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Conditions of Sale

 

Website publication and entry into force date 09/09/2014

 

1. Subject

1.1.  These Terms and Conditions of Sale apply to the purchase of “Top Racers” branded Products, made by VR|46 Racing S.r.l., (hereinafter "Products") performed through the e-commerce website www.top-racers.com (hereinafter the "Website") by users classified as "Consumers" within the meaning of Article 1.2 below.  Sales through the Website, of which VR|46 RACING S.R.L., with registered office at 61121 Pesaro (PU)  via  VIA FRATELLI ROSSELLI, 46 , tax code, VAT number and registration number with the Companies Register of Pesaro Tax Code/VAT no.  02495180412, is owner (hereinafter "Owner"), are performed by the company Triboo Digitale S.r.l. - Company of the Triboo group - with registered office at Viale Sarca 336 20126 Milan, Italy, tax code, VAT number and registration number with the Companies Register of Milan 02912880966 email address customercare@top-racers.com tel 02-64741401 fax 02-64741490 (hereinafter "TRIBOO DIGITALE").

1.2. TRIBOO DIGITALE is, therefore, directly involved in the sale of Products through the Website on behalf of the owner. All purchases of Products made through the Website will therefore have, as parties of the same sale, TRIBOO DIGITALE sale, as seller (hereinafter the "Seller"), and the entity that purchases one or several Products for purposes not related to their trade, business, craft or profession as purchaser(hereinafter "Consumer"), (Seller and Consumer will be collectively referred to as the "Parties").

1.3. The Owner is not a party of the sale executed by the Seller through the Website and governed by these Terms and Conditions of Sale but is and remains the owner of the rights to the domain name of the Website, of all the contents from time to time published and present on the Website, as well as all the rights, including through licencing, the logos and trademarks, relating to the Products as well as those relating to the authorship of the original "Top Racers" branded Products displayed on the Website, in addition to the copyright on the relevant contents on the Website and more generally of all the financial exploitation rights relating thereto.

1.4. Any communication of the Consumer connected and/or relating to purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, exercising of the right of withdrawal, etc.  must only be sent to the Seller at the address and in the manner specified on the Website and to the e-mail address customercare@top-racers.com.

1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.

1.6. The Website is dedicated to retail and as such is intended for the exclusive use of Consumers, as required by Italian law, with particular reference to the so-called Consumer Code.  The ability to purchase Products on the Website is, therefore, reserved exclusively to the entity called Consumer pursuant to the afore-mentioned law, that is - among other aspects - the natural person that acts for purposes which are outside of the trade, business, craft or profession possibly being exercised; the resale, rental and/or assignment for any commercial or professional use of the Products purchased from this Website is therefore expressly prohibited. Entities who are not consumers are therefore prohibited from executing purchase orders. 

1.7. When transmitting a purchase order, the Consumer agrees that confirmation of the information relating to the order being made and these Terms and Conditions of Sale - that the same acknowledges having carefully read - will also be sent to them via e-mail at the address stated by the same during registration on the Website or during the purchase process. 

1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.

1.9. The Customer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.


2. Characteristics of the Products and their availability in different geographical areas

2.1. The Products are sold with the characteristics described on the Website and in accordance with the Terms and Conditions of Sale posted on the Website at the time of the order by the Consumer, with the exclusion of any other term or condition. Despite the Seller constantly adopting measures to ensure that the photographs displayed on the Website are faithful reproductions of the Products, including the adoption of any technological solution possible to minimise inaccuracies, certain variations are also possible due to the technical characteristics and colour resolution characteristics with which the computer used by the Consumer is provided. As a result, the Seller will not be liable for any inappropriate graphical representations of the Seller's Products displayed on the Website linked to these technical reasons.

2.2. The Supplier reserves the right to amend all or part of these general terms and conditions of sale at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the SIte, and will only apply to sales concluded from that date onwards.

2.3. The prices and Products for sale on the Website and/or the characteristics of the same are subject to change without notice. Before sending the purchase order, pursuant to paragraph 3 below, the Consumer is encouraged to verify the final sale price.

2.4. The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site.

 

3. Product purchase procedure - Conclusion of each individual purchase contract

3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.

3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.

3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the e-mail will include the text of these general sales conditions, a summary of the order placed and a description of the product features. The Consumer’s order, the Seller's order confirmation and the general terms and conditions of sale applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at customercare@top-racers.com .

3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail

 

4. Procedure for the selection and purchase of the Products

4.1. The Products displayed on the Website may be purchased through the selection of Products of interest to the Consumer and their insertion into the virtual shopping cart. Each purchase by the Consumer may relate to one or several Products up to a maximum of 15 units for each item and, in any case, not exceeding 15 units per month. Having selected the Products, to perform the purchase of the items inserted into the shopping cart, the Consumer will be invited (i) to register on the Website, providing the requested data, or (ii) to log in, if the Consumer has already been registered, or (iii) to provide their data in order to complete the order and to allow fulfilment of the contract.  If the data specified in the order is different from that provided during registration on the Website, the Consumer will be requested to confirm their details (including but not limited to: first name, surname, etc.), as well as the address for delivery of the Products selected, the invoice address and, optionally, a telephone number where they may be contacted for any communications relating to the purchase. The Consumer will view a summary of the order to be executed, with the option to modify the contents: as such, the Consumer, after careful reading, must expressly approve the Terms and Conditions of Sale, through the appropriate tick (check-box) present on the Website, and finally, using the "Insert order" button, the Consumer will be requested to confirm their order, that will finally be sent to the Seller and will produce the effects described in the previous section 3.2. of this contract. The Consumer will also be asked to choose the method of delivery and payment from among those available. If the Consumer opts for the instant payment method (simultaneous to purchase) by credit card, PayPal or immediate bank transfer, they will be required to disclose their relevant data via secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the identity indicated by the Consumer. If payment is made by credit card, the purchase amount will only be charged at the time of transmission of the acknowledgement of the order by the Seller to the Consumer.

4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address customercare@top-racers.com.

4.3. If the Consumer has completed the purchase order which includes a Product whose price is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site:

(a) if the Consumer has not yet received the Product, the Seller shall (i) cancel the order, block the delivery and send notice to this effect by e-mail to the address provided by the Consumer during the order transmission phase and (ii) refund the Consumer with the payments effected pursuant to the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment;

(b) if the Consumer has received the Product, the Seller shall promptly notify the Consumer by email of the technical error that occurred during the order procedure, and offer the same, alternatively, to (i) pay the Seller, within and no later than the next 5 (five) days, using one of the payment methods available on the Site, the difference between the correct price of the product and the incorrect price indicated on the purchase order, or (ii) cancel the order, following the instructions provided in the same email notice on how to return the Product to the Seller, at the expense of the latter, within and no later than the next 14 (fourteen) days, more specifically to Triboo Digitale c/o ArceseLog, Via Groane 6, 20811 Cesano Maderno (MB) - ITALY, undamaged, complete with all parts and accessories (including unaltered labels and cards still attached to the Product), accompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty certificate, together with the duly completed RMA form attached to the email sent by the Seller- If the Consumer chooses the option provided in point (b) (ii) above, the Seller shall refund the payments effected by the Consumer for the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment.

 

5. Delivery and acceptance of goods

5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.

5.2. The Seller undertakes to do everything in their power to respect the delivery times indicated on the Website and, in any case, to make delivery within a maximum of thirty (30) days from the day following that on which the Consumer transmitted their order. In case of non-execution of the order by the Seller, due to the temporary unavailability of the Products, the Seller will provide written notice by e-mail to the Consumer and will refund any amounts already paid by the Consumer for the payment of the Product pursuant to the following section. 5.3. If the Consumer has chosen bank transfer as the method of payment, delivery will commence after receipt of payment from the Seller.

5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly  damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with rights reserved”.


6. Prices, shipping costs, customs duties and taxes

6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site

6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside of the EU, the total price specified in the order and confirmed in the order confirmation, inclusive of indirect taxes (if applicable), is net of any customs duties and any other sales tax, which the Consumer hereby agrees to pay, when due, in addition to the price specified in the order and confirmed in the order confirmation, as required by the legal provisions of the country to which the Products will be delivered. The Consumer is requested to inform themselves, with the relevant authorities in their own country of residence or at the destination of the Products, with regard to obtaining information about any taxes or duties charged in their own country of residence or at the destination of the Products

6.4. Any possible additional costs, charges, tax and/or duty that a given country may apply, in any shape or form, to the Products ordered in accordance with these Terms and Conditions of Sale are the sole responsibility of the Consumer.

6.5. The Consumer states that the lack of knowledge of the costs, charges, duties and taxes referred to in the preceding paras. 6.3. and 6.4., when sending an order to the Seller, will not constitute grounds for termination of this contract and may in no way charge these expenses to the Seller.

 

7. Payments

7.1. Payment of the price of the Products purchased through the Website will be made to the Seller within the deadline of ten (10) days from the date of dispatch of the order confirmation by the Seller to the Consumer. The Consumer expressly agrees that execution of the Contract by the Seller will start at the time of crediting of the price of the Product(s) purchased into the current account of the Seller.

7.2. Payments for orders placed on the Site can be paid for by credit card, or via PayPal at the conditions provided below. The Seller may also allow other payment methods, as seen in the specific payment section on the Site.

7.3. When payment is by credit card,the Consumer will be transferred to a secure site and the credit card information will be communicated directly to Global Collect Service BV, with registered office in Amsterdam, Holland, via Platenweg 43-49, 2132 HF Hoofddorp, enrolled with the Amsterdam Business Register no. 34140462,  the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.

7.4. Orders may be paid for by bank transfer to the Seller, where the Consumer shall use the  "Swift" and IBAN codes indicated on the order confirmation, together with the order number.

7.5. The invoice/tax records relating to the purchase will be sent to the Consumer in electronic format, if required by law, to the e-mail address provided by the Purchaser during the registration process, if the products are to be delivered to a recipient in the Italian territory, or attached to the purchased product in paper format, in all other cases.

 

8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.

8.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (Consumer Protection Code ), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, tags or labels.

8.2. The Consumer is required to report any defects and non-conformities of the products within and no later than 2 (two) months of acknowledging the same, with an online request in the reserved area clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt or, after 14 days from receiving the products, sending an email to the Customer Care Service addressed to customercare@top-racers.com filling in the relative form. Failure to do so will invalidate this warrant.

8.3. On receiving the request and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order; this e-mail will include the form with the "Returned Product Code". Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail indicating the "Returned Product Code" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address: TRIBOO DIGITALE S.r.l., c/o Arcese Trasporti S.p.a., Via Groane 6, postcode 20811 Cesano Maderno (MB) – Italy

8.4. If the Seller is required to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product, or by bank transfer. The Purchaser will be responsible for sending the Seller, during the returned product phase, using the email address customercare@top-racers.com the bank details to receive the payment in his favour and allow the Seller to transfer the refund.

 

9. Liability for damages from defective products

9.1. With regard to any damages caused by defects of the Products, the provisions of the European Directive 83/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer Code) are applicable. 

 

10. Right of withdrawal - Privacy

10.1. The Consumer is entitled to withdraw from any contract entered into pursuant to these Terms and Conditions of Sale, without penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of Purchase of several Products delivered separately with a single order, from when the last Product was delivered. 

10.2. To exercise the right of withdrawal, the Consumer must inform Triboo Digitale before expiry of the period referred to in section 10.1, of their decision by accessing -  unless you do not wish to provide any other explicit declaration of your decision to withdraw -  the page "My returns" from My Account or, if they are not registered on the Website, by accessing the dedicated page and entering the order number and the e-mail address with which they made the purchase. Alternatively, the Consumer may send an explicit statement to Triboo Digitale via the contact form or e-mail customercare@top-racers.com with their decision to withdraw using the withdrawal form attached.

10.3. Following the provisions of section 10.2, the Consumer will receive a confirmation e-mail for the exercise of withdrawal, containing the return form to be included in the package and the instructions to return the Product to be sent within the following 14 days

Triboo Digitale c/o Arcese Trasporti S.p.a.

Via Groane 6

20811 Cesano Maderno (MB) - ITALY

10.4. If the Consumer has received the Product, they are required to return it to Triboo Digitale without undue delay and in any event within 14 days from the day they communicated their withdrawal. The deadline is met if you resend the goods before the expiry of the period of 14 days. The risks and the direct costs of returning the goods will be borne by the Consumer. If you exercise withdrawal via the Website, before confirming the withdrawal request, you will be shown the cost of returning the goods where you decide to use the return service offered by the Website.

10.5 If you withdraw, you will be refunded the payments you have made, including the cost of delivery (except for the additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered) without undue delay and, in any event, no later than 14 days after exercising the withdrawal. Such refunds will be made using the same method of payment used by the Consumer for the initial transaction, unless the Consumer requests repayment via a different means of payment.  In this case any additional costs arising from the different means of payment will be charged to the Consumer. Refund may be suspended until receipt of the goods or until demonstration by the Consumer of having sent back the goods, whichever is earlier.

10.6 The Consumer is responsible for the diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. As such, if the returned goods are damaged (e.g. with signs of wear, abrasion, scratches, deformation, etc.), not complete with all their component parts and accessories (including labels and tags intact and attached to the Product), not accompanied by the instructions/notes/manuals, with the original packaging and packing and the warranty certificate, if any, the Consumer will incur the financial cost of the decrease in the value of the item and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is asked not to manipulate the item beyond that which is strictly necessary to establish the nature, characteristics and functioning of the same and to reconstitute the original covering of the Products with other protective packaging that preserves their integrity and protects them during transportation including the wording or labels.


11. Intellectual property rights

11.1. The Consumer declares being informed that all the trademarks and names, as well as any distinctive mark, trade name, image, photograph, written text or graphics used on the Website relating to the Products being marketed and relating to the authorship of the same original Products, and more in general all the financial exploitation rights pertaining to them, are and remain the exclusive property of VR|46 Racing S.r.l. and/or its assignees, without access to the Website and/or purchase of the Products resulting in the Consumer deriving rights over the same.

11.2. Unless prior specific consent is granted in writing by VR46 Racing S.r.l., no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.

 

12. Consumer data protection and privacy

12.1. To be able to proceed with registration, to place an order and thus conclusion of this contract, certain personal data is required via the Website from the Consumer. The Consumer acknowledges that their personal data will be recorded and used by the Seller and by VR|46 Racing S.r.l. for those purposes related to the ownership of the Website in accordance with and in compliance with Italian law referred to in Legislative Decree no. 196/2003 and subsequent amendments and additions. - Privacy Code, to give effect to each purchase made through the Website and, subject to their consent, for any additional activities as indicated in the relevant privacy policy provided to the Consumer through the Website at the time of registration.

12.2. The Consumer states and confirms having read the Privacy Policy and that the information provided to the Seller during the registration and purchase process is true and correct.

12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data  submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.

12.4. The Consumer states and confirms having read the Terms and Conditions of Use. 

 

13. Security

13.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.

13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Global Collect Service NV which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.


14. Applicable law, conciliation attempt and jurisdiction

14.1. Any contract of sale concluded between the Seller and Consumers under these Terms and Conditions of Sale will be governed by and construed in accordance with Italian law and in particular by Legislative Decree 6th September 2005 no. 206, the so-called Consumer Code (as amended by Legislative Decree 21st February 2014, no. 21), with specific reference to the rules on distance contracts, and by Legislative Decree 9th April 2003 no.70 on certain aspects regarding electronic commerce. In any case, these will be without prejudice to any rights granted to Consumers by the mandatory provisions of law in force in the State of the latter.

14.2. In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet.  For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.

14.3. As an alternative to the settlement proposed in art. 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: customercare@top-racers.com.

14.4 If no settlement attempt is made, as under section 14.2, or the attempt is not successful, the Court of Milan is assigned exclusive jurisdiction for all such disputes, except where this provision cannot be applied due to binding provisions in force in the Consumer's country of residence.