1. GENERAL PROVISIONS

1.1 Purpose and Field of Application
The following provisions are intended to regulate the use of the online sales of the various products and services offered by Scalvini Racing Srl, a commercial company which operates on the internet via its website scalviniracing.it and which offers its clients exhausts and accessories for competitions of motocross, enduro, supermoto, ATV, vintage motorbikes and track racing.
The relationship between Scalvini Racing Srl and the Client established by the following conditions should not be perceived as a relationship of mandate, representation, collaboration, association, or any other similar or equivalent contract.

2. Form and Content of Contract

The online transmission of the Proposal to Scalvini racing Srl and the payment of the amount requested thereunder, constitute full acceptance of these general terms and conditions, drawn up and prepared in compliance with the provisions contained in the Legislative Decree of 6th September 2005 n.206 (Consumer Code) and the Legislative Decree of 31st January 2007 n.7 (Urgent measures for the protection of consumers, the promotion of competition, the development of economic activities and the creation of new businesses).
For all legal purposes, it will be assumed that the User/Client accepts the conditions and rules for use indicated here on confirmation of the order. Scalvini Racing Srl reserves the right to modify, in part or whole, these general conditions, applying the new agreements from the date of their publication of the website. In any case, unless otherwise specifically agreed, such changes will have no retroactive effect on any contracts previously stipulated. It is forbidden for the Client to insert additional clauses and/or footnotes, or to modify this contract in any way, unless specifically approved in writing by Scalvini Racing Srl.
Any invalidity or ineffectiveness of one or more of the clauses in this contract will in no case affect the validity of effectiveness of the other clauses. For anything not contemplated in these general conditions, the prisons of the appropriate law will apply.

3. DEFINITIONS

The terms contained in these general conditions do not deprive the Client of the rights attributed to him or her under the current applicable laws, including the rights and actions referred to in the Legislative Decree of 6th September 2005 n. 206.

3.1 Scalvini Racing Srl
Scalvini Racing Srl is a limited partnership, registered office in Bovezzo (BS), Italy, Tax Code IT 03100300981, Brescia Company Register number 505201. The company carries out its online sales activity using its own website, www.scalviniracing.it, and can be contacted at the following email address info@scalviniracing.it.
3.2 The Client
The Client is defined as the person indicated in the order, with whom the contract is concluded in accordance with the provisions of these general terms and conditions. A User who registers on the Scalvini website in order to access certain areas of said website is also considered a Client.
In accordance with the provisions of article 3 of the Legislative Decree of 6th September 2005 n. 206, the Client is further defined as:

• Consumer – a physical person who acts for purposes other than entrepreneurial, commercial, artisan or professional activities;
• Professional – a physical person who acts in the exercise of his or her business, commercial, artigianal or professional activity, or any intermediary thereof.

3.3 The User
This expression defines any person freely accessing the internet site scalviniracing.it directly or from any other website, without proceeding with the registration proposed by Scalvini Racing Srl.
In accordance with the provisions of article 3 of the Legislative Decree of 6th September 2005 n. 206, the User is further defined as:

• Consumer – a physical person who acts for purposes other than entrepreneurial, commercial, artisan or professional activities;
• Professional – a physical person who acts in the exercise of his or her business, commercial, artigianal or professional activity, or any intermediary thereof.

3.4 Registration
Defined as the operation by which the User provides personal information to Scalvini Racing Srl by entering said information in a specific section of the website, in order to reach areas of the website with restricted access as well as in order to precede with the purchase of products or services offered by Scalvini Racng Srl.

3.5 General Conditions 
The clauses contained in the present document, which form an integral and substantial part of the contract between the User/Client and Scalvini Racing Srl when purchasing products or services via the website scalviniracing.it.

3.6 The Contract 
The contract concluded according to the procedures referred to in the following article 5 is composed of these General Contract Conditions and the Offer.

3.7 The Offer of Purchase 
Application for goods or services which, duly completed in all its parts, the Client submits to Scalvini Racing Srl in accordance with the provisions of article 5.2 below.

3.8 Order Confirmation 
Communication sent by Scalvini Racing Srl to the Client as confirmation of the acceptance of the Offer of Purchase, within the deadline referred to in Article 5.2 of these General Contract Conditions.

3.9 Service 
Defined as the online sale via the website scalviniracing.it of exhausts and accessories for competitions of motocross, enduro, supermoto, ATV, vintage motorbikes and track racing, as well as the provision of complementary, collateral and accessory services such as, by way of example, the registration of the Client, the cataloging of the products, the identification of the technical and commercial characteristics of the products themselves, and any commercial assistance.

4. . OBJECT OF THE CONTRACT

4.1 Object 
These General Conditions regulate the sale of products and the provision of services offered by Scalvini Racing Srl through its website, the rights and obligations arising from the contract concluded with the User/Client as well as the forms of marketing and advertising sent to the User/Client.

4.2 Access to the Service
It is the responsibility of Scalvini Racing Srl to maintain, modify or suspend without notice the website scalviniracing.it. Any User accessing said site, either directly or indirectly, has th right to free access of the public information contained within the site, although Scalvini Racing Srl reserves the right to limit access to certain information, promotions and special offers for the customer only. Any User accessing the website scalviniracing.it has the right to register as a Client without obligation of purchase, for the sole purpose of accessing the areas of limited access and benefiting from special offers intended for this type of customer.

4.3 3 User Registration
Before proceeding with the purchase of the Service offered by Scalvini Racing Srl, the User must register, providing his or her personal data as well as any useful or necessary information for the correct conclusion of the sales contract (for example: name and surname or company name, tax code/VAT number, shipping address, billing address, e-mail address, telephone/fax number). Scalvini Racing Srl offers the Client an efficient and secure system for collecting and recording his personal data through personalized access credentials (combination of username and password) to facilitate the Client in future purchases. The Client may indicate the desired credentials as desired, under the condition that the same are available and have therefore not been assigned to another Customer. Should the Client so desire, through an automated process and without registering any information, Scalvini Racing Srl will randomly generate access credentials which can be used. Access credentials with immoral, offensive, oppressive, discriminatory content or content that are in any case in contrast with current legislation will not be accepted, nor those that allude to brands, products or names protected by the laws on industrial and intellectual property rights or in conflict with the right to privacy. The Client undertakes to protect and adequately guarantee the confidentiality of his access credentials. Scalvini Racing Srl will in no case be held responsible for any damage caused to the Client by theft, loss or theft, improper or fraudulent use of access credentials, even by third parties, where they are a direct or indirect consequence of the Client’s behaviour.

4.4 Limitation of Liability
Within the limits of what is allowed by the applicable legislation in force, the User/Client acknowledges that the use of the Portal is at his or her own risk. The website www.scalviniracing.it is provided “as is” and “as available”. Scalvini Racing Srl does not offer any specific guarantee regarding the results that are expected, hoped for or obtained with the use of the Portal. Within the limits established by article 1229 of the Civil Code, the User/Client declares and guarantees to indemnify Scalvini Racing Srl or, its representatives, employees, collaborators, consortium members as well as its partners, from any compensation or obligation, including legal fees, which may arise at the Client’s own expense in relation to the use of the website. If the applicable legislation does not allow an exemption from liability, the liability of Scalvini Racing Srl must in any case be limited to the extent permitted by law. Scalvini Racing Srl declines all responsibility for any claims of users relating to the inability to use the website and/or the Services for any reason. The information relating to products and services offered for sale on the website www.scalviniracing.it, has the sole purpose of indicating the main characteristics of the products and services themselves, without this being a failure to comply with the obligations imposed by the articles. 6 and following of Legislative Decree of 6th September 2005 n. 206 (the so-called Consumer Code). Scalvini Racing informs all prospective Clients that its PRODUCTS ARE NOT APPROVED for road use, but only for competitive use, thereby declining any liability for any use not permitted by the law in force in the state in which the product is used.

5. CONCLUSION OF THE CONTRACT

5.1 Invitation to Negotiation
The information contained in advertising materials, brochures, other promotional materials, on the website or, in any other circumstance, provided to the Client by agents or employees of Scalvini Racing Srl, constitutes an invitation to negotiation on the part of Scalvini Racing Srl. None of this information should ever be considered as offering to sell or supply products and services. Scalvini Racing Srl has the sole right to insert and modify the price of the products included on its website.

5.2 Offer 
To make an Offer of Purchase, the Client must be above legal age and contactable by telephone. The Client makes an Offer of Purchase to Scalvini Racing Srl by filling out the appropriate form after registering and creating his or her personal account. By signing the Offer, the Client is responsible for the truthfulness of the information provided and recognizes the right of Scalvini Racing Srl to take any references and information on his account, necessary for the correct provision of the Service, observing the rules on the processing of personal data contained in the Legislative Decree of 30th June 2003 n.196. Offers made with methods other than those indicated above will not be accepted. At the time of submitting an Offer, Scalvini Racing Srl will electronically store all the information, including personal information, contained therein, providing for the assignment of a progressive Order Number. The Client’s Offer constitutes an irrevocable purchase proposal for the Service or Product chosen on the basis of these General Contract Conditions, pursuant to and for the purposes of Article 1329 of the Civil Code, for the period of five working days from its sending. Scalvini Racing Srl will be free to accept or decline said Offer.

5.3 Offer Confirmation
Should the deadline referred to in point 5.2 above be reached without Scalvini Racing Srl accepting the Offer, the Client will be free from any commitment towards Scalvini Racing Srl and may refuse the Service or Product. If the Offer is accepted, the Client will receive an Order Confirmation by e-mail. The Order Confirmation will be effective from the moment it is sent to the address communicated by the Client. Although Scalvini Racing Srl undertakes to do everything possible to supply the products advertised on the website or indicated in the Order Confirmation, its commitment to sell and distribute the goods offered is subject to the stock of the product and its availability, for which it could accidentally and exceptionally find itself unable to supply these products because, for example, they are no longer in production, multiple orders have been placed online which have led to the end of the stocks, or it could happen that the order is not valid due to a material error in the indication of the price on the website www.scalviniracing.it. In the event that one of the aforementioned hypotheses occurs, Scalvini Racing Srl will promptly contact the Client to inform him or her and offer him or her products which can be purchased alternatively of equivalent or superior value and quality. If the Client decides the alternative products are not suitable, Scalvini Racing Srl will consider the contract terminated with reference to the products which cannot be supplied, returning any amount already paid to the Client. In any circumstances in which Scalvini Racing Srl is not be able to deliver to the Client the products or services requested by the same, the responsibility will not go beyond the return to the Clients of the amounts already paid, without it being, in favour of any of the parties, any compensation for non-fulfillment, emerging damage or loss of profit. Scalvini Racing Srl has the right to refuse the Client’s Offer due to lack of stock or in the event that the Client does not provide for advance payment.

6. BILLING AND PAYMENT

6.1 Pricing
The information on the final price, or retail price, of a product or service, includes the final cost to the Client, including Sales Tax and delivery costs. The complete price will be communicated to the Client during the process of on-line purchase before acceptance is given by the Client. Possible discounts or promotional gifts may be freely provided by Scalvini Racing Srl to any groups designated by it at any time, depending on the product offered, as per the appropriate advertising on the website.

6.2 Unilateral price changes
Scalvini Racing Srl reserves the right to change the price of products and services on its website at any time and unilaterally. Scalvini Racing Srl guarantees that the price charged to the Client will be that indicated on the website www.scalviniracing.it at the moment of formalising the order, according to the Order Confirmation.

6.3 Payment Methods
The payment of the sum or sums due at the termination of the Contract may only be made via one of the methods indicted in the Order Confirmation. The Client understands that the choice of payment method may lead to a postponement of the due delivery date, given that said delivery will only take place following completion of payment.

6.4 Invoicing
Scalvini Racing Srl will issue a specific tax invoice for each order, made out to the legal company or person placing the order. This invoice will be delivered with the order to the address designated by the Client. The Client is solely responsible for the accuracy and truthfulness of any information provided to Scalvini Racing Srl for the purposes of the invoice. Scalvini Racing warns that, once issued, it will not be able to subsequently modify any sales invoices in compliance with current legislation.

7. TERMS AND METHOD OF DELIVERY OF PRODUCT

Scalvini Racing Srl will make every reasonable effort to provide the Client with the requested Products as soon as possible; however, the procurement times depend on factors external to Scalvini Racing Srl, such as the commercial policies of the suppliers, while the delivery times will be diversified in consideration of a series of circumstances, among which, the method of payment and the place of delivery. Any term for the availability and delivery of the products in any way communicated by Scalvini Racing Srl must be considered approximate, non-essential and in any case in one’s favour and such as not to determine its formal notice. The ownership and the risks of losses relating to the purchased products will be transferred to the Client at the time of their delivery.

7.1 Courier Delivery
Scalvini Racing Srl provides for the delivery of the products requested by the Client via leading companies which offer guarantees of efficiency and quality of service. The Carrier will then deliver the goods together with a document containing the information necessary to identify the Client (the Client is required to confirm ownership of the order or any proxy with an identity document), the order number, the amount to be paid on delivery (only for orders with cash on delivery payment methods) and the number of packages making up the shipment. Once the ordered products have been delivered to the carrier, Scalvini Racing Srl will send the Client a confirmation of shipment via e-mail (if in possession of the relative address). In any case, the transport document will constitute proof of delivery to the carrier.

7.2 Delivery Destination
Scalvini Racing Srl is able to deliver the products on its website all over the world. The Products purchased by the Client will be delivered to the address indicated in the Offer. Any changes to the destination must take place within the day before that indicated for delivery by sending an e-mail to info@scalviniracing.it

RIGHT OF RETURN

In compliance with the provisions of articles 64 and following of the Legislative Decree of 6th September 2005 n.206 (and subsequent amendments and additions), the Client (consumer), if not satisfied with the products or the content of the services purchased from Scalvini Racing Srl, may return the same products or renounce the right to accept the services and obtain a refund of the price already paid in advance. The costs of returning the product from the Client to Scalvini Racing Srl are charged to the Client.

8.1 Method
For this purpose, the Client must contact Scalvini Racing Srl within 10 days following the delivery of the products or within 10 days following the purchase of the services, with a written communication sent by registered letter with return receipt and e-mail message to info@scalviniracing.it, containing all the necessary and useful information for the correct processing of the return and refund procedure. This communication must necessarily contain the information indicated below:

the express desire of the Client to withdraw in whole or in part from the purchase contract;
the number and copy of the document (invoice – transport document) proving the purchase of the order for which the right of withdrawal is to be exercised;
the description and codes of the Products with respect to which the right of return is exercised;
the credit will be made by bank transfer (for original payments by bank transfer) or by direct payment to the credit card (for original payments with Wirecard and PayPal).

Following receipt of the communication with which the Client communicates his will to exercise the right of return, Scalvini Racing Srl, having verified the correspondence with the above requirements, will communicate with the Client by e-mail, detailing the methods with which to make the return of the products. The return of the products in favour of Scalvini Racing Srl must take place within 10 days following the delivery of said e-mail.
From receipt of the products until their return, the Client is required to keep said products received with the utmost care and diligence, keeping them intact together with the original internal and external packaging. All costs and risks resulting from the transport operations for the return of the products are the full responsibility of the Client, without prejudice to the right of the latter to insure the shipment, bearing the relative costs. In no case will it be possible to manage the return of products or the exchange of goods directly to the headquarters of Scalvini Racing Srl. Only the return of products by courier or postal service is allowed.

8.2. Effects of Return
The European Court of Justice (case C-511/08), following Directive 97/7 which regulates distance contracts (online, by telephone, etc.) recognizes that the Client has the right of return, to be exercised within a certain period, without any penalty. The seller must reimburse the sums paid by the consumer; that is, everything that the Client has paid, including the costs of receiving the goods. In case of return, the only expense that the Client must bear is that involving the shipping of the goods to the seller (Scalvini Racing Srl). (Judgment of the European Court of Justice, section IV, 15/04/2010, case C-511/08). The incorrect exercise of the right of return, according to the regulatory and contractual provisions, permits Scalvini Racing Srl to return the products returned by the Client to the sender, with a consequent increase in transport costs.

8.3 Exclusion to the Right of Return
Scalvini Racing Srl reserves the right to refuse any refund if the Client has made use of the purchased goods. The return of the products and the reimbursement of the consideration are always subject to the integrity of the products purchased. Scalvini Racing Srl will only accept minimal wear of the product, without the conditions of the product having been altered at the time of delivery. In case of excessive use of the goods, the return will not be accepted.
Scalvini Racing Srl will not accept returns of products handled by the Client, or of goods which are returned incomplete of their main elements and accessories. It is not possible to exercise the right of return beyond the established term. Likewise, no goods or orders will be collected which, due to their special characteristics, can be considered tailored to the Client.

PRODUCT GUARANTEE

9.1 Method
It is the responsibility of the Client to agree with Scalvini Racing Srl, within 10 days from the date of delivery, also by e-mail, the methods of return and shipment of the product before returning a non-compliant item. Scalvini Racing Srl, having received this communication, will undertake to indicate to the Client the place and method of shipment of the product. In the case of bulky products Scalvini Racing Srl will arrange for them to be collected by its own courier. If the Client, within the aforementioned 10-day period, fails to agree with Scalvini Racing Srl the methods of exercising the guarantee, including the methods relating to the return of the product, he will lose the right to assert the guarantee. Once the Product has been received, Scalvini Racing Srl will check it and, if the lack of conformity is found, it will send the repaired product or the replacement product to the Client. If, at the outcome of the check, the product is not affected by a lack of conformity, Scalvini Racing Srl will inform the Client about the costs necessary for its repair or replacement. The costs relating to the transport of products that do not have conformity defects will be charged to the Client. The internal complaints procedure may require a few days.

Shipment

7. TERMS AND METHOD OF DELIVERY OF PRODUCT
Scalvini Racing Srl will make every reasonable effort to provide the Client with the requested Products as soon as possible; however, the procurement times depend on factors external to Scalvini Racing Srl, such as the commercial policies of the suppliers, while the delivery times will be diversified in consideration of a series of circumstances, among which, the method of payment and the place of delivery. Any term for the availability and delivery of the products in any way communicated by Scalvini Racing Srl must be considered approximate, non-essential and in any case in one’s favour and such as not to determine its formal notice. The ownership and the risks of losses relating to the purchased products will be transferred to the Client at the time of their delivery.

7.1 Courier Delivery
Scalvini Racing Srl provides for the delivery of the products requested by the Client via leading companies which offer guarantees of efficiency and quality of service. The Carrier will then deliver the goods together with a document containing the information necessary to identify the Client (the Client is required to confirm ownership of the order or any proxy with an identity document), the order number, the amount to be paid on delivery (only for orders with cash on delivery payment methods) and the number of packages making up the shipment. Once the ordered products have been delivered to the carrier, Scalvini Racing Srl will send the Client a confirmation of shipment via e-mail (if in possession of the relative address). In any case, the transport document will constitute proof of delivery to the carrier.

7.2 Delivery Destination
Scalvini Racing Srl is able to deliver the products on its website all over the world. The Products purchased by the Client will be delivered to the address indicated in the Offer. Any changes to the destination must take place within the day before that indicated for delivery by sending an e-mail to info@scalviniracing.it