The sale of Energica Motor vehicles by New Works Webtech srl (the "Seller") according to the procedures set out on the website https://shop.energicamotor.com is governed solely by the following terms and conditions (the "Terms and Conditions"), in force at the time of execution of the agreement. The general Terms and Conditions are available on the website https://shop.energicamotor.com where they can be downloaded, saved and printed at any time. The following Terms and Conditions apply to sales of Energica Motor vehicles made in the European Union, according to the procedures set out on the website https://shop.energicamotor.com, to the end customer (the "Purchaser"). These Terms and Conditions do not affect the validity and effectiveness of the current legal provisions protecting consumers (Consumer Code - (Legislative Decree 206/2005 as from time to time amended), including the provisions of Title III, Chapter I, regarding distance contracts concluded with consumers), where applicable. A consumer is a natural person who is acting for purposes which are outside his or her trade, business, craft or profession.
1. Vehicle configuration. Quote.
1.1 - The presentation of the product on the site https://shop.energicamotor.com is for information purposes only and does not imply any binding offer by the Seller. The pictures and descriptions on https://shop.energicamotor.com website reproduce the characteristics of the vehicles as closely as possible. The colours of the vehicles may, however, differ from the actual colours due to the settings of the computer systems or computers which the Purchaser employs for displaying them. Images of vehicles on https://shop.energicamotor.com may differ in size or as regards any accessories. These images should therefore be held as a mere indication and within the usual tolerances. For the purposes of the sale contract of the vehicle, the description of the vehicle contained in the contractual documentation submitted by the Purchaser shall prevail.
1.2 - The Purchaser may calculate the quote for the offer by directly performing, on the website https:// shop.energicamotor.com, the preliminary configuration of the vehicle.
1.3 - Once the vehicle is configured, the Purchaser shall propose the purchase of the chosen vehicle to the Seller in accordance with the procedures indicated on the https://shop.energicamotor.com website providing his credit card details at the same time. Subsequently, the Seller shall immediately block the sum of € 2.000,00 (two-thousand/00) on the Purchaser's credit card previously indicated by the Purchaser; If the contract for the sale of the vehicle is not executed, in accordance with the procedures and schedules set out in Article 2 below, the sums thereof will be returned to the Purchaser, in accordance with the provisions of Article 2.1 below. The Seller shall then deliver the purchase order ("Order") to the Purchaser. Such contractual documents shall not form any binding offer by the Seller nor do they constitute acceptance by the Seller of an offer made by the other party.
2. Execution of the Contract / Assignment of Rights and Obligations / Transfer of the Vehicle
2.1 - By sending the duly signed Order to the Seller, in accordance with the procedures provided on the website https://shop.askollelectric.com and in any case on or before 7 (seven) working days of receipt thereof by the Purchaser in the case of purchase of a Vehicle, the Purchaser submits to the Seller a binding order to purchase the configured vehicle. At the same time as sending the Order, the Purchaser shall pay the deposit according to the provisions of art. 3 below. If the Purchaser fails to return the duly signed Order to the Seller within the terms respectively stated above, the Purchaser's initial proposal will be considered ineffective and, therefore, the Seller will ensure that the amount blocked on the Purchaser's credit card pursuant to art. 1.3 above, is released within the technical time required by the circuit of the relevant credit card.
2.2 - - By sending the duly signed Order to the Seller, in accordance with the procedures provided on the website https://shop.energicamotor.com and in any case on or before 7 (seven) working days of receipt thereof by the Purchaser in the case of purchase of a Vehicle, the Purchaser submits to the Seller a binding order to purchase the configured vehicle. At the same time as sending the Order, the Purchaser shall pay the deposit according to the provisions of art. 3 below. If the Purchaser fails to return the duly signed Order to the Seller within the terms respectively stated above, the Purchaser's initial proposal will be considered ineffective and, therefore, the Seller will ensure that the amount blocked on the Purchaser's credit card pursuant to art. 1.3 above, is released within the technical time required by the circuit of the relevant credit card.
2.3 - The purchase contract is deemed executed if, within three weeks of receipt of the Order duly signed by the Purchaser, the Seller - having verified the correctness of the data provided in the Order by the Purchaser and the payment of the deposit - confirms its acceptance of the Order in writing, or the vehicle is delivered. Acceptance is communicated to the Purchaser by email. The Seller is obliged to inform the Purchaser of any non-acceptance of the Order within the aforementioned period.
2.4 - Acceptance of the Order by the Seller is subject to payment by the Purchaser of the deposit referred to in Article 3 below.
2.5 - The Purchaser undertakes not to assign any rights arising from this purchase agreement, nor to sell or transfer ownership of the vehicle during the four months following delivery of the vehicle. This time limitation on resale does not apply if the Purchaser is a consumer. If the vehicle is sold breaching the foregoing provisions and for commercial purposes or to a professional dealer, the Purchaser shall pay the Seller a penalty in the amount of 15% of the net purchase price.
2.6 - In accordance with Legislative Decree No. 70 of 9 April 2003 laying down provisions on electronic commerce, the Seller informs the Purchaser that: the contract of sale is executed when the Purchaser receives from the Seller the confirmation pursuant to Article 2.3;
2.7 - Each Purchaser is allowed to register on https://shop.energicamotor.com. It is forbidden for the same Purchaser to make multiple registrations using the same e-mail address. Should the Seller find that the same Purchaser has made several registrations on the site https://shop.energicamotor.com using the same e-mail address, the Seller reserves the right to block, immediately and without any prior notice, the concerned account.
2.8 - The contract of sale shall be filed in the Seller's database for the time necessary for its performance and, in any case, within the scope of the statutory terms. The Purchaser may access the contract and/or the data relating to it via his personal account.
2.9 - The language available to users for the conclusion of the contract is Italian.
3. Price and payment
3.1 - All stated prices are in EURO and include VAT.
3.2 - At the same time as accepting and sending the Order, the Seller shall withdraw the amount of € 2.000,00 (two-thousand/00), referred to in Article 1.3 above, according to the terms provided by the credit card company. This amount shall be held as a deposit, which - in the event of completion of the sale - shall be accounted as a down payment on the total price due for the purchase of the vehicle.
3.3 - Delivery of the vehicle will only take place once the balance of the price is paid, which will be done at the Purchaser 's discretion by credit card or by bank transfer, according to the procedures laid down on the site https://shop.energicamotor.com
3.4 - The Seller is not authorised to change the sales price agreed in the purchase contract except for changes to the VAT rate and other applicable taxes.
4. Consumer's right of withdrawal
4.1 - If the Purchaser is a consumer within the meaning of the Consumer Code (Legislative Decree no. 206/2005 - as amended), he shall be entitled to withdraw - without penalty and without specifying the reasons - from the date of the order and within 14 days of the day on which the Purchaser or a third party other than the carrier and appointed by the Purchaser acquires physical possession of the goods or, in the case of multiple goods ordered by the Purchaser in one order and delivered separately, from the day on which the Purchaser or a third party other than the carrier and appointed by the Purchaser acquires physical possession of the last good.
4.2 - The right of opting out is exercised by sending, within the term stated in paragraph 4.1 above, a written communication, in accordance with the template available on the site, by registered letter, telegram, fax or e-mail to the following addresses:
New Works Webtech srl
Via Oltrecolle 129 22100 Como (CO)
4.3 - The timely sending of the notice of withdrawal shall be sufficient for compliance with the withdrawal period.
4.4 - The timely sending of the notice of withdrawal or the dispatch of the vehicle shall be sufficient for compliance with the withdrawal period.
4.5 - If the vehicle was delivered, the Purchaser shall return it to the Seller without delay and in any case within 14 days of the date of exercise of withdrawal. The following shall apply:
a) The Purchaser shall return the vehicle to the Seller at his own responsibility and shall bear the direct costs of the return. The return must take place at the following address:
Energica Motor Company S.p.A.
Via Scarlatti, 20, 41019 Soliera MO
The Purchaser acknowledges that the direct costs of the return cannot be calculated at present, as they depend on the location of the vehicle to be returned, but may in any case be significant. If the Purchaser decides to return the vehicle by courier, he undertakes to use a courier possessing the equipment, facilities and means suitable for transporting the vehicle. If the Purchaser wishes to employ the services of a courier selected by the Seller, at his own cost and under his own responsibility, he may send an email to the Seller requesting a non-binding estimate. Unless the Purchaser decides to employ the courier appointed by the Seller, the Purchaser shall agree in advance with the Seller on the day of actual return of the vehicle;
b) the Purchaser also undertakes to return, within the same term of 14 days of the date of the withdrawal, all documentation (including administrative and technical documentation) relating to the vehicle, as well as to cooperate actively with the Seller in order to transfer the title to the vehicle to the Seller (or to any other party named by the latter), delivering any required documents, after duly signing them.
The return shall be deemed correctly completed only subject to the condition that the Purchaser complies with all the obligations set out in this Article 4.5, letters a) and b).
4.6 - At the time of return, the vehicle will be subject to special checks to assess its condition; a special report will be drawn up, which will include the number of kilometres covered by the vehicle and a description of any damage to it, with a specific indication of the disbursements required to repair the damage or in any case restore the vehicle (parts and labour). The substantial integrity of the vehicle is an essential condition for the exercise of the right to withdraw, bearing in mind that it is in any case sufficient that the goods are returned in a normal state of preservation, as long as they were kept and possibly used with the usual degree of diligence. Any sums required to repair damage to the motorbike or in any case restore the vehicle shall be borne by the Purchaser and shall be deducted from the sums returned to him pursuant to Art. 4.7. The Purchaser shall only be liable for any reduction in the value of the vehicle resulting from any tampering of the vehicle other than that necessary to establish the nature, characteristics and functioning of the goods. In this regard, the Seller shall be entitled to deduct from the sum to be returned following withdrawal, by way of fair compensation, € 5 for each kilometre covered by the vehicle in excess of the total of 10 km travelled from the time of delivery of the vehicle to that of its return. It is in any case understood that, unless otherwise indicated by the Seller, the right of withdrawal cannot be exercised if the Purchaser has covered more than 25 km.
4.7 - If the withdrawal is validly exercised, the Seller is obliged to return the sums paid by the Purchaser, including those paid as a deposit and including any delivery costs, within 14 fourteen days of the date of return in accordance with Article 4.5. The Seller shall pay such refund by credit card and/or bank transfer, unless the Purchaser has expressly agreed otherwise and provided that the Purchaser does not incur any costs as a result of the refund. The Purchaser acknowledges that any sums required to repair damage to the motorbike or otherwise restore the vehicle shall be deducted from the refund.
4.8 - Without prejudice to the preceding paragraph, the Seller is not obliged to reimburse additional costs if the Purchaser has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Seller.
4.9 - The Purchaser acknowledges that the Seller may withhold the refund until:
(i) the return has taken place in accordance with Article 4.5; or
(ii) the Purchaser has proved that it has returned the vehicle and fulfilled its obligations under Clause 4.5(b), whichever is the sooner.
4.10 - In the event of withdrawal, the ancillary contracts connected with the purchase of the vehicle will also be automatically terminated, at no cost to the Purchaser.
4.11 - In accordance with Article 59, paragraph 1, letter c) of the Consumer Code (Legislative Decree. 206/2005), the right of withdrawal is excluded, inter alia, when the purchase contract relates to a vehicle customised to the Purchaser 's specific requirements.
5. Delivery and late delivery
5.1 - Delivery dates and deadlines must always be set in writing. The delivery term begins with the conclusion of the purchase contract.
5.2 - Without prejudice to the provisions of clause 5.6 relating to force majeure, the Purchaser may request immediate delivery of the vehicle once 90 days have elapsed since the date or deadline for delivery, as stated in the contract entered by the Seller and the Purchaser, and without prejudice to the provisions of clause 5.3 below. Upon receipt of such notice, the Seller shall be deemed to be in default. Without prejudice to the provisions of Article 1229 of the Civil Code, the Purchaser's right to compensation for damages for any default by the Seller is limited to a maximum of 5% of the agreed purchase price.
5.3 - After the expiry of the period referred to in Article 5.2, the Purchaser is nevertheless obliged to allow the Seller a reasonable period of time to make the delivery before seeking termination. If, instead of performance, the Purchaser claims termination of the contract and damages, the latter shall be limited to a maximum of 15% of the purchase price in the event of slight negligence.
If the Purchaser is a company or body or a professional person who enters into the purchase agreement in the course of his business or self-employed activity, he shall not be entitled to claim compensation for damage caused by the Seller through slight negligence. If, when the Seller is already in arrears with delivery, delivery becomes impossible due to unforeseeable circumstances, compensation for damages shall be limited as provided above. The Seller shall not be liable if the damage would have occurred in any event in the event of timely delivery.
5.4 - The limitations of liability provided for in this article shall not apply in the event of damage to life, limb or health.
5.5 - If the Seller fails to comply with binding delivery terms, dates or terms, it shall be deemed to be in default if such terms, dates or terms have expired. In this case, the Purchaser may assert the rights set out in paragraphs 5.2, 5.3 and 5.4.
5.6 - In the event of force majeure or other events affecting the business activities of the Seller or its suppliers and such as to prevent the Seller from providing - temporarily and through no fault of its own - timely delivery of the purchased products, the terms and dates referred to in this Article paragraphs 5.2 to 5.5 shall be suspended for the duration of such events. If such events result in an interruption of more than four months, the Purchaser shall be entitled to withdraw from this purchase agreement. This clause does not affect other cases of withdrawal.
5.7 - Provided that they are reasonable for the Purchaser and taking into account the interests of the Seller, any changes in design or model, changes in colour or changes in the delivery block made by the manufacturer within the delivery period shall not give rise to withdrawal or termination, nor shall they constitute a breach of contract.
6. Acceptance and collection
6.1 - The Purchaser is obliged to notify his availability for collection of the vehicle ordered within 7 days of the communication by the Seller that the vehicle is ready for dispatch.
6.2 - If the Purchaser fails to collect the vehicle within such term, the Seller may exercise its rights under the law. The Seller shall be entitled to seek damages in the amount of 15% of the gross sale price. Compensation may be established to a greater or lesser extent depending on whether the Seller proves to have suffered greater damage or the Purchaser proves that the Seller has suffered less damage or no damage at all.
7. Title to the Vehicle
7.1 - The Purchaser acquires ownership of the vehicle when he fulfils all his obligations under the purchase agreement, including payment of the balance of the purchase price.
7.2 - As long as the Seller retains ownership of the vehicle, he shall be entitled to retain all documents relating to the registration of the vehicle.
7.3 - In the event that the Purchaser does not timely fulfil its payment obligations, the Seller shall have the right to withdraw from the purchase contract, retaining the deposit, or terminate the purchase contract in accordance with the provisions of the law, requesting compensation for damages.
7.4 - As long as he has not acquired ownership of the vehicle, the Purchaser may not sell or transfer ownership of the vehicle or assign any right of use thereof to a third party.
8.1 - Unless otherwise agreed, the warranty for vehicle defects shall expire in accordance with the law. Unless otherwise provided by law in the case of sale to the customer, if a defect is discovered within 6 months after delivery, it shall be assumed that it existed at the time of delivery of the vehicle, unless the type of defect is such as to exclude this assumption. Limited to the Purchaser 's right to seek remedy for any defect, this assumption shall also apply if the defect occurs for the first time during the second year following delivery.
8.2 - The Purchaser shall have no claim if the defect or damage is attributable to the common use of the vehicle or to the fact that:
(a) the Purchaser did not timely notify the defect after its discovery;
(b) the vehicle was used in conditions other than those for which it was type-approved (for example, in a country other than the country of first delivery and where different type-approval requirements apply);
(c) the vehicle was not properly used or was used in a manner exceeding its normal use (e.g. for sporting competitions);
(d) the vehicle was repaired or serviced in a workshop not authorised by the manufacturer and the Purchaser was aware of this or should have been aware of it;
(e) components not approved by the manufacturer were installed in the vehicle, or the vehicle or parts thereof (e.g. software) were modified without the manufacturer's approval;
(f) the Purchaser did not comply with the instruction of use and maintenance of the vehicle (e.g. the Purchaser did not follow the instructions in the owner's manual).
The purchaser's other rights under the law or the contract, especially in connection with the warranty, shall remain unaffected.
8.3 - The procedure for removing defects is the following:
a. requests for removal of defects may be addressed to the manufacturer or to a member of the network of workshops authorised by the manufacturer. If the Purchaser makes the claim to the member of the network of workshops authorised by the Manufacturer, the Purchaser shall inform the Seller if the first repair of the defect was unsuccessful. If the Purchaser submits the request orally, a written confirmation shall be sent to him.
b. If the vehicle becomes unusable due to a defect, the Purchaser must notify the Manufacturer or the nearest member of the Manufacturer's authorised workshop network in service at that time.
c. The warranty rights of the Purchaser under this purchase agreement shall also apply to parts incorporated in the vehicle being repaired, provided that the warranty on the vehicle is not lapsed.
d. All replaced parts become the property of the Seller.
8.4 - The right to have defects repaired is not affected by a change in ownership of the vehicle.
8.5 - This Article 8 does not apply to cases of civil liability, including for defective products.
9.1 - If the Seller is liable for damage caused by slight negligence under the law or this contract, the Seller's obligation to pay compensation is limited as follows. The Seller shall only be liable if the damage is the consequence of the impairment of one of the essential interests of the parties to the non-performance of one of the main obligations. The Seller's liability in this case is limited to the foreseeable damage at the time of entering into the contract in accordance with the provisions of Article 1223 of the Civil Code. If the specific damage is covered by the Purchaser 's insurance (with the exception of covers with fixed sums), the Seller shall only be liable for related damages, e.g. for increased premiums or interest rates until the damage is settled by the insurance.
9.2 - The Seller's liability due to fraudulent concealment of a defect, acceptance of the quality guarantee or non-performance attributable to the Seller remains unaffected, as does any other right recognised by the Consumer Code and the Civil Code.
9.3 - Any liability for delayed delivery shall be governed exclusively by Art. 5.
9.4 - The personal liability of the Seller's legal representative, agents, external collaborators, consultants and employees is excluded for damage caused through slight negligence.
9.5 - The limits of liability provided for in this Article shall not apply in case of death, injury to physical integrity or health.
10. Governing Law and contractual language
10.1 - This contract is governed by Italian law and, inter alia, by Title III, Chapter I, Section II of the Consumer Code (Legislative Decree 206/2005 and subsequent amendments and additions).
10.2 - The language of the contract shall be Italian.
11. Out-of-court settlement of disputes. Jurisdiction
11.1 - Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree No. 206 of 6 September 2005 (Consumer Code), the Seller informs the Purchaser who is a consumer as defined in Article 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he has made a complaint directly to the Seller, following which it has not been possible to resolve the dispute in this way, the Seller will provide information on the matter to the Purchaser. a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions (ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code). The Seller also informs the Purchaser who is a consumer pursuant to Art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (so-called ODR platform). The ODR platform is available at http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR entities, find the link to the website of each of them and initiate an online dispute resolution procedure for the dispute in which he is involved. This is without prejudice, in any case, to the right of the consumer user to refer the dispute arising from these General Terms and Conditions to the competent ordinary judge, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to promote an out-of-court settlement of disputes relating to consumer relations by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code. The Purchaser residing in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these Terms and Conditions of Sale, to the European procedure established for small claims by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of such regulation can be found at www.eur-lex.europa.eu.
11.2 - All disputes relating to relations with professionals, including those relating to cheques, shall be referred to the judge of the place where the Seller has its registered office. The foregoing shall also apply if the Purchaser is not domiciled in Italy, if it has transferred its domicile outside Italy after the conclusion of the contract or if its domicile is unknown at the time the proceedings are instituted.
11.3 - If the Purchaser is a consumer pursuant to and for the purposes of the Consumer Code, any dispute concerning the interpretation, execution, termination and/or cancellation of the contract shall be settled exclusively by the judge of the place where the Purchaser resides or has his domicile, if located in Italian territory.
12.1 - The Purchaser may submit any complaints to:
New Works Webtech srl
Via Oltrecolle 129 22100 COMO (CO)
Fax: +39 031525648
13.1 - The Purchaser expressly acknowledges having received notice from the Seller, pursuant to and for the purposes of Article 49 of the Consumer Code, concerning:
(a) the main characteristics of the goods purchased;
(b) the identity of the trader, the geographical address at which he is established and his telephone number
(c) the total price of the goods purchased including taxes, additional shipping and delivery costs or, if such costs cannot reasonably be calculated in advance, an indication that these costs may be charged to the Purchaser;
(d) the terms of payment, delivery and performance, the date by which the Seller undertakes to deliver the goods and the handling of complaints by the Seller;
(e) the existence of the legal guarantee of conformity for the goods, the existence and the conditions of the after-sales service and commercial guarantees";
(f) the conditions, terms and procedures for exercising the right of withdrawal in accordance with Article 54(1) of the Consumer Code, as well as the withdrawal form
(g) the possibility of having recourse to an out-of-court complaint and redress mechanism to which the trader is subject and the conditions for having access to it
The seller of the products in the online catalog of the website shop.energicamotor.com is New Works Webtech s.r.l. with registered office in via San Gregorio 44, 20124 Milan and operational headquarters in via Oltrecolle 129, 22100 Como (Italy) (VAT No. and Tax Code: 02658930132). Registration C.C.I.A.A. of Como - Chamber of Commerce registration code. n 272105.
Execution of the agreements
The present agreement between New Works Webtech Srl (Seller) and the purchaser (Customer) is understood to be completed with the confirmation of the order by the Seller according to the methods and terms indicated in the following Article. The execution of the agreements implies that the Customer has read and fully accepted these general terms and conditions of sale. If the Customer is a consumer, once the online purchase procedure is completed, he/she shall print or save an electronic copy and in any case retain these general terms and conditions of sale, in accordance with the provisions of the regulations on distance sales.
Modality of purchase
The customer can only purchase products in the online catalog at the time of order and viewable online at shop.energicamotor.com as described in the relevant information sheets. The order will be validly processed at the time of receipt on the mailbox communicated by the customer confirmation of payment of the order itself. The correct receipt of the order is confirmed by the Seller by means of an email reply, sent to the email address communicated by the Customer. This confirmation message will contain an order number to be used in any further communication with the Seller. The message contains all the data entered by the customer, all information relating to the essential characteristics of the goods, all 'indication of price, payment methods and methods and costs of delivery. The Customer will have to verify the correctness and communicate promptly any corrections to Customer Service, according to the procedures described in this document. In case of non-acceptance of the order, the Seller guarantees timely communication to the Customer.
The products will be sold at list prices in force at the time of the order by the customer and net of delivery costs that are calculated at the time of order. Prices for shipments are inclusive of taxes.
From the moment the customer places an order on the site shop.energicamotor.com the time required for the preparation and shipment of items purchased depends on product availability. On the site for each product is indicated the availability and preparation time of the order. The words "Shipping in 24/48 hours" indicates the time needed to manage the order and prepare the package, and then proceed to shipping. Normally the courier in charge delivers in Italy within 24/48 hours from the shipment and in Europe within 72/96 hours from the shipment. The wording "Delivery in 24/48 hours" is to indicate the time for delivery of the order on the Italian territory islands and areas inconvenient excluded. In case of a multiple order the shipment could happen to complete order, that is after having found all the ordered products. If among these there are, for example, products that in the card report the words "In Reservation", the order could be processed when these products will be available. If in phase of evasion of an order a product was not more available, because exhausted or not available, an e-mail will inform the Customer of the inconvenience and the order will be updated with the elimination of the not available article. The other products will be shipped and the amount of the unavailable item will be automatically deducted from the total amount indicated during the purchase process. Regardless of the method of payment chosen and in the case of prepayment the customer will be refunded the value of the missing item.
Photos of products
The photos on the site of the products for sale are for illustrative purposes, the manufacturer reserves the right to make changes to products from the photographs on the site without giving notice. The Seller will try as much as possible to update the photos of the products according to such variations.
If the goods received by you have manufacturing defects, you can request a replacement. In order to obtain the replacement you will have to communicate the defect by e-mail at email@example.com.
Before proceeding with the shipment of the goods you must obtain a response from firstname.lastname@example.org. We will send you a code to return the goods.
Warning! Returned goods for which New Works Webtech Srl has not obtained the return authorization and the relative return code will not be accepted.
Right of withdrawal
In compliance with the law on electronic commerce, if the Customer is a consumer (i.e., a natural person who purchases goods for purposes not related to his/her own professional activity, i.e., does not make the purchase by indicating a VAT number on the order form to the Seller), he/she has the right to withdraw from the purchase contract for any reason whatsoever, without the need to provide explanations and without any penalty, without prejudice to what is indicated in the following point To exercise this right, the Customer must send the Seller a written notice to this effect within 14 days from the date of receipt of the goods. Such communication must be sent by letter addressed to:
New Works Webtech Srl
(Customer Service Energica Store Online)
Via Oltrecolle 129
22100 Como (Italia)
or by telegram or email to email@example.com always sent within the aforementioned period of 14 days. Once the above notice of withdrawal has been received, the Seller's Customer Service will quickly communicate to the customer instructions on how to return the goods, which must be returned by the customer and received by the Seller within 14 days of authorization. The right of withdrawal is however subject to the following conditions:
- the right applies to product purchased in its entirety;
- the purchased goods must be intact and returned in original packaging, complete in all its parts (including packaging and any documentation, etc. ...);
- must be avoided in all cases the affixing of labels or adhesive tapes directly on the original packaging of the product;
- the shipping costs for the return of the goods are charged to the customer. In case of return from non-EU countries all costs related to transport, customs clearance and VAT are charged to the consumer;
- the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer.
The sending of the request for return by the customer in the manner described above and its authorization by email from the Seller are a necessary condition for the return can be accepted. The return authorization sent to the Customer by the Seller contains the address of the warehouse where to send the goods to be returned. The Seller reserves the right to refuse unauthorized returns that do not comply with these conditions of return. The goods will be returned, therefore, to the Customer at the original shipping address.
In case of damage to the goods during transport, the Seller will notify the customer of the incident (within 5 days of receipt of the goods in their stores), to enable him to file a timely complaint against the carrier of his choice and obtain reimbursement of the value of the property (if insured), in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal; The Seller is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments. Upon its arrival (in the warehouse), the product will be examined to assess any damage or tampering not resulting from transport. If the packaging and / or the original packaging are damaged, the Seller will deduct from the refund due to a percentage, but no more than 10% of it, as a contribution to the costs of restoration or can refuse the return. Without prejudice to any repair costs for damage to the original packaging, the Seller will refund the customer the full amount already paid, excluding shipping costs. The refund will take place within 14 days from the return of the goods. The refund will be made by the Seller, depending on the method of payment used when placing the order, by crediting the amount due, which will be paid on the credit card or Paypal account used at the time of the order or by bank transfer to the c / c that the customer will communicate at the express request of the Seller. The right of withdrawal is totally lost, for lack of the essential condition of integrity of the good (packaging and / or its contents), in cases where the Seller ascertains
- the lack of the external packaging and/or the original internal packaging;
- the absence of integral elements of the product (accessories, parts, ...);
- damage to the product for reasons other than transport.
- damage to the original packaging
- the removal of labels tags and / or security seals
In case of forfeiture of the right of withdrawal, the seller will return to sender the property purchased by charging the same shipping costs. Any complaints must be addressed to:
New Works Webtech Srl
(Energica Store Online Customer Service)
Via Oltrecolle 129
22100 Como (Italia)
Applicable law and competent court
This contract is governed by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this contract, if the customer is a consumer, the territorial jurisdiction is that of the reference hole of his town of residence, in all other cases the territorial jurisdiction is exclusively that of the Court of Como.
Online Dispute Resolution
The European Commission has created a platform for the out-of-court settlement of disputes. The procedure offers consumers the opportunity to resolve disputes relating to online purchases without having to resort to the establishment of a process and the involvement of courts and judges. A description of the procedure is available at the following link: http://ec.europa.eu/consumers/odr/