GENERAL TERMS AND CONDITIONS OF SALE FOR ONLINE PURCHASES ON THE WEBSITE WWW.RACINGVALLEY.COM
Racingvalley.it, with registered office at Via Marconi 5, 43022, Monticelli Terme, Parma, Italy - VAT number: IT03068420342, email address info@racingvalley.com, makes available to all users the possibility of purchasing over the Internet the Products offered for sale by it through the website www.racingvalley.com
1. GENERAL NOTES
These General Terms and Conditions of sale (“General Terms”) are governed by the Italian Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments) and by the rules on electronic commerce (Legislative Decree no. 70/2003 and subsequent amendments) and apply exclusively to distance sales via the web of the Products shown on the website www.racingvalley.com.
In the event of any change to the General Terms compared with the purchase order, the General Terms published on the website at the time the Order is submitted by the Customer shall apply.
The term “Buyer” or “Customer” means both the Consumer, a natural person who makes the purchase under this contract for purposes not related to any commercial or professional activity carried out, and the Professional as defined in art. 3 of the Consumer Code.
The term “Manufacturer, Intermediary or Supplier” means racingvalley.com
2. OFFER TO THE PUBLIC
2.1 The Products with their respective prices, as shown on the Site, constitute an offer to the public in accordance with the terms specified in the General Terms and on the Site itself. The conditions of such offer apply exclusively to purchases made on the website indicated above. The purchase contracts entered into on the Site and concerning the Products are concluded with racingvalley.com
2.2 The Products referred to in the previous point are illustrated on the web page: www.racingvalley.com.
3. METHOD OF ENTERING INTO THE CONTRACT
The contract between RACING VALLEY and the Customer is concluded via the internet through the buyer's access to the address www.racingvalley.com, where, by following the procedures, the Buyer will proceed to formalise the order to purchase the goods.
4. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is finalised through the accurate completion of the order form, acceptance of the general terms and conditions of contract — which are accepted by clicking on the relevant flags linked to their respective links, opening which the same conditions can be downloaded, saved and/or printed — and the consent to purchase expressed through the acceptance sent online, preceded by the display of a printable web page confirming and summarising the order, containing the details of the person placing the order and of the order, the price of the goods purchased, the shipping costs and any further ancillary charges, the methods and terms of payment, and the address where the goods will be delivered. The purchase contract shall be deemed concluded between RACING VALLEY and the Customer at the moment the order is received by RACING VALLEY. In such case RACING VALLEY sends an order confirmation email to the email address provided by the Customer, stating the order number, the details of the person placing the order and of the order, the price of the goods purchased, the shipping costs and any further ancillary charges, the methods and terms of payment, the address where the goods will be delivered and any particular conditions applicable to the individual order and determined following specific requests by the Customer.
4.2 In order to proceed with the purchase Order, the Customer may, alternatively, follow the methods below:
a) if the Customer is already registered on the Site, it will be sufficient to enter their access credentials (username and password) in the “Log in | Register” section,
4.3 racingvalley.com offers its Customers the possibility of making use, free of charge, of telephone support from RACING VALLEY staff for assistance with completing their Purchase Order. To take advantage of this service, the Customer may contact customer service at info@racingvalley.com
5. METHODS OF PAYMENT AND REFUND
5.1 Payment of the Order may be made either by cash on delivery, the additional costs of which shall be borne by the customer, at the time of delivery of the Product by the appointed carrier, or at the time the online order is submitted to RACING VALLEY, as indicated in the “Payments” section, following the instructions for making the payment shown on the web page, thereby choosing to carry out the transaction automatically upon confirmation of the order.
5.2 For online payment, RACING VALLEY has chosen the PayPal electronic payment circuit and Credit Cards. In the case of payment with PayPal, the transaction is carried out directly on PayPal's secure server and at no point during the purchase procedure will the Seller be able to know the Customer's Credit Card number, as that number will be forwarded directly to the banking service provider via a protected connection. Specifically, all information relating to the credit card will be forwarded directly to the bank, which will process the payment via a protected connection. Under no circumstances will racingvalley.com be able to view the Credit Card details.
In both cases racingvalley.com is not responsible for any fraudulent or unlawful use that may be made by third parties of the credit cards used when paying for the purchased products. In order to better protect the Customer and racingvalley.com from fraudulent transactions, the latter reserves the right to request, where appropriate, additional personal data (copy of identity card, etc.)
5.3 Any refund to the Buyer will be credited using one of the methods offered on the Site by the Supplier and chosen by the Buyer, promptly and, in the event of exercising the right of withdrawal, at the latest within 14 days from the date on which racingvalley.com verified the integrity of the returned items.
6. DELIVERY METHODS, TIMES AND COSTS
6.1 racingvalley.com will deliver the selected and ordered products through specialised carriers specifically appointed for the purpose. At the time of delivery, the presence of the Customer or of a trusted person is required in order to check that the packaging is intact and that the Products received correspond to what is stated on the order. In the event of visible defects, such as incorrect quantities and/or incorrect product and damaged packaging, racingvalley.com asks the Customer, or their trusted representative, to report the aforementioned anomalies on the transport document, accepting the goods “subject to inspection”, and to contact racingvalley.com by email at info@racingvalley.com.
racingvalley.com will arrange to send the Customer an email notifying them that the parcel has been handed over to the Courier and which will allow them to check the status of the shipment by means of the tracking number (shipping code) or, if necessary, to contact the Courier directly to check its status.
6.2 Delivery costs are borne by the Customer and detailed in the Purchase Order and in the subsequent Order Confirmation.
6.3 Insurance of the parcel is optional; should it not be requested, the seller assumes no responsibility for the loss or damage of the parcel. The parcel travels under the responsibility of the buyer, and the seller shall be released from any obligation from the moment the parcel is handed over to the courier.
To request insurance, simply write so in the order notes field available in the cart at the purchase confirmation stage.
7. PRICES
7.1 The total price for the purchase of the goods covered by this contract is that resulting from the order confirmation sent by email.
8. LIMITATIONS OF LIABILITY
8.1 racingvalley.com assumes no liability for disruptions attributable to force majeure, should it be unable to fulfil the order within the timeframes provided for in the contract.
8.2 racingvalley.com cannot be held liable towards the Buyer, except in cases of wilful misconduct or gross negligence, for disruptions or malfunctions connected with the use of the internet outside its own control or that of its sub-suppliers.
8.3 racingvalley.com shall also not be liable for damages, losses and costs incurred by the Buyer as a result of the non-performance of the contract for reasons not attributable to it, the Buyer being entitled only to the full refund of the price paid and of any ancillary charges incurred.
8.4 racingvalley.com assumes no liability for any fraudulent or unlawful use that may be made by third parties of credit cards and other means of payment when paying for the purchased products, provided that it demonstrates that it has adopted all possible precautions based on the best knowledge and experience of the time and on ordinary diligence.
9. LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: THE SUPPLIER'S OBLIGATIONS.
9.1 Pursuant to articles 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects of the goods sold if it fails to communicate to the injured party, within three months of the request, the identity and domicile of the manufacturer or of the person who supplied the goods to it.
9.2 The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain an offer to make the product available for inspection, if it still exists.
9.3 racingvalley.com cannot be held liable for the consequences arising from a defective product if the defect is due to the product's conformity with a mandatory legal rule or a binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
9.4 No compensation shall be due where the injured party was aware of the product's defect and of the resulting danger and nevertheless voluntarily exposed themselves to it.
9.5 In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
9.6 The risk of loss of or damage to the purchased goods is transferred from racingvalley.com to the Buyer when the latter, or a third party designated by them other than the carrier, takes physical possession of the goods. However, the risk is transferred to the Buyer at the time of delivery to the carrier if the Buyer has appointed the carrier to transport the goods and the chosen carrier was not proposed by racingvalley.com, without prejudice to the Buyer's rights against the carrier.
10. LEGAL WARRANTIES
a. Legal warranty for the Consumer Customer: the Consumer Customer, as defined in art. 3 of the Consumer Code (Legislative Decree no. 206 of 6 September 2005), has the right to make use of the legal warranty provided by the Consumer Code itself in articles 128 to 132. racingvalley.com is liable for any lack of conformity that appears within two years of delivery of the goods. For the purposes of this contract, consumer goods are presumed to conform to the contract if, where relevant, the following circumstances coexist: a) they are fit for the use for which goods of the same type are normally used; b) they conform to the description given by the seller and possess the qualities of the goods that the seller presented to the consumer as a sample or model; c) they present the quality and performance usual for goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, the public statements about the specific characteristics of the goods made in this respect by the seller, the manufacturer or its agent or representative, in particular in advertising or on the labelling; d) they are also fit for the particular use intended by the consumer that was made known to the seller at the time of conclusion of the contract and that the seller accepted, including by conclusive conduct. The Buyer forfeits all rights if they do not report the lack of conformity to the seller within two months from the date on which the defect was discovered. Reporting is not necessary if the seller has acknowledged the existence of the defect or concealed it. In any case, unless proven otherwise, defects of conformity that appear within six months of delivery of the goods are presumed to have already existed on that date, unless this assumption is incompatible with the nature of the goods or with the nature of the lack of conformity.
In the event of a lack of conformity, the Buyer may request, alternatively and under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code. The request must be sent by email to info@racingvalley.com to racingvalley.com, which will indicate its willingness to act on the request, or the reasons preventing it from doing so. In the same communication, where it has accepted the Buyer's request, it must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods. Where repair and replacement are impossible or excessively burdensome, or the Supplier has not carried out the repair or replacement of the goods within the deadline referred to in the previous point, or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at their choice, an appropriate reduction of the price or the termination of the contract. In such case the buyer must send their request to the Supplier, which will indicate its willingness to act on it, or the reasons preventing it from doing so, within seven working days of receipt. In the same communication, where racingvalley.com has accepted the Buyer's request, it must indicate the proposed price reduction or the methods of returning the defective goods. In such cases RACING VALLEY will re-credit the sums paid by the Buyer using the methods used at the time of purchase and, only in the case of payment by cash on delivery, by bank transfer. In the event of replacement or repair of the Product, the terms of the Warranty of the Product given as replacement or resulting from the repair are the same as those of the original product. Therefore, the overall two-year duration of the legal Warranty shall in any case run from the delivery of the original Product. In order to make use of the Warranty, we recommend that you present the proof of purchase.
b. Legal warranty for the non-Consumer Customer (Professional): the Professional Customer, as defined in art. 3 of the Consumer Code, has the right to make use of the legal Warranty provided by the Civil Code. This Warranty provides, among other things, that the non-Consumer Customer, under penalty of forfeiture, must report to racingvalley.com any lack of conformity found in the purchased product within 8 (eight) days of discovery. The above legal Warranty is valid for a maximum period of 12 (twelve) months from delivery of the product. Beyond that period, racingvalley.com will therefore not be liable for defects of conformity found by the non-Consumer Customer. In order to make use of the Warranty, we recommend that you present the proof of purchase.
11. RIGHT OF WITHDRAWAL
11.1 The Buyer has the right to withdraw from the concluded contract, within a period of 30 (thirty) days, running from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, takes physical possession of the purchased goods. The withdrawal notice is to be sent by email to info@racingvalley.com
11.2 In the event that racingvalley.com has not fulfilled the information obligations regarding the existence, methods and timing of return or collection of the goods in the event of exercising the right of withdrawal referred to in art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months and runs from the end of the initial withdrawal period.
11.3 If, within 12 (twelve) months from the date of this contract, racingvalley.com provides the Buyer with information on the existence, methods and timing of return or collection of the goods in the event of exercising the right of withdrawal referred to in art. 52 of the Consumer Code, the withdrawal period expires 14 (fourteen) days after the day on which the Buyer receives the information.
11.4 Should the Buyer decide to make use of the right of withdrawal, they must use the appropriate form and give further explicit notice to racingvalley.com and send everything by email to info@racingvalley.com, provided that such communications are confirmed to the address indicated above within the following 48 (forty-eight) hours. The postmark affixed by the post office on the issued receipt shall be authoritative between the parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided this is done within the same terms. The date of delivery to the post office or courier shall be authoritative between the parties.
11.5 The Buyer may not exercise this right of withdrawal for contracts for the purchase of products whose packaging is sealed and has been opened by the Buyer, nor for goods made to measure or clearly personalised, or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
11.6 The only costs due from the consumer for exercising the right of withdrawal under this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.
11.7 racingvalley.com will refund the amount paid by the Buyer using the same payment method used by the Buyer. The refund will be arranged only on condition that the returned goods are intact, unused and complete with their packaging. Otherwise the product will be returned to the Buyer at their expense.
11.8 Upon receipt of the communication by which the Buyer notifies the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
11.9 In the case of a Return for Withdrawal, the shipping costs for returning the products are borne by the end customer.
The return shall be under the responsibility of the end customer until the box is delivered to our warehouse.
12. PROTECTION OF CONFIDENTIALITY AND PROCESSING OF THE BUYER'S DATA
12.1 racingvalley.com protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation set out in Legislative Decree no. 196 of 30 June 2003 and EU Regulation no. 679/2016.
12.2 The personal, registry and tax data acquired directly and/or through third parties by racingvalley.com, as data controller, are collected and processed in paper, IT and electronic form, in relation to the processing methods, for the purpose of registering the order and activating the procedures for the performance of this contract and the relevant necessary communications, in addition to fulfilling any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best carry out the requested service (art. 24, paragraph 1, letter b, Legislative Decree no. 196/2003).
12.3 racingvalley.com undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose it to unauthorised persons, nor to use it for purposes other than those for which it was collected or to transmit it to third parties. Such data may be disclosed only at the request of the judicial authority or of other authorities authorised by law.
12.4 Personal data will be communicated, subject to signing an undertaking of confidentiality of the data itself, only to persons delegated to carry out the activities necessary for the performance of this contract and communicated exclusively within the scope of that purpose.
12.5 The Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/03, namely the right to obtain:
a) the updating, rectification or, where there is an interest, the integration of the data;
b) the erasure, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is not necessary for the purposes for which the data were collected or subsequently processed;
c) confirmation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data were communicated or disseminated, except where this obligation proves impossible or involves the use of means manifestly disproportionate to the protected right.
The data subject also has the right to object, in whole or in part:
i) on legitimate grounds, to the processing of personal data concerning them, even if relevant to the purpose of the collection;
ii) to the processing of personal data concerning them for the purpose of sending advertising material or direct selling or for carrying out market research or commercial communication.