GENERAL CONDITIONS OF SALE

The offer and sale of products on the web site demonrace.com are governed by these General Conditions of Sale. The Customer is obligated to read these general conditions of sale carefully before placing an order. Sending the purchase order implies that you are fully aware of, and expressly accept, the above-mentioned general conditions of sale and the terms on the Order Form. Once the online purchase is concluded, the Customer is required to print and keep these general conditions of sale and the relative order for, which he has already reviewed and accepted.

1. OBJECT

1.1 The object of these General Conditions of Sale is the sale of products made online through the eCommerce service of the site demonrace.com. In consideration of the high number of products made available, the main features and the prices of the products (including any additional cost) are clearly indicated directly on the website.

1.2 The products on the site can only be purchased and delivered in the countries listed on the Order Form. Any orders for shipment outside of these countries will be automatically rejected during the order processing procedure.

2. SUBJECTS

2.1 The products are sold directly by the company Demon Race S.r.l. with registered and administrative office in Italy, at Via Bazzanese, 32/7 - 40033 Casalecchio di Reno (BO), tax code and registration number in the Bologna Business Register no.03521791206, VAT number 03942091202 (hereinafter Demon Race or Seller).

For any information request, the Customer can contact the Demon Race eCommerce Department:

  • by email at the following address: info@demonrace.com
  • by phone at the following number: +39 051 0216833
  • by WhatsApp at the following number: +39 3518 587 659
  • by mail at the following address: eCommerce Office Demon Race S.r.l.
    Via D.Cimarosa, 115/1 40033 – Casalecchio di Reno (BO) – Italy

2.2 These General Terms of Sale govern the offer, forwarding, and acceptance of purchase orders for products on demonrace.com and do not regulate the provision of services or the sale of products by parties other than the Seller that are present on demonrace.com through links, banners, or other hypertext links. Before forwarding orders and purchasing products and services from parties other than the Seller, we suggest checking their sales conditions, because the Seller is not responsible for the provision of services by third parties other than the Seller.

2.3 The products are sold to the Customer identified by the data entered at the time of completion and submission of the order form in electronic format with the simultaneous acceptance of these General Terms of Sale.

2.4 The product offers on the demonrace.com website are addressed to adult customers.

If the Customer is under 18 years old, to purchase on the demonrace.com website, they must first have the consent of a parent or legal guardian. By placing an order through this website, the Customer guarantees that they are of legal age (18 years) and have the legal capacity to enter into binding contracts.

2.5 The Customer is prohibited from entering false, and/or invented, and/or fictional names in the online ordering process and in further communications. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.

2.6 By accepting these Terms of Sale, the Customer also releases the Seller from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the Customer at the time of entering the online order, being the Customer the only responsible for their correct entry.

3. SALE THROUGH ELECTRONIC COMMERCE SERVICE

3.1 Online sales contract refers to the distance contract concerning the sale of movable goods (hereinafter Products) stipulated between the Customer and Demon Race, as the Seller, within the framework of an electronic commerce service organized by the Seller that, for this purpose, uses the distance communication technology known as the Internet.

3.2 To conclude the purchase contract for one or more Products, the Customer must fill out the electronic order form (hereinafter Order) and send it to the Seller through the Internet following the relevant instructions.

3.3 The Order contains:

  • a reference to these General Terms of Sale;
  • information and images of each Product and its price;
  • the means of payment that can be used;
  • the delivery methods for the purchased Products and the related shipping and delivery costs;
  • a reference to the conditions for exercising the right of withdrawal;
  • the methods and times for returning purchased products.

3.4 Although Demon Race constantly takes measures to ensure that the photographs shown on the Site are faithful reproductions of the original products, including adopting every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution features of the computer used by the Customer. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, as these representations are merely illustrative.

3.5 Before concluding the contract, the Customer will be asked to confirm the reading of the General Terms of Sale, including the information on the right of withdrawal and the processing of personal data.

3.6 The contract is concluded when the Seller receives the Order Form via the Internet, after verifying the correctness of the data relating to the order.

3.7 The language available to conclude the contract with the Seller is Italian, and the applicable law is Italian law.

3.8 Once the contract is concluded, the Seller will process the Order for fulfillment.

4. ORDER PROCESSING

4.1 By submitting the Order via the Internet, the Customer unconditionally accepts and agrees to comply with these General Terms of Sale in relations with the Seller.

4.2 Once the contract is concluded, the Seller will send the Customer an Order Confirmation by email, containing a summary of the information already included in the Order described in paragraphs 3.3, 3.4, and 3.5.

4.3 The Seller reserves the right, before sending the Order Confirmation, to request additional information from the Customer via email or phone regarding the Order submitted through the Internet.

4.4 The Seller may not process purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in case of product unavailability. In such cases, the Seller will inform the Customer by email that the contract has not been concluded and that the Seller has not proceeded with the Order, specifying the reasons. Additionally, despite all efforts, it is possible that for a small part of the products on demonrace.com, an incorrect price may be indicated. The Seller will check the correctness of product prices during the order verification process and subsequent product shipment. If, due to inconveniences or other issues, the price indicated on the site is lower than the correct sale price of a product, the Customer will be contacted to verify if they still wish to purchase the product at the correct price. Otherwise, the order will not be accepted. If the correct price of a product is lower than the one indicated on the site, only the lower correct price will be charged, and the product will still be shipped.

4.5 If the products presented on the website are no longer available or on sale after the Order has been sent, the Seller will promptly inform the Customer in writing via email, and in any case within thirty (30) working days from the day following the Order transmission to the Seller, of the unavailability of the ordered Products and will indicate any available substitute products of equal or higher value, with the Customer paying any price difference. Unless the Customer requests to purchase a replacement product, Demon Race will refund any amounts already paid by the Customer as soon as possible and in any case within 14 days from the date the order was canceled.

4.6 The Seller undertakes to deliver the ordered products to the Customer as quickly as possible, normally within 5/7 working days and in any case within a maximum period of 30 days from the date of contract conclusion.

4.7 Each sale made by the Seller through the online sales service may involve one or more products. All orders placed on the site must correspond to normal consumer needs. This requirement applies both to the number of products purchased with a single order and to multiple orders for the same product, even if each order includes a quantity of products corresponding to normal consumer needs.

4.8 Demon Race reserves the right to refuse orders from a customer with whom there is an ongoing dispute and/or a complaint related to a previous order. This also applies to all cases where Demon Race considers the customer unsuitable, including, for example, cases of previous violations of contract conditions for online purchases on the Site or for any other legitimate reason, especially if the customer has been involved in fraudulent activities of any kind.

5. SALE PRICES

5.1 Unless otherwise indicated in writing, all prices of Products and shipping and delivery costs indicated on the website and in the Order are inclusive of VAT and expressed in Euros. The validity of the indicated prices is always and only the one indicated by the website at the time of Order transmission through the Internet. The prices of Products and shipping and delivery costs may change without notice. Therefore, the Customer must check the final sale price before submitting the relevant Order.

5.2 All Products are shipped directly from Italy. The prices of Products and shipping and delivery costs indicated on the website and in the Order, unless otherwise specified, do not include any costs related to customs duties and related taxes, which cannot be calculated in advance if the shipment is made to non-EU countries or to countries where the applicable regulations provide for import charges. In such cases, the existence of any additional costs mentioned above is entirely borne by the Customer and must be paid directly at the time of Product delivery, according to the indications specified in the Order Confirmation.

6. PAYMENT METHODS

To pay for the price of the Products and the related shipping and delivery costs, the Customer can choose one of the methods indicated in the order form on the demonrace.com website, summarized below.

6.1 CREDIT AND PREPAID CARDS

6.1.1 For online orders on the demonrace.com website, payments are accepted with credit cards from the Visa, Visa Electron, Mastercard, American Express, Maestro, Aura, and Discover circuits, as well as prepaid cards (e.g., PostePay) without any additional charges on the product and shipping cost. It is understood that the credit card used must be valid at the time of ordering the Products purchased online.

6.1.2 At the time of online purchase, upon Order Confirmation, the reference bank will debit the amount related to the Order from the Customer's available credit card balance.

6.1.3 If, once the package is received, for any reason the Customer wishes to exercise the Right of Withdrawal after paying for the Products purchased online, the Seller will instruct the bank to credit the amount to be refunded directly to the Customer's credit card. Once the transaction has been canceled, in no case can Demon Race be held responsible for any damages, direct or indirect, caused by delay in the failure to refund the amount by the banking system.

6.1.4 At no time during the purchase process is Demon Race able to store the buyer's credit card information, which is transmitted via a secure connection directly to the site of the bank handling the transaction. No computer archive of Demon Race will retain such data. Therefore, in no case can Demon Race be held responsible for any fraudulent and improper use of credit cards by third parties at the time of payment for the products purchased.

6.2 PAYPAL

6.2.1 If the Customer has a PayPal account, Demon Race allows payments to be made directly using the email and password registered on www.paypal.com. Financial data will not be shared with Demon Race but will be handled directly by PayPal.

6.3 CASH ON DELIVERY

6.3.1 Payment on delivery is not usually provided for, but if the customer expressly requests it through the contact form, an additional cost for handling the "Cash on Delivery" method will be estimated. Payment will be made directly to the courier delivering the products and can only be made in cash and up to amounts of €999.99 (pursuant to Legislative Decree 90/2017). When choosing the payment method, the Customer will be informed that payments exceeding the thresholds set by the relevant legislation will not be accepted.

If the customer chooses this payment method for an amount exceeding €999.99, Demon Race's customer service will contact the Customer to propose an alternative payment method.

6.4 ADVANCE BANK TRANSFER

6.4.1 It is possible to pay for the order quickly and securely using your home banking. The ordered items will only be sent upon actual crediting of the amount due to Demon Race's account. The Customer must make a transfer corresponding to the amount specified in the order confirmation with the following references:

  • Account Holder: Demon Race S.r.l.
  • IBAN: IT 79 T 02008 36671 000106165494
  • BIC/SWIFT: UNCRITM1NN0
  • Reason: Order confirmation number

The proof of the transfer, including the CRO (operation reference code), must be sent to Demon Race (via email to info@demonrace.com) no later than 5 working days from the date of order acceptance. After this deadline, the order will be automatically canceled.

7. SHIPPING AND DELIVERY OF PRODUCTS

7.1 Each shipment contains:

  • the ordered product(s);
  • the related shipping document/invoice;
  • any accompanying documentation required based on the shipping country;
  • any informational and marketing materials.

7.2 The delivery of Products purchased through the Seller's website can only be made to the Customer's home address.

7.3 The purchased products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order with standard shipping, meaning at street level.

7.4 Upon delivery of the goods by the courier, the Customer is required to check:

  • that the number of packages delivered matches the number indicated on the courier's delivery note;
  • that the packaging is intact, not damaged, wet, or otherwise altered, including the sealing materials (adhesive tape or metal straps).

Any damage to the packaging and/or the product or mismatch in the number of packages or indications must be immediately contested by placing a WRITTEN RESERVATION OF INSPECTION on the courier's delivery note. Once the courier's document is signed, the Customer cannot contest the external characteristics of what has been delivered. Any issues related to the physical integrity, correspondence, or completeness of the received products must be reported within 5 days of delivery by writing to info@demonrace.com. Otherwise, the possibility of asserting such rights will lapse, except in any case for the Customer's right to the legal warranty of conformity referred to in point 9 and following and the right of withdrawal referred to in point 8.

7.5 During the purchase process, the Customer must request Demon Race to issue a tax invoice, if desired. In this case, Demon Race will send it to the email address or residence address provided during registration. For the issuance of the invoice, the information provided by the Customer at the time of the Order is binding. After the invoice has been issued, it will not be possible to change the data provided, so the Customer is invited to carefully check the data entered before submitting the Order.

7.6 If the invoicing document is not requested at the time of order entry, it cannot be issued afterward under any circumstances.

As an online seller, Demon Race's sales system does not require the issuance of an invoice (nor a receipt or tax receipt) to a consumer (non-VAT holders), according to Article 22 of the Presidential Decree of 26/10/1972 n. 633 and Article 2, letter oo) of the Presidential Decree of December 21, 1996, n. 696 (as confirmed by Resolution no. 274/E of November 5, 2009). If the invoice is not requested by the Customer, Demon Race will still send the consumer a purchase receipt to the email address or residence address provided during registration, which is not valid for tax purposes but useful for assistance or warranty purposes only.

8. RIGHT OF WITHDRAWAL

8.1 Pursuant to Articles 52 et seq. of Legislative Decree 206/2005, only if the Customer who enters into the contract is a Consumer (meaning any natural person who acts on the site for purposes unrelated to any business or professional activity carried out), will they have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, by notifying the Seller within ten (10) days from the day the Customer or a third party, designated by the Customer and different from the Carrier, acquires physical possession of the goods. It is recalled that, as provided by current legislation, the right of withdrawal is excluded and cannot be exercised in the case of products that have been customized at the explicit request of the Customer at the time of placing the Order.

8.2 The right of withdrawal can be exercised within 14 days of receiving the product by sending an email to: info@demonrace.com. For this purpose, it is mandatory to use the RMA Form published on the site under the Returns and Exchanges section. The refund of the price paid for the purchase of the product does not include shipping costs, which are entirely borne by the Customer who intends to withdraw from the purchase.

8.3 The right of withdrawal is subject to the following mandatory conditions:

  • the returned products must be returned in their entirety and not in parts or components, even in the case of kits;
  • the returned products must not have been used, worn, washed, soiled, or damaged and must not show any signs of use;
  • the returned products must be returned packaged exactly as they were shipped, complete with all accessories, packaging, and labels;
  • the returned products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept products from the same Order returned and shipped at different times.

In cases where the Seller, following the purchase of a specific package of products, offers the possibility of purchasing them at a lower price than would normally be practiced if purchased individually (e.g., 5×4, 3×2, etc.), the right of withdrawal can also be exercised by returning only some of the purchased products: in this case, the price will be recalculated by referring to the price normally practiced for the purchase of the single product. In all other cases (e.g., bundled sales, prize operations, etc.), the right of withdrawal can only be exercised by returning all the products subject to the purchase, excluding any partial exclusion.

8.4 If the right of withdrawal is exercised in accordance with the previous conditions (paragraph 8.3), the Seller is obliged to refund the sums paid by the Customer within 14 days from the day the Seller received the returned goods. The Seller will refund the Customer the full amount already paid (excluding shipping costs and net of direct return costs, which are always borne by the Customer) through a procedure for reversing the amount charged and crediting back to the credit card used for the payment of the order or by Bank Transfer. In the latter case, the Customer must promptly provide the bank details on which to obtain the refund (IBAN of the invoice holder's current account).

8.5 In the event of withdrawal, the only costs borne by the Customer will be the initial shipping costs of the order of the purchased products and those incurred for the return shipping.

8.6 Demon Race undertakes to also bear the initial shipping costs of the Products only in the event of damage to them due to transport or errors in the shipment by the Seller itself. Only in these cases will the Seller also refund the Customer the amount paid for shipping costs.

8.7 In the event of exercising the right of withdrawal without complying with the methods indicated above (e.g., beyond the 10 days provided, or without having completed the online Return Form, or without complying with the conditions set out in paragraph 8.3 above, etc.), the Customer will not be entitled to a refund of the sums already paid to the Seller. Within 10 days from the email in which the Seller notifies the Customer of the non-acceptance of the return, responding to the same email, the Customer can choose to have the products returned to them, at their expense, in the condition in which they were returned to the Seller. Otherwise, the Seller can retain the products, as well as the sums already paid for their purchase.

9. WARRANTY FOR NON-CONFORMING PRODUCTS

9.1 The Seller is liable for any defect in the products offered on the site, including the non-conformity of the items to the products ordered, pursuant to Articles 128 et seq. of Legislative Decree no. 206/2005 and subsequent amendments, and, where present, by the manufacturer's conventional warranty.

9.2 The warranty period is 2 years from the time of delivery of the goods. If the Customer has entered into the contract as a Consumer (meaning any natural person who acts on the site for purposes unrelated to any business or professional activity carried out), this warranty is valid provided that all the following conditions are met:

  • the defect appears within 24 months from the date of delivery of the products;
  • the Customer formally complains about the defects within a maximum of 2 months from the date the defect was recognized by the Customer;
  • the Customer retains the invoice (or proof of payment);
  • the Customer correctly completes the Return Form.

9.3 The 24-month warranty pursuant to Articles 128 et seq. of Legislative Decree no. 206/2005 applies to products that have a conformity defect, provided that the product is used correctly, in accordance with its intended use and with what is provided in the technical documentation attached. This warranty is reserved for private Consumers (natural persons who purchase the goods for purposes not related to their professional activity). In case of a conformity defect, Demon Race provides, at no cost to the Customer, the restoration of the product's conformity by repair/replacement or a price reduction, up to the termination of the contract. If, following an intervention by an Authorized Service Center, the defect does not turn out to be a conformity defect pursuant to Articles 128 et seq. of Legislative Decree no. 206/2005, the Customer will be charged any verification and restoration costs required by the Authorized Service, as well as transportation costs if borne by Demon Race.

9.4 In particular, in the event of non-conformity, the Customer who has entered into the contract as a Consumer will have the right to obtain the restoration of the product's conformity at no cost, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract concerning the disputed goods and the consequent refund of the price.

9.5 No damages can be claimed from Demon Race for any delays in carrying out repairs or replacements.

9.6 In cases where the application of the warranty requires the return of the product, the goods must be returned by the Customer in their original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, accessories, etc.); to limit damage to the original packaging, it is recommended, when possible, to place it in a second box; in all cases, the affixing of labels or adhesive tapes directly on the original product packaging should be avoided.

10. CONTACTS

For any information requests, the Demon Race eCommerce team is at your complete disposal and can be contacted at the following email: info@demonrace.com or at the following address:
eCommerce Office Demon Race S.r.l.
Via D.Cimarosa, 115/1 40033 – Casalecchio di Reno (BO) – Italy

11. COMMUNICATIONS TO THE CUSTOMER

The Customer acknowledges, accepts, and consents that all communications, notifications, certifications, information, reports, and any documentation regarding the operations carried out, related to the purchase of Products, will be sent to the email address provided at the time of registration, with the possibility to download the information on a durable medium in the ways and within the limits provided by the Site.

12. PRIVACY

The Customer can obtain information on how personal data is processed by accessing the Privacy Policy area of the website.

13. APPLICABLE LAW, DISPUTE RESOLUTION, AND JURISDICTION

13.1 These General Terms of Sale are governed by Italian law and will be interpreted accordingly, subject to any prevailing mandatory rules of the Customer's habitual residence country. Consequently, the interpretation, execution, and termination of the General Terms of Sale are subject exclusively to Italian law (subject to any prevailing mandatory rules of the Customer's habitual residence country), and any related and/or consequent disputes will be resolved exclusively by the Italian judicial authority, as further specified below. In particular, if the Customer qualifies as a Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same according to the applicable law or, at the Customer's choice in case of an action brought by the Customer, by the Court of Bologna. If the Customer acts in the exercise of their business, commercial, craft, or professional activity, the parties mutually agree on the exclusive jurisdiction of the Court of Bologna.

13.2 These General Terms of Sale may be amended from time to time by the Seller, also in consideration of changes in the relevant legislation. The new General Terms of Sale will be effective from the date of publication on the demonrace.com website and in relation to purchase orders submitted after that date.

Pursuant to and for the purposes of Legislative Decree no. 130 of August 6, 2015, containing provisions for the implementation of Directive 2013/11/EU on alternative dispute resolution for consumer disputes, we inform you of the existence of an online alternative dispute resolution platform accessible from the Official European Union website.

NEW PRODUCTS
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