Terms & Conditions

1 - General Provisions

These Terms & Conditions and Conditions of Sale (hereinafter, "Terms & Conditions") apply to all sales of products or services (hereinafter, "Products" or "Product", "Services" or "Service") purchased through the website www.settantadue.it (hereinafter, "Site").

The use of the distance selling service described in these Terms & Conditions is reserved exclusively for consumers (hereinafter, "Customers" or the "Customer"), defined as natural persons who act for purposes unrelated to their commercial, business, or professional activity, if any.

The languages available for concluding the contract are Italian and English.

The Customer is required to carefully read the Terms & Conditions which have been made available on the Site, in order to allow the Customer to store and reproduce them in accordance with Article 12 of Legislative Decree of April 9, 2003, no. 70.

Any changes, corrections, or updates to the Terms & Conditions may be made without prior notice and will be effective from the moment of their publication.

Contracts concluded with SETTANTADUE.IT (as defined below) through the Site are governed by Italian law and, in particular, by Legislative Decree of September 6, 2005, no. 206 ("Consumer Code") and Legislative Decree of April 9, 2003, no. 70 (hereinafter, "Ecommerce Decree").

2 - Identification of the seller

The seller of the Products and/or Services available on the Site is SETTANTADUE di Calcatelli Mauro, Registered Office: Via Privata G. B. Prandina 28, 20128 Milano MI - Italia, VAT Number: IT02316770425, Tax Code: CLCMRA72D08F205F, Rea Number: MI-2011035 (hereinafter "SETTANTADUE.IT")

3 - Information regarding the Products

The information regarding the Products and Services offered by SETTANTADUE.IT and available for distance selling through the Site is available, with the respective product codes, on the Site.
This information is provided in accordance with articles 52 and 53 of the Consumer Code.

4 - Price

The prices of the products are inclusive of all taxes and duties where applicable except for any delivery charges. All prices are expressed in € (Euro) and can be converted into available currencies.

5 - Order of Products

The essential features and prices of the Products and/or Services are shown in the sheet related to each Product and/or Service.

To purchase the Products and/or Services, the Customer must fill out and send to SETTANTADUE.IT the order form in electronic format, following the instructions on the Site. The Customer must place the Product and/or Service in the appropriate "cart" and, after reviewing the Terms & Conditions, with particular reference to the contribution for delivery costs and the methods of exercising the right of withdrawal, and the Privacy Policy, must select the desired payment method and choose the "Place Order" option.

Before submitting their purchase order, the Customer will have the opportunity to correct any data entry errors by following the appropriate modification procedure on the Site. In particular, the Customer has the option to modify the quantity of Products and/or Services they intend to purchase, adding or removing one or more Products and/or Services from the "cart".

By sending the order, the Customer acknowledges and declares that they have read all the information provided to them during the purchase procedure and fully accept the Terms & Conditions.

The Customer will be able to view and track the status of their order through the "My Orders" area of their account.

SETTANTADUE.IT reserves the right to evaluate the acceptance of received orders. SETTANTADUE.IT will inform the Customer of the possible inability to accept the received orders within 30 days from the day following the one on which the Customer sent the order to SETTANTADUE.IT and will refund any amounts already paid by the Customer for the supply according to the methods and timing described in the "Payment Methods" section.

6 - Payment Methods

The Customer may choose to pay the price of the Products and/or Services and the related delivery costs using one of the following payment methods offered:

• Credit Card (VISA - MasterCard - Diners - Maestro)
• Bank Transfer in Advance
• Postepay Reload (only for Italy)
• Cash on Delivery (only for Italy) max 200.00€
• Paypal (also in 3 interest-free installments)

More details on payment methods can be found in the "Payment Methods" section.

In the event that, for any reason, the debiting of the amounts due by the Customer proves impossible, the sales process is automatically canceled and the sale automatically annulled.

7 - Order Receipt Confirmation

In accordance with Article 53 of the Consumer Code, the Customer receives, at the time of contract execution, via email, the order receipt confirmation sent by the Customer, containing a summary of the Terms & Conditions, the essential characteristics of the ordered product, its price, the amount paid or to be paid, the existence of the right of withdrawal - indicating the timing and methods for returning the item - the geographical address for any complaints, and information on existing assistance services and commercial warranties.

8 - Ineffectiveness of the Order

No contract shall be deemed concluded between SETTANTADUE.IT and the Customer if SETTANTADUE.IT has valid reasons to believe that the Customer is not acting based on a genuine and actual interest in purchasing the ordered products, or is abusively exercising the right of withdrawal recognized by Article 12 below.
In such cases, the order submitted by the Customer shall be deemed ineffective. SETTANTADUE.IT will send the Customer, via email, a notice confirming the non-conclusion of the Contract, and will also cancel any charges and/or costs incurred by the Customer.

9 - Transport and Delivery

The Products purchased on the Site will be delivered to the address indicated by the Customer. The Customer has the option to request delivery of the products to a person of their choice, whose residence or domicile is within the serviced countries. Upon delivery, the signature of an adult over the age of 18 will be required. No deliveries will be made to P.O. boxes.

For each order placed on the Site, SETTANTADUE.IT issues an invoice for the shipped goods, including it in the package or sending it via email or mail to the order holder, pursuant to D.P.R. 445/2000 and Legislative Decree 52/2004. The information provided by the Customer at the time of the order will be used for issuing the invoice. No changes to the invoice will be possible after it has been issued.

Any delivery costs are borne by the Customer and can be viewed in the "Shipping Costs and Times" section and are distinctly highlighted in the order form.

All purchases will be delivered by courier chosen by the Customer at the time of purchase from those proposed by SETTANTADUE.IT (hereinafter, "Courier") from Monday to Friday, excluding holidays and national holidays. SETTANTADUE.IT is not responsible for unforeseeable delays.

If necessary, SETTANTADUE.IT reserves the right to use a different delivery service than the one selected by the Customer.

SETTANTADUE.IT will send the Customer a confirmation email once the Products have been shipped, specifying the tracking number of the shipment through which it will be possible to view, after entering it on the Courier's website, the status of the shipment.

In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with article 54 of the Consumer Code, the Products and/or Services will be delivered within a maximum period of 30 (thirty) days from the day following the day the Customer placed the order with SETTANTADUE.IT, unless SETTANTADUE.IT notifies - within the same period, via email - the inability to deliver the ordered goods due to the subsequent, even temporary, unavailability of the Products and/or Services. In the event of such communication, SETTANTADUE.IT will refund any amounts already paid by the Customer for the supply as soon as possible, and in any case no later than 30 (thirty) days from the day following the day the Customer placed the order with SETTANTADUE.IT.

In the event that, following the communication from SETTANTADUE.IT of a delay in the delivery date, the Customer wishes to confirm the Order, any amount already paid will be retained by SETTANTADUE.IT.

For the delivery of the goods the presence of the Customer or their representative at the recipient's address indicated in the order is required. At the time of delivery of the goods by the Courier, the Customer is required to check that the number of packages delivered corresponds to that indicated in the transport document and that the package is intact or not altered. Any damage to the package and/or Products or discrepancies in the number of packages must be immediately contested through a written reservation on the Courier's delivery proof. Once the Courier's document has been signed, the Customer will not be able to make any objections regarding the external characteristics of the delivered package.

10 - Right of Withdrawal

SETTANTADUE.IT wishes to ensure the complete satisfaction of the Customer.
Pursuant to Article 64 of the Consumer Code, the Customer has the right to withdraw from the contract, without specifying the reason, by returning the Products purchased through the Site within 30 (thirty) days from the date of receipt of the Products.

To exercise the right of withdrawal, the Customer must send an email to [email protected] containing:

• a) the declaration of intent to exercise the right of withdrawal pursuant to Article 64 of the Consumer Code;
• b) the specification of the Products for which the Customer wishes to exercise the right of withdrawal;
• c) the progressive order number issued at the time of purchase;

This communication can also be sent, within the aforementioned 30 (thirty) days period, by registered mail or fax.

In the event that the right of withdrawal is exercised, SETTANTADUE.IT shall fully refund the price of the Products only, provided that they are returned by the Customer in excellent condition, in their original, intact packaging and complete with all parts (including manuals, tags and any other item originally included), and only if the return instructions set out above have been correctly followed.

The right of withdrawal does not apply to motorcycle accessories, including, by way of example and without limitation, components, spare parts, electrical parts, products intended for fitting or installation, and other motorcycle accessories. The Customer's statutory rights in the event of a lack of conformity shall remain unaffected in all cases.

SETTANTADUE.IT reserves the right to refuse the return of Products that do not comply with the requirements set out above. Refunds shall be made in accordance with the methods stated in the "Payment Methods" section, based on the payment method used for the purchase.

The shipping costs and the responsibility for returning the Products in case of withdrawal are borne by the Customer. Any costs incurred by the Customer for the return will not be refundable.

SETTANTADUE.IT undertakes to promptly refund the Customer no later than 30 days from the date of return of the Products and will send a confirmation email of the refund.

SETTANTADUE.IT will not be responsible for the refund or compensation for Products returned but never received due to loss, theft, or damage not attributable to SETTANTADUE.IT.

If the Customer wishes to modify or cancel the submitted order, they must promptly send an email to [email protected]. Once the Product has been shipped, the order cannot be canceled or modified until the shipped goods have been returned to SETTANTADUE.IT. In such cases, the return policy described above applies.

11 - Product Replacement

SETTANTADUE.IT intends to provide Customers with the possibility of replacing Products purchased through the Website within a period of 30 (thirty) days from the date of receipt of the Products.

To obtain a Product replacement, the following procedure must be followed.

Customers who are not fully satisfied must retain all documentation relating to delivery and immediately contact SETTANTADUE.IT by email at [email protected].

A replacement request may only be considered for Products returned in excellent condition, unused, in their original, intact packaging and complete with all parts (including manuals, tags and any other item originally included).

Product replacement is not available for motorcycle accessories, including, by way of example and without limitation, components, spare parts, electrical parts, products intended for fitting or installation, and other motorcycle accessories. The Customer's statutory rights in the event of a lack of conformity shall remain unaffected in all cases.

The Product to be replaced must be in excellent condition and sent to the following address: SETTANTADUE di Calcatelli Mauro, Via Privata G. B. Prandina 28, 20128 Milano MI - Italia. The fulfillment of the new order is subject to the availability of the requested Products and/or Services.

SETTANTADUE.IT reserves the right to refuse the replacement of Products that do not meet these requirements.

The shipping costs and responsibility related to the return of Products for replacement are borne by the Customer. Any expense incurred by the Customer for the return will not be refundable.

The replacement Product will be sent to the Customer only after SETTANTADUE.IT has received the product to be replaced. The new shipment will be made via courier with the charge of any shipping costs, if the value of the same does not exceed the threshold for free shipping and if a size/item exchange has already been used for the same order.

12 - Lack of conformity defects

In case of lack of conformity defects of Products sold by SETTANTADUE.IT, the Customer must immediately contact SETTANTADUE.IT at the email address [email protected].

The sale of the Products is subject to the legal warranties provided by Articles 129, 130, and 132 of the Consumer Code. The Customer has the right to restore, at no charge, the conformity of the goods by repair or replacement, or to an appropriate price reduction or termination of the contract. The Customer loses these rights if they do not report the lack of conformity defect to SETTANTADUE.IT within two months from the date the defect was discovered. The action to assert defects not fraudulently concealed by SETTANTADUE.IT is prescribed, in any case, within twenty-six months from the delivery of the goods.

13 - Errors

The information regarding the Products provided on the Site is provided by the respective manufacturers and constantly updated.
However, it is not possible to guarantee the complete absence of errors.

SETTANTADUE.IT reserves the right to correct errors, inaccuracies, or omissions even after an order has been placed and also to change or update the information at any time without prior notice.

14 - Applicable law and jurisdiction

These Terms & Conditions are governed by Italian law and must be interpreted in accordance with Italian laws.

For disputes arising from the interpretation, validity, and/or execution of these Terms & Conditions, the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the consumer, if located in Italian territory.

15 - Contacts

For further information, please write to the email address [email protected], or through the section "Contact Customer Service".

Updated in January 2017