Terms & Conditions
This document contains the general terms and conditions on the basis of which users are offered the use of the website and the application www.bmdmoto.it that offers the purchase of clothing, accessories and spare parts for motorcycles.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings indicated below:
Owner: BMD Bikers Moto & Dreams srl,with registered office in Via Lucchese 84 A/2-3-4, 50019 Sesto Fiorentino (FI), VAT number / Tax Code 07036450489, REA: FI-674947, fully paid up share capital 10,000.00 €, PEC address firstname.lastname@example.org
Application: the website and the application www.bmdmoto.it
Products:the products provided to the user by the Owner
User:any person who accesses and uses the Application
Consumer User:the natural person of legal age who concludes a contract for purposes unrelated to his entrepreneurial, commercial, craft or professional activity that may be carried out
Non-Consumer User:the natural person of legal age or legal person who concludes a contract for the performance or needs of their entrepreneurial, commercial, craft or professional activity
Conditions:this contract governing the relations between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.
2. Scope of the Conditions
The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.
The Terms may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for the supply of a Product.
Before using the Application, the User is required to read the Conditions carefully and to save or print them for future reference.
The Owner reserves the right to change at its discretion, at any time even after the registration of the User, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relative instructions.
3. Purchase or request for supply through the Application
All the Products offered through the Application are described in detail in the relevant product pages (quality, characteristics, availability, price, delivery times and costs, accessory charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more Products through the Application are permitted to both Consumer And Non-Consumer Users.
Natural persons are allowed to purchase and / or request for supply only on condition that they are of legal age. For minors, any purchase and/ or request for the supply of Products through the Application must be examined and authorized by the parents or by the operators of parental responsibility.
The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal for purchase and / or supply request, subject to confirmation and / or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason and / or reason.
The contract of sale or supply of the Products is concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will show the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the delivery address, the times and any delivery costs, the methods to exercise the right of withdrawal or its possible exclusion and the guarantee.
The contract of sale or supply of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.
In the event that the Product is not available, the Owner will inform the User of the new terms of delivery or supply, asking if he intends to confirm the order or not. It is understood that the contract will be considered perfected in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, the relative confirmation and the Conditions.
The User has the burden of keeping their access credentials that must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform the Owner in the event that he suspects or learns of improper use or undue disclosure of the same.
The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless and indemnify from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the User of the rules on registration to the Application or on the retention of registration credentials.
5. Account cancellation and closure
The Registered User may stop using the Application at any time and deactivate his/her account or request its cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address email@example.com or by calling customer service at 055/0330365. In case of violation by the User of the Conditions or of the applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without notice.
6. Prices and payments
For each Product the price including VAT is indicated, if due. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.
In addition, all taxes, additional expenses and delivery costs that may vary in relation to the destination, the delivery method chosen and / or the payment method used will be indicated. If such items of expenditure cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.
The Data Controller reserves the right to modify???? dear, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data requested.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (number of credit cards, name of the holder, password, etc.).
If such third-party instruments should deny authorization to pay, the Owner will not be able to supply the Products and cannot be considered in any way responsible.
The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User that he declares and guarantees to be true will prevail, releasing to the Owner any wider indemnities in this regard.
8. Methods of delivery of Material Products
The material Products and / or digital goods supplied on a material support will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment of taking charge of the courier.
In the event that it is not possible to supply the requested Products, timely notice will be given by e-mail to the User, with an indication of when it is expected to be able to deliver them or the reasons that make the supply impossible.
If the User does not intend to accept the new term or the delivery has become impossible, he may request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase at the latest within 14 days from the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify its compliance with the order placed as well as the integrity of the packaging. In the event that there is obvious damage to the packaging and / or the Product, the User may refuse delivery of the Product and may return it at no cost to him. Once the delivery document has been signed, the User will not be able to make any objection about the external characteristics of the Products delivered.
The Owner will not be liable to any party or third parties for damages, losses and costs incurred as a result of the non-execution of the contract due to force majeure.
9. Exclusion of the right of withdrawal of non-Consumer Users
The non-Consumer User is not granted the right of withdrawal from the contract of sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualilicas him as a non-Consumer User, for which the right of withdrawal is not provided.
10. Right of withdrawal of Consumer Users from the purchase of Material Products
The only Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address firstname.lastname@example.org, using the optional withdrawal form referred to in the following article or any other written declaration.
In the case of separate delivery of several Products, ordered by the Consumer User with a single order, the term of 14 days for the exercise of the right of withdrawal starts from the day on which the last Product was received.
In case of withdrawal, the Consumer User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The Consumer User will only bear the direct cost of returning the Product, unless the Owner has declared to bear it.
In case of withdrawal exercised correctly, the Owner will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User has communicated that he wants to withdraw from the contract.
The Owner is not required to reimburse the delivery costs, if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
The Owner, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.
The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Data Controller will return the purchased Product to the sender, charging the same shipping costs.
11. Optional form to exercise the right of withdrawal
The User can withdraw using the following form which must be completed in its entirey and sent to the e-mail address email@example.com before the expiry of the withdrawal period:
I hereby communicate the withdrawal from the contract of sale or supply relating to the following product __________
Ordered on: _______
Name and Surname: _______
Email associated with the account from which the order was placed: ____________________
12. Warranty of Material Products for Non-Consumer Users
In relation to the Material Products, non-Consumer Users will be applied the guarantees for defects of the thing sold, the guarantee for lack of promised and essential quality and the other guarantees provided for by the Civil Code with the relative terms, forfeitures and limitations (articles 1490 et se.c.c.).
13. Guarantee of conformity of material Products for Consumer Users
The legal guarantee of conformity, provided for by Articles. 128-135 of the Consumer Code, for all Products sold through the Application that fall into the category of "consumer goods", as governed by art. 128, 2nd paragraph of the Consumer Code: any movable property, even to be assembled, except i) goods subject to forced sale or in any case sold in other ways by the judicial authorities, also by delegation to notaries, ii) water and gas, when not packaged for sale in a delimited volume or in a specific quantity, iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Owner has the obligation to deliver to the Consumer User Products that comply with the sales contract. The Products are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
- are suitable for the use for which goods of the same type are usually used
- conform to the description made by the Owner and possess the qualities of the good that the seller has presented to the Consumer User as a sample or model
- present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public statements on the specific characteristics of the Products made in this regard by the Owner, the manufacturer or its agent or representative, in particular in advertising or on labeling
- they are also suitable for the particular use desired by the Consumer User and that has been brought to the attention of the Owner at the time of conclusion of the contract and that the Owner has accepted also for conclusive facts.
Therefore, any failures or malfunctions caused by accidental events or by the responsibility of the Consumer User or by a use of the Product that does not comply with its intended use and / or with the provisions of the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.
The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months following the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After 6 months, the Consumer User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in case of lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, without charge. To this end, the Consumer User can choose between repairing the Product or replacing it.
This right of choice cannot be exercised if the remedy requested is objectively impossible or excessively burdensome. In addition, the Consumer User is entitled to an adequate reduction in the price or to the termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Data Controller has not repaired or replaced within a reasonable period; iii) the replacement or repair has caused significant inconvenience to the Consumer User.
If the Consumer User intends to take advantage of the remedies provided for by the guarantee of conformity, he must send a written communication to the e-mail address firstname.lastname@example.org or by calling customer service at 055/0330365.
The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the defect reported.
14. Content submitted by Users
The User may upload Content to the Application, provided that it is not illegal (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violates the privacy, intellectual and / or industrial property rights of the Owner and / or third parties), deceptive, or is not otherwise harmful to the Owner and / or third parties or does not contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and undertakes to indemnify and hold the Owner harmless from any damage, loss or expense.
The User guarantees that the Content is sent to the Application through his account from the age of majority. For minors, the sending of Content must be examined and authorized by the parents or by the operators of parental responsibility.
The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, content management and contact between Users and is therefore the only guarantor and responsible for the correctness, completeness and lawfulness of the Contents and their behavior.
It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to appropriate his identity, or otherwise to falsely declare theorigine of the Contents.
The Owner is not able to ensure timely control over the Content received and reserves the right at any time to delete, move, modify those that, at its discretion, appear illegal, abusive, defamatory, obscene or dasposing to copyright and trademarks or in any case unacceptable.
Users grant the Owner a non-exclusive right of use on the Submitted Content, without limitation of geographical areas. The Owner may therefore, directly or through third parties of its trust, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any mode of communication) in any form, any Content (including images, messages, including audio and video) that should be sent by the User, also through third parties.
The Content sent will not be returned and the Owner will not be liable to the Users for the loss, ways???? ca or destruction of the Transmitted Content.
It is expressly prohibited, unless explicitly authorized by the Owner: i) the use of automatic ad loading systems, except those expressly authorized, ii) the serial publication and / or management of ads on behalf of third parties by any means or method, iii) resell the services of the Owner to third parties.
15. Creative Commons License
The Content and/or materials available on the Application are made available under the terms of this Creative Commons Public Licence CC BY 4.0 IT (hereinafter the "License"). The Contents and/or materials available on the Application are protected by copyright, other rights conferred by copyright law (related rights, database rights, etc.) and/or other applicable laws. Any use of the content and/or materials available on the Application that is not authorized under the License and/or other applicable laws is prohibited.
The Owner grants the User the rights listed below provided that the same agrees to comply with the terms and conditions of the License.
The Owner allows the User to reproduce, distribute, communicate to the public, represent, perform, recite, transform the Contents and / or materials available on the Application by any means and format, for any purpose, including commercial, provided that the User acknowledges the authorship of the work to the Owner and provides a link to the license and indicates if any changes have been made. The full License is available at this address: https://creativecommons.org/licenses/by/4.0/legalcode.it
16. Disclaimer of Warranty
The Application is provided "as is" and "as available" and the Owner does not provide any express or implied warranty in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will never have interruptions or will be error-free or that it will be free of viruses or bugs.
The Owner will endead to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.
17. Limitation of Liability
The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside its control or that of its suppliers.
The Owner will also not be liable for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to any full refund of the price paid and any accessory charges incurred.
The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (number of credit cards, name of the holder, password, etc.)
The Data Controller will not be responsible for:
- any loss of business opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner
- incorrect or unsuitable use of the Application by Users or third parties
- the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct insertion
Under no circumstances may the Owner be held responsible for a sum exceeding twice the cost paid by the User.
18. Force majeure
The Data Controller cannot be held responsible for the failure or delay in fulfilling its obligations, for circumstances beyond the reasonable control of the Data Controller due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfillment of the obligations by the Data Controller will be considered suspended for the period in which force majeure events occur.
The Data Controller will perform any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
19. Linking to Third Party Sites
The Application may contain links to third-party sites/applications. The Data Controller does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, for which the Data Controller assumes no responsibility.
21. Applicable law and jurisdiction
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to bring an action before a court other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles. 18, 19 and 20 of the Civil Procedure Code.
This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
For non-Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Owner is based.
22. Online Dispute Resolution for Consumer Users
The Consumer User residing in Europe must be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicially any dispute relating to and / or deriving from contracts for the sale of goods and supply of services stipulated on the network. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/