any other rights of the Owner and/or third parties. In these cases, the Seller will communicate his decision to the Consumer via e-mail, asking to replace or delete the text of the customization from the selected Product in order to proceed with the execution of the order, without constituting any responsibility of the Seller regarding estimated delivery times. For customized Products, the right of withdrawal from the purchase contract is excluded, in accordance with Article 10 below.
2.6 If available on the Site, the Consumer shall have the opportunity to purchase the ‘VR46 Tribe Pass’, a product whose terms and conditions (duration, advantages, etc.) are available on the following page: https://vr46.com/pages/vr46tribepass. For the VR46 Tribe Pass, the right of withdrawal from the purchase contract is excluded, pursuant to Article 10 below.
3. Methods of products purchase - Conclusion of every single purchase contract
3.1. The presentation of the Products on the Site, not binding for the Seller, is merely an invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order submitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is regulated by these Conditions, which are an integral part of the order itself and that the Consumer, by transmitting the order to the Seller, is obliged to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information about the right of withdrawal, to print a copy through the print command and to save or reproduce a copy for personal use. In addition, the Consumer will be asked to identify and correct any possible mistake about his data.
3.3. The Consumer's purchase order is accepted by the Seller by sending to the Consumer, to the e-mail address declared to the Seller when registering on the Site or submitting the order if the Consumer is not registered on the Site, confirmation e-mail of the order, which will contain the link to these Conditions, a summary of the order placed, including details of the price, shipping costs and applicable taxes, and a description of the features of the Product ordered. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties shall be saved electronically by the Seller in his computer systems and the Consumer may request a copy by sending an e-mail to the Seller to support@vr46.com.
3.4. Any purchase contract of Products shall be intended concluded when the Consumer receives confirmation of the order from the Seller by e-mail.
4. Product selection and purchase procedure
4.1. The Products presented on the Site may be purchased by selecting the Products of Consumer's interest and placing them in the appropriate virtual shopping cart. Once the Products have been selected, in order to purchase the Products in the shopping cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered, or (iii) to provide his data in order to complete the order and allow the conclusion of the contract. If the data indicated in the order are different from those provided when registering on the Site, the Consumer will be asked to confirm his own data (by way of example, but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where he can be contacted for any communications relating to the made purchase. The Consumer will display an order summary to be executed, whose contents can be modified: therefore, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate check-box on the Site and finally, through the "Insert order" button, the Consumer will be asked to confirm his order, which will be sent to the Seller and will produce the effects described in the previous paragraph 3.2. of this contract. The Consumer will also be asked to choose the shipping and payment method, among those available. In case the Consumer decide to proceed with immediate payment (at the time of purchase) by credit card, PayPal or immediate bank transfer, he will be required to communicate the relevant data via secure connection. For accounting and administrative requirements, the Seller reserves the right to verify the details indicated by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. In case the Consumer finds, during the Product selection procedure on the Site referred to in paragraph 4.1 above, that the price of one or more Products he intends to select for the next purchase is clearly lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to a clear technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller's Customer Service by sending an e-mail to support@vr46.com.
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and their delivery time, however, this information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do his best in order to comply with the delivery time indicated on the Site and, in any case, to deliver within a maximum of 30 (thirty) days from the day after the one on which the Consumer has submitted the order. In case of non-performance of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any amounts already paid by the Consumer for the payment of the Product in accordance with paragraph 5.3. If the Consumer has chosen bank transfer as the method of payment, the delivery term will start from the receipt of the payment by the Seller.
5.3. The Products ordered by the Consumer will be shipped according to terms selected by the Consumer, among those available and indicated on the Site at the time the order is submitted. The Consumer undertakes to check promptly and as soon as possible that the delivery includes just all the Products purchased and to inform the Seller promptly of any defect in the Products received or of their non-conformity with the order placed, according to the procedure set out in the following paragraph 8 of these Conditions, failing which the Products will be considered as accepted. In case the packaging or envelope of the Products ordered by the Consumer arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reserve".
6. Prices, shipping costs, taxes and duties
6.1. The price of the Products is the one indicated on the Site at the time the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include the shipping costs which are calculated one step before the Seller sends the order confirmation to the Consumer, and that the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay the total price to the Seller, as stated in the order and in the order confirmation sent via e-mail by the Seller to the Consumer.
6.3. If the Products have to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation including indirect taxes (if applicable) is net of any customs duties and any other sales tax that the Consumer undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered. The Consumer is invited to inquire with the proper authorities of his country of residence or of destination of the Products, in order to obtain information about any duties or taxes applied in his country of residence or in the country of destination of the Products.
6.4. Any additional costs, charges, taxes and/or duties that a given country may apply, for any reason, to the Products ordered in accordance with these Conditions, shall be paid exclusively by the Consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, taxes and/or duties -referred to in the previous paragraphs. 6.3. and 6.4.- at the time of sending an order to the Seller, cannot constitute a cause for termination of this contract and cannot in any way charge the Seller for the above charges.
7. Payments
7.1. Payment of the price of the Products purchased on the Site must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product(s) is credited to the Seller's current account.
7.2. Payment can be made by credit card or PayPal, under the conditions described below. The Seller may allow further payment methods by indicating them in the payment section of the Site.
7.3. 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 Shopify operator that handles payments on behalf of the Seller. The transmitted data will be sent in secure mode, by the encrypted data transfer with SSL (SecureSocketLayer) 128 bit. Such data are not accessible even to the Seller.
7.4. If payment is made by bank transfer in favour of the Seller, the Consumer shall indicate the "Swift" and "IBAN" codes indicated in the order confirmation, as well as the order number.
7.5. The Seller shall promptly transmit to the Consumer -if required by applicable law- the tax receipt related to the purchase made in electronic format via e-mail to the address declared by the same, if the purchased Products are to be delivered within Italian territory, or attached in a paper format to the purchased Products, in all other cases.
8.Seller's legal guarantee of conformity, reporting of lack of conformity and warranty interventions
8.1. Pursuant to and for the purposes of the European Directive 771/2019/ EC and the Italian Legislative Decree no.206/2005 (hereinafter "Consumer Code"), the Seller guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty is excluded in the event of use or washing of the Product that does not comply with that of the Product and with the instructions / warnings provided by the Seller and / or by the Owner, or reported in the reference documentation, in the tags or in the labels. The Seller also guarantees that the good is of the quantity, quality, durability, functionality, compatibility and safety ordinarily present in a good of the same type.
8.2. The Consumer can report any defects and non-conformities by sending the correctly completed form to support@vr46.com (click here to download the defective product return form), with indication of the defect and / or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the purchase receipt). The action aimed at asserting the defects not maliciously concealed by the Seller will expiry in any case after twenty-six months from the delivery of the Products to the Consumer.
8.3. Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the assistance service of the Owner and, after carrying out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorise the return of the Products by providing the Consumer with an e-mail reply containing the "Return Code", sent to the address provided by the latter during the registration process on the Site or when transmitting the order. The authorisation to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorised the return must be returned by the Consumer, together with a copy of the return authorisation notice bearing the "Return Code", within 30 (thirty) days of reporting the defect or non-conformity, to the following address:
VR46 Racing Apparel srl
Via Pio la Torre 1
61010 Tavullia (PU)
Tel: 07211776046
ITALY
8.4. In the event of defects or non-conformities, the Consumer will be entitled to have the Product restored to conformity by the Seller, through repair or replacement, or alternative remedies in the cases expressly provided for by the Consumer Code.
If the Seller has undertaken to reimburse the Consumer for the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, again by e-mail at support@vr46.com, the bank details to make the transfer in his favour and to ensure that the Seller is put in a position to be able to return the sum due.
9. Liability for damage from defective products
9.1. As regards any damage caused by defects in the Products, the provisions of the Consumer Code apply. In its capacity of distributor of the Products through the Site, the Seller frees itself from any liability, none excluded and / or excepted, indicating, at the request of the damaged Consumer, the identity and address of the relevant manufacturer.
10. Right of withdrawal
10.1 Subject to the exceptions provided for in Article 59 of the Consumer Code and the case expressly provided for in paragraph 10.7 below, the Consumer is entitled to withdraw from any contract concluded under these Conditions, without having to provide any reason and without penalty, within 14 (fourteen) days from when (i) the Product was delivered, or (ii) in the case of purchase of several Products delivered separately with a single order, the last Product was delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform Triboo Digitale before the expiry of the term referred to in paragraph 10.1 above, of his decision by accessing the "My Returns" page from My Account or, if he is not registered on the site, by accessing the dedicated page and entering the order number and the e-mail with which the purchase was made. Alternatively, the Consumer may send an explicit declaration to Triboo Digitale via the contact form or to the e-mail address support@vr46.com, of his decision to withdraw using the attached standard withdrawal form.
10.3 As a result of what said in the previous paragraph 10.2, the Consumer will receive an email confirming the exercise of withdrawal containing, if he has already received the ordered product in the meantime, the return form to be included in the package, and instructions to proceed with the return of the product, to be transmitted no later than the following 14 days to:
VR46 Racing Apparel srl
Via Pio la Torre 1
61010 Tavullia (PU)
Tel: 07211776046
ITALY
10.4 If the Consumer has received the product, he is required to return it to Triboo Digitale without undue delay and, in any case, within 14 days from the day he announced the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of the return of the goods, as well as the proof of this, will be charged to the Consumer. If the Consumer exercises the withdrawal through the site, before confirming the request for withdrawal he will be shown the cost for the return of the goods, if he wishes to use the return service offered by the site.
10.5 In the event of withdrawal, the Consumer will be reimbursed the payments he has made, including delivery costs (except for the additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any case, no more than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different payment method; in this case, any additional costs deriving from the different means of payment will be charged to the Consumer. The refund can be suspended until the goods are received or until the Consumer demonstrates that he has sent the goods back, if previous.
10.6 The Consumer is responsible for the decrease in the value of goods resulting from a manipulation other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with a sign of wear, abrasion, scratches, deformation, etc.), not complete with all their elements and accessories (including unaltered labels and tags attached to the product), not accompanied by the enclosed instructions/notes/manuals, by the original packaging and by the guarantee certificate, where present, the Consumer will respond to the decrease in the value of the goods, and will be entitled to the amount equal to the residual value of the Product.
To this end, therefore, the Consumer is invited not to manipulate the good as much as strictly necessary to establish the nature, characteristics and functioning of the same and to coat the original wrapping of the Products with other protective packaging that preserves their integrity and protects them during transport even from writing or labels.
10.7 Exclusion of the right of withdrawal – Pursuant to art. 59, first paragraph, letter c) of D. Lgs. 206/2005 (Consumer Code), the Consumer's right of withdrawal is excluded in relation to the supply of Products tailor-made or clearly personalized. With reference to the aforementioned case of exclusion of the right of withdrawal, the Consumer is informed and accepts that the products "tailor made or clearly personalized" include the Products referred to in Article 2.5, relating to which, therefore, the right of withdrawal referred to in this paragraph 10 will not be applied.
The Consumer's right of withdrawal is also excluded in respect of the ‘Tribe Pass’ product referred to in Article 2.6 above.
11. Intellectual property rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive mark, denomination, image, photograph, written or graphic text used on the Website or related to the Products are and remain the exclusive property of VR|46 Racing Apparel S.r.l. with legal office in Pesaro (PU), in Via F.lli Rosselli No. 46, VAT No 02495180412 and/or of its assignees, without any rights to the Consumer on them deriving from the access to the Site and/or the purchase of the Products.
11.2. The contents of the Site cannot be reproduced, either wholly or partially, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of VR-46 Racing Apparel S.r.l. with legal headquarters in Pesaro (PU), in Via F.lli Rosselli No. 46, VAT No 02495180412.
12. Consumer Data and Privacy Protection
12.1. In order to proceed with the registration, the order submission and then the conclusion of the contract on the basis of these Conditions, some personal data are requested from the Consumer through the Website. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by VR|46 Racing Apparel S.r.l., in compliance with and respect to the regulations referred to in the Italian law D.Lgs. 196/2003 and s.m.i. - Privacy Code, to execute each purchase made through the Site and, with his consent, for any further activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and true.
12.3. The Consumer may at any time update and/or modify his personal data provided to the Seller through the appropriate section of the "My Account" website accessible after authentication.
12.4. For any further information on how the Consumer's personal data is processed, please access the Privacy Policy section and read carefully the General Conditions of Use.
13. Security
13.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations related to the protection of electronic communications via the Internet, the Seller and the Owner cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.
13.2. The Seller, with regard to data relating to credit card payments, uses the services of ADYEN NV, which adopts technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14. Applicable law, conciliation attempts and competent court
14.1. Any sales agreement between the Seller and Consumers pursuant to these Conditions will be regulated and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and the Legislative Decree 9 April 2003 n. 70 on certain aspects of e-commerce. In any case, any rights granted to Consumers by provisions of the law in the state of the latter will be saved.
14.2. In the case of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at friendly conciliation that each Consumer will be able to promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce in Milan, which allows both parties to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe way on the internet. For more information on the RisolviOnline regulation or to submit a conciliation request, access www.risolvionline.com.
14.3. As an alternative to the conciliation attempt referred to in paragraph 14.2, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer.
The European ODR Platform is developed and managed by the European Commission, in accordance with the 2013/11/EU Directive and EU Regulation 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair extrajudicial resolutions of disputes concerning contractual obligations deriving from sales contracts or online services between a consumer residing in the EU and a professional established in the UNION through the intervention of an ADR (alternative dispute resolution) that has joined it, which can be selected from a list available there.
For more information about the European ODR Platform or to initiate an alternative dispute resolution procedure for this contract, access the following link: http://ec.europa.eu/odr The Seller's e-mail address to be indicated in the European ODR Platform is as follows: support@vr46.com.
14.4. If the attempt to conciliation referred to in paragraph 14.2 or 14.3 is not adhered to, or if such attempt fails, the dispute will be referred to the judge of the Consumer's place of residence or domicile.