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.
1.1 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.
2.1 The products are sold directly by Demon Race S.r.l. society, with registered and administrative office in Italy at Via Bazzanese, 32/7 - 40033 Casalecchio di Reno (BO), Tax ID and Bologna Business Registry no. 03521791206, VAT no. 003942091202 (hereinafter Demon Race or the Seller).
For any information, Customer can contact the eCommerce Department of Demon Race:
- by e-mail to the following address: firstname.lastname@example.org
- by phone at the following address: +39 051 0216833
- via whatsapp to the following address: +39 3518 587 659
- by post to the following address: Office eCommerce Demon Race S.r.l.
2.2 These General Conditions of Sale discipline the entry, sending and acceptance of purchase orders for products on demonrace.com and do not, instead, discipline the supply of services or the sale of products by subjects other than the Vendor that are present on demonrace.com through links, banners or other hypertext connections. Before entering orders and purchasing products and services from subjects other than the Vendor, we suggest that you check their conditions of sale because the Vendor is not responsible for the supply of services by third-party subjects other than the Vendor.
2.3 The products are sold to the Customer identified by the data entered at the time the electronic order form was filled out with the simultaneous acceptance of these General Conditions of Sale.
2.4 The offers of products on the site demonrace.com are intended for adult customers.
If Customer is below age 18, he must have the permission of one of his parents, or a legal guardian, before he can purchase on the site demonrace.com. By placing an order on this web site, Customer is guaranteeing that is an adult (18 years old) and have the legal ability to enter into a binding contract.
2.5 The Customer is forbidden to enter false, invented or imaginary names during the online order procedure and additional communications. The Vendor reserves the right to prosecute any violation or abuse, in the interests and protection of all consumers.
2.6 Moreover, by accepting these Conditions of Sale, Customer release the Vendor from any liability deriving from the issuing of incorrect tax documents due to errors in the data Customer provided at the time of the entry of the online order, since, as the customer, the only one responsible for their correct entry.
3. SALES THROUGH THE ECOMMERCE SERVICE
3.1 “Online sales contract” means the remote contract for the sale of chattel goods (hereinafter the Products) signed entered into between the Customer, and Demon Race, as the Vendor, in the context of an eCommerce service organized by the Vendor, which uses the remote communications technology known as the Internet.
3.2 To conclude a contract for the purchase of one or more Products, Customer must fill out the electronic order form (hereinafter, the Order) and send it to the Vendor over the Internet by following the relative instructions.
3.3 The Order contains:
- a reference to these General Conditions of Sale,
- information and pictures for each Product and its price;
- the payment methods that can be used;
- the delivery methods for the Products purchased and the relative shipping and delivery costs;
- a reference to the conditions for exercising the right of withdrawal;
- the methods and times for returning the Products purchased.
3.4 Despite Demon Race’s adoption of measures to ensure that the photographs on the site are faithful reproductions of the original products, including the use of every possible technical solution to reduce inaccuracies to a minimum, there may always be differences due to the technical characteristics and resolution of colors on the computer that Customer are using. Consequently, the Vendor will not be liable for any shortcomings of the product pictures on the site due to the above technical reasons, since these pictures are only for purposes of illustration.
3.6 The contract is concluded when the Vendor receives the Order Form over the Internet and checks the correctness of the data on the order.
3.7 The language available for concluding the contract with the Vendor is Italian and the contract is governed by Italian law.
3.8 After the conclusion of the contract, the Vendor will take over the Order for its evasion.
4. ORDER FULFILLMENT
4.1 By sending the Order over the Internet, Customer unconditionally accept, and undertake to observe, these General Conditions of Sale in his relations with the Vendor.
4.2 After the contract is concluded, the Vendor will send to Customer an Order Confirmation, by e-mail, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 It is possible that, before sending the Order Confirmation, the Vendor will contact Customer at the e-mail address or telephone number indicated to request additional information about the Order sent over the Internet.
4.4 The Vendor may refuse to fill those purchase orders that do not provide a sufficient guarantee of solvency, or that are incomplete or incorrect or in case Products are not available. In these cases, Demon Race will inform the Customer by e-mail that the contract is not concluded and that the Vendor has not filled the Order, specifying the reasons. Moreover, despite every possible effort, it could sometimes happen that the prices for the products on the site demonrace.com are wrongly indicated. In any case, the Vendor will check the right price of the products whilst going through the order prior to dispatch. Should the price indicated on the site be lower than the actual sales price as a result of oversights or other errors, Customer will get in touch to check whether he still wants to make the purchase at the right price. Otherwise the order can not be accepted. Should the right price of an item be lower than that shown on the site, only the correct lower price will be charged and the product will be shipped anyway.
4.5 If the Products shown on the web site are no longer available or for sale after the sending of the Order, the Vendor will notify the Customer by email, promptly and in any case within thirty (30) working days from the day following that the order was transmitted to the Vendor, any unavailability of the ordered Products and indicate replacement products that may be available for an amount equal to or greater than that purchased, with payment by the Customer of any difference in price. Except in the event that the Customer requests to purchase a product in place of the sold out one, Demon Race will refund any amounts already paid by the Customer as soon as possible and in any case no later than 14 days from the date on which the order has been canceled.
4.6 The Seller undertakes to deliver the ordered products to the Customer in the shortest possible time, normally within 5/7 working days and in any case within a maximum time not exceeding 30 days from the date of conclusion of the contract.
4.7 Each sale made by the Vendor through the online sales service may concern one or more products. All orders placed on the site must correspond to the normal consumption needs. This requirement is applied both in relation to the number of products purchased with a single order, and in the case of a number of orders relating to the same product, even if each order includes a quantity of products corresponding to normal consumption needs.
4.8 Demon Race reserves the right to refuse orders from a customer with whom there is a dispute and / or a dispute related to a previous order. This also applies to all cases where Demon Race deems the customer unsuitable, including, but not limited to, the case of previous violations of contract conditions for online purchase 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 Except where indicated otherwise in writing, all Product prices and shipping and delivery expenses indicated on the web site and in the Order include VAT and are expressed in € (Euro). The validity of the prices shown is always and only that indicated on the web site at the time the Order is sent over the Internet. Product prices and shipping and delivery expenses can be changed without any obligation to give advance notice. So, check the final sale price before sending the relative Order.
5.2 All Products are shipped directly from Italy. Where not specified otherwise, Product prices and shipping and delivery costs shown on the web site and on the Order do not include any customs duties or taxes if shipping to countries outside the EU or to countries in which current law requires importation fees. If it should be the case, the further expenses will be shown during the placing of the order.
5.3 Therefore, the Customer is responsible for these costs and they must be paid at the time the Products are delivered, according to the specific instructions in the Order Confirmation.
6. METHOD OF PAYMENT
6.2.1 If you have a Paypal account, Demon Race provides the option of paying directly using the e-mail account and password you used when you registered with www.paypal.com. Financial data will not be shared with Demon Race but will be managed directly by PayPal.
6.3.1 Payment by Cash On Delivery is not normally expected, but if the customer expressly requests it through contact form will be budgeted for an additional cost for the management of "means Cash On Delivery". Payment will be made directly to the courier who will deliver the products and can be made exclusively with cash and up to amounts of € 999.99 (pursuant to D. Lgs. 90/2017). When choosing the payment method, the Customer will be informed that it will not be possible to accept payments exceeding the thresholds provided for by the relevant legislation.
If the customer chooses the same method of payment for an amount greater than € 999.99 will be taken care of by Demon Race, through its customer service, contact the customer and propose an alternative method of payment.
6.4 BANK TRANSFER IN ADVANCE
6.4.1 You can pay for your order quickly and securely using your home banking. The order will only be sent when the sum due is credited to the c/c of Demon Race. The Customer must make a transfer corresponding to the amount specified in the order confirmation with the following references:
- Holder: Demon Race S.r.l.
- IBAN: EN 79 T 02008 36671 000106165494
- BIC/SWIFT: UNCRITM1NN0
- Reason: Order confirmation number
7. SHIPMENTS AND DELIVERY OF PRODUCTS
7.1 Each shipment contains:
- the product/s ordered;
- the transport document/accompanying invoice;
- any accompanying documentation required according to the Country of dispatch;
- any information and marketing material.
7.2 The delivery of the Products purchased through the Seller’s website may take place exclusively with delivery to the Customer’s home address.
7.3 The products purchased will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order with standard shipping and is intended at street level.
7.4 Upon delivery of the goods by the courier, the Customer is required to check:
- the number of packages delivered corresponds to that indicated on the courier’s proof of delivery;
- that the packaging is intact, undamaged, wet or otherwise altered, even in the closing materials (adhesive tape or metal straps).
Any damage to the packaging and/or the product or the lack of correspondence of the number of packages or the indications, must be immediately contested, placing RESERVATION OF WRITTEN CHECK on the courier’s proof of delivery. Once the courier document has been signed, the Customer may not object to the external characteristics of the delivered goods. Any problems regarding the physical integrity, correspondence or completeness of the products received must be reported within 5 days of delivery by writing to email@example.com; Otherwise, the possibility of asserting such rights in this regard will lapse, without prejudice in any case to the Customer’s right to the legal guarantee of compliance referred to in point 9 and following and the right of withdrawal referred to in point 8 below.
7.6 If the billing document is not requested at the same time as the order is placed, it cannot be issued a posteriori.
The sales system of Demon Race, as an online seller, does not require the issue of the invoice (neither the receipt or the tax receipt) to a consumer (not holders of VAT), according to art. 22 of the Decree of the President of the Republic of 26/10/1972 n. 633 and article 2, letter oo) of the DPR 21 December 1996, n. 696 (as confirmed by Resolution no. 274/E of 5 November 2009). If the issue of the invoice is not required by the Customer, Demon Race will still send the consumer to the e-mail address or address of residence indicated during registration, a purchase receipt, without tax validity, useful for the sole purpose of assistance or guarantee.
8. RIGHT OF WITHDRAWAL
8.1 Pursuant to art. 52 and ss. of D.L.vo 206/2005, only if the Customer who enters into the contract is a Consumer (meaning with this definition any natural person acting on the site for purposes unrelated to the entrepreneurial or professional activity possibly carried out)shall have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, communicating it to the Seller within ten (10) days, starting from the day on which the Customer or a third party, designated by the Customer and other than the Carrier, acquires physical possession of the goods. Please note that, as required by current legislation, the right of withdrawal is excluded and can therefore not be exercised in case the products that have been purchased have been customized at the explicit request of the Customer at the time of inserting the Order.
8.2 The right of withdrawal can be exercised within the period of 14 days from receipt of the product by sending an e-mail, addressed to: firstname.lastname@example.org. For this purpose it is mandatory to use the RMA Return Form published on the site under Returns & Refunds. The refund of the price paid for the purchase of the product does not include the shipping costs, which are fully 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 on parts or components of them even in the case of kits;
- the returned products must not have been used, worn, washed, soiled or damaged and must not show signs of use;
- the returned products must be returned packaged exactly as they were shipped, complete with every accessory, packaging and label;
- the returned products must be sent to the Seller in one shipment. The Seller reserves the right not to accept products of the same Order returned and shipped at different times.
In cases where the Seller, for the purchase of a specific package of products, offers the possibility to purchase them at a lower price than would normally be practiced by purchasing them individually (e.g. 5 4, 3 2 etc.)the right of withdrawal can be exercised even with the return of only some of the products purchased: in this case the price will be recalculated taking as a reference the price normally charged for the purchase of the individual product. In all other cases (e.g. tied sales, premium transactions, etc.), the right of withdrawal may be exercised only with the return of all the products subject to purchase, thus excluding any partial exclusion.
8.4 If the right of withdrawal is exercised in accordance with the above conditions (paragraph 8.3), the Seller is obliged to refund the sums paid by the Customer within 14 days from the day on which the same received the returned material. The Seller will refund to the customer the entire amount already paid (excluding shipping costs and net of direct return costs that are always borne by the Customer) by the procedure of cancellation of the amount charged by credit on the credit card used to pay the order or by bank transfer. In the latter case, the Customer shall promptly provide the bank details on which to obtain a refund (Cod. IBAN of the current account of the invoice holder).
8.5 In the event of withdrawal, the only costs to be borne by the Customer will remain the initial shipping of the order of the products purchased and those incurred for the shipment of the return.
8.6 Demon Race undertakes to bear the initial shipping costs of the Products only in case of damage to them due to transport or errors in the shipment by the Seller. Only in these cases, the Seller will also refund the Customer the amount paid as shipping costs.
8.7 In the case of exercise of the right of withdrawal without compliance with the above procedures (e.g. over 10 days, or without having completed the online return form, or without compliance with the conditions set out in paragraph 8.3 above etc.)the Customer shall not be entitled to a refund of any sums already paid to the Seller. Within 10 days from the sending of the email with which the Seller will communicate to the Customer the non-acceptance of the return, responding to the email itself the Customer may choose to regain, at his expense, the products in the state in which they were returned by him to the Seller. Otherwise, the Seller may withhold the products, in addition to the sums already paid for their purchase.
9. WARRANTY ON NON-CONFORMING PRODUCTS
9.1 The Seller is responsible for any defect of the products offered on the site, including the non-conformity of the items with the products ordered, pursuant to Articles 128 and following D.Lgs. n.206/2005 and subsequent amendments and, where applicable, by the manufacturer’s conventional guarantee.
9.2 The warranty period is 2 years from the moment of delivery of the goods. If the Customer has entered into the contract as a Consumer (meaning with this definition any natural person acting on the site for purposes unrelated to the entrepreneurial or professional activity possibly carried out)this warranty is valid provided that all of the following conditions are met:
- the defect occurs within 24 months from the date of delivery of the products;
- the Customer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter;
- the Customer must keep the invoice (or the document of payment);
- The Customer completes the Return Form correctly.
9.3 The warranty of 24 months pursuant to Articles 128 and following D.Lgs. n.206/2005 applies to the product presenting a lack of conformity, provided that the product itself is used correctly, in accordance with its intended use and with the provisions of the attached technical documentation. This guarantee is reserved to the private consumer (natural person who buys the goods for purposes not related to his professional activity). In the event of a lack of conformity, Demon Race provides, at no cost to the Customer, the restoration of conformity of the product by repair/ replacement or price reduction, until the termination of the contract. If, as a result of intervention by an Authorized Service Center, the defect does not result in a lack of conformity pursuant to Articles 128 and following Legislative Decree no. 206/2005, the Customer will be charged for any verification and recovery costs required by Authorized Assistance, as well as transport costs if incurred by Demon Race.
9.4 In particular, in the event of non-compliance, the Customer who has concluded the contract as a Consumer will be entitled to obtain the restoration of conformity of the products at no cost, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract in respect of the disputed goods and the consequent refund of the price.
9.5 No damage may be claimed to Demon Race for any delay in making repairs or replacements.
9.6 In cases where the application of guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, accessories, etc...); to limit damage to the original packaging, we recommend, whenever possible, to insert it in a second box; The affixing of labels or adhesive tapes directly on the original packaging of the product shall be avoided in all cases.
The Demon Race eCommerce team is available to answer any questions and can be contacted at the following e-mail address, email@example.com, or at the following postal address:
eCommerce Office Demon Race S.r.l.
Via Domenico Cimarosa, 115/1 40033 - Casalecchio di Reno (BO) Italy
11. COMMUNICATIONS TO THE CUSTOMER
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, certifications, information, statements and, in any case, all documentation about the operations executed, referring to the purchase of the Products, will be send to the electronic mail address indicated at the time of registration, with the possibility of downloading the information on durable media using the methods, and within the limits, required by the site.
13. GOVERNING LAW, DISPUTE SETTLEMENT AND COMPETENT JURISDICTION
13.1. These General Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of the Customer. Therefore, the interpretation, execution and cancellation of the General Conditions of Sale are subject exclusively to Italian law and any disputes relating to and/or consequential to them shall be resolved exclusively by Italian courts. In particular, if the Customer qualifies as a Consumer, any disputes will be resolved by the court of his domicile or residence based on the applicable law or, at the consumer’s option in the case of a suit filed by the consumer, by the Court of Bologna. If, instead, the customer is acting in the exercise of his business, commercial, craft or professional activities, the parties consensually establish the exclusive jurisdiction of the Court of Bologna.
13.2 These General Conditions of Sale may be amended from time to time by the Seller, even in the face of changes to the relevant legislation. The new General Conditions of Sale will be effective from the date of publication on the website demonrace.com and in relation to purchase orders submitted after that date.
Pursuant to and for the purposes of Legislative Decree No. 130 of 6 August 2015, containing provisions for the implementation of Directive 2013/11/EU on alternative resolution of consumer disputes, we communicate the existence of an online alternative dispute resolution platform accessible from the official website of the European Union.