Terms and Conditions of www.italmoto.com

These Terms govern

the use of this Website and

any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.

Users are kindly requested to read this document carefully.

This Website is a service of:
Motocicli Italiani Srl – Via Amato 20 – Caserta, 81100

Owner’s email address: info@italmoto.com

“This Website” refers to
this site, including related subdomains and any other site through which the Owner offers the Service;

Important Information

Use of the Service/this Website is reserved solely for Consumers.

Use of this Website and the Service is reserved to Users of legal adult age according to applicable law.
The right of withdrawal applies only to European Consumers.

TERMS OF USE
Unless otherwise specified, the terms of use of this Website set out in this section are generally valid.

Further conditions of use or access applicable in particular situations are expressly indicated in this document.

By using this Website the User declares to meet the following requirements:

The User acts as a Consumer;

The User is of legal adult age according to applicable law;

The User is not located in a country subject to a US government embargo or on the list of states sponsoring terrorism by the US Government;

The User is not listed as a disallowed contractor by the US Government;

Registration
To use the Service, the User may open an account by providing all requested data and information completely and truthfully.
It is also possible to use the Service without registering or creating an account. However, in that case, certain functions may not be available.

Users are responsible for keeping their access credentials safe and confidential. They must choose a password matching the highest security level available on this Website.

By creating an account, the User accepts full responsibility for all activities carried out with their access credentials.
Users must immediately and clearly inform the Owner via the contacts indicated in this document if they believe their personal information, such as User account, access credentials, or personal data, has been violated, illicitly disclosed, or stolen.

Account Closure
The User is free to close their account and stop using the Service at any time, following this procedure:

Using the account closure tools available on this Website.

Contacting the Owner at the contacts indicated in this document.

Suspension and Deletion of Account
The Owner reserves the right to suspend or delete a User’s account at any time at their sole discretion and without notice, if deemed inappropriate, offensive, or contrary to these Terms.

Suspension or deletion does not entitle the User to any compensation, refund, or indemnity.

Suspension or deletion of an account due to reasons attributable to the User does not exempt the User from payment of any fees or prices due.

Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes utmost care to ensure that content on this Website does not violate applicable laws or third-party rights. However, this may not always be achievable. In such cases, without prejudice to legal rights and claims, Users are kindly requested to address complaints to the contacts specified in this document.

Rights on Website Content
The Owner expressly reserves all intellectual property rights on the said content.

Users are not authorized to use the content in any way other than necessary or implied for the correct use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond specified limits, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/assigning to third parties, or creating derivative works from the content available on this Website, or allowing third parties to do so through their User account or device, even unknowingly.

Where expressly indicated on this Website, Users are authorized to download, copy and/or share certain content exclusively for personal, non-commercial purposes, provided attribution is maintained and any other conditions required by the Owner are respected.

Limitations and exceptions under copyright law remain applicable.

Access to External Resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is not responsible for their content or availability.

Conditions applicable to third-party resources, including any rights granted on content, are determined by those third parties and governed by their terms or by law in their absence.

Permitted Use
This Website and the Service may only be used for purposes for which they are offered, according to these Terms and applicable law.

It is the User’s sole responsibility to ensure that use of this Website and/or Service does not violate law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any measures to protect its legitimate interests, including denying access, terminating contracts, or reporting censurable activities to authorities whenever the User commits or is suspected of:

Violations of law, regulations, or Terms;

Infringements of third-party rights;

Acts that may seriously prejudice the legitimate interests of the Owner;

Offenses against the Owner or third parties.

TERMS AND CONDITIONS OF SALE
Paid Products
Some Products offered on this Website as part of the Service are paid.

Fees, duration, and conditions for such Products are described below and in the respective Website sections.

Product Description
Prices, descriptions, and availability of Products are specified in their respective sections and are subject to change without notice.

While Products are presented with maximum technical accuracy, any representation (graphics, images, colors, sounds) is for reference only and does not guarantee product features.

Product features will be specified during the purchase process.

Purchase Procedure
Every step from product selection to order submission is part of the purchase process:

Users should select the desired Product and verify their choice.

After checking purchase information, Users may place the order.

Order Submission
Order submission entails:

The User’s order submission concludes the contract and obliges the User to pay price, taxes, and any additional charges as specified on the order page.

If the Product requires User action (e.g., providing personal data or specific requests), placing the order also obliges the User to cooperate accordingly.

After order submission, Users receive a confirmation of receipt.

All notifications related to the purchase process will be sent to the email address provided by the User.

Prices
During the purchase and before order submission, Users are informed of all fees, taxes, and costs (including shipping) charged.

Prices on this Website include all applicable fees, taxes, and costs.

Payment Methods
Accepted payment methods are highlighted during purchase.

Some payment methods may have additional conditions or costs detailed in the relevant Website section.

Payments are handled by third-party services, so the Website does not collect payment data such as credit card numbers, only receiving confirmation of successful payment.

If payment fails or is refused by the payment provider, the Owner is not obliged to fulfill the order and may request reimbursement for any related expenses or damages.

Retention of Title
Ownership of ordered Products passes to the User only after full payment is received by the Owner.

Delivery
Deliveries are made to the address indicated by the User and as specified in the order summary.

Upon delivery, Users must check the package contents and promptly report anomalies to the contacts indicated or as described on the delivery note. Users may refuse to accept visibly damaged packages.

Delivery countries/territories include: Italy, Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia-Herzegovina, Bulgaria, Cyprus, Croatia, Denmark, Estonia, North Macedonia, Finland, France, Georgia, Germany, Greece, Ireland, Iceland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Norway, Netherlands, Poland, Portugal, UK, Czech Republic, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, Hungary.

Delivery times are indicated on the Website or during purchase.

Failed Delivery
The Owner is not responsible for delivery errors caused by inaccuracies or omissions by the User when completing the order, nor for damage or delays after delivery to a courier chosen by the User and not proposed or approved by the Owner.

If goods are not delivered or collected on time, they will be returned to the Owner, who will contact the User for a second delivery attempt or other arrangements.

Unless otherwise specified, any subsequent delivery attempts after the first are at the User’s expense.

User Rights
Right of Withdrawal
Unless exceptions apply, the User may withdraw from the contract within a specified term (usually 14 days) for any reason and without justification.

More details on the right of withdrawal are in this section.

Who has the right of withdrawal
Users acting as European Consumers enjoy a legal right to withdraw from distance contracts within the specified period for any reason and without justification.

Users who do not meet these criteria do not have these rights.

How to exercise the right of withdrawal
To exercise the right of withdrawal, the User must send an unequivocal statement to the Owner indicating their decision.

The User may use the model withdrawal form available in the definitions section, but is free to express withdrawal intent in any suitable way.

The statement must be sent before the withdrawal period expires.

When does the withdrawal period expire?
For goods purchases, the period expires 14 days after the User or a third party (other than the carrier) takes possession.

For multiple goods ordered together but delivered separately, or goods consisting of several lots delivered separately, the period expires 14 days after possession of the last item.

Effects of withdrawal
The Owner refunds all payments received including delivery costs, except for additional costs from a chosen delivery method more expensive than the standard offered.

Refunds are made without undue delay and within 14 days from being informed of withdrawal.

Refunds use the same payment method unless agreed otherwise.

The User bears no costs due to withdrawal.

Returning goods
Unless the Owner offers to collect the goods, the User must return or hand over the goods to the Owner or authorized person without undue delay and within 14 days from withdrawal notification.

The deadline is met if goods are handed to the carrier before the 14-day period expires.

Refunds may be withheld until goods are received or proof of return is provided.

The User is liable for diminished value of goods caused by use beyond inspection.

Return shipping costs are borne by the Owner.

[Similar sections about UK and Brazil consumer rights follow.]
Guarantees
Legal warranty of product conformity under EU law:

The seller guarantees product conformity for at least 2 years from delivery.

European Consumers’ rights apply per their country law, which may grant greater rights.

Non-European Consumers may have warranty rights according to their local law.

Liability Limitation and Indemnity
Unless otherwise agreed, the Owner’s liability for damages related to the Agreement is excluded or limited to the maximum extent permitted by law.

Indemnity
The User agrees to indemnify and hold harmless the Owner and its affiliates from claims by third parties related to violations of these Terms or applicable laws.

Limitation of liability for User activities on this Website
No claims against the Owner or persons acting on their behalf are allowed except as specified by law, including for death or personal injury caused by gross negligence.

Specific sections for Australian and USA users follow, with their respective legal notes.
General provisions
No implied waiver, service interruptions, reselling restrictions, intellectual property rights, amendments to Terms, assignment of contract, contact info, severability clauses, governing law, jurisdiction, dispute resolution, and definitions are detailed.

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