These general conditions (hereinafter “General Conditions”) regulate the access and use of the website www.ozracing-ebike.com (“Site”) and the sales provided by OZ S.p.A., with registered office in Via Bastion n.49/4 36061, Bassano del Grappa (VI), P.I. 00262760242 (hereinafter “OZ”) through the Site.
The user is requested to print a copy of the General Conditions and to store them on a durable medium.
- GENERALITY AND FIELD OF APPLICATION
- These General Conditions apply to all services offered by OZ through the Site.
- The General Conditions may be amended at any time. Any changes and new conditions will be in force from the moment of their publication on the Site. To this end, we invite users to regularly access the Site and to check the publication of the most updated General Conditions.
- The applicable General Conditions are those in force on the date of use of the service and/or when the purchase order is sent.
- If the user does not intend to accept the changes to the General Conditions, he may withdraw by giving 15 days’ notice by registered letter with acknowledgement of receipt or by e-mail.
- The continued use of the Service after the term referred to in the preceding paragraph is deemed as an acceptance of the General Conditions.
- These General Conditions do not regulate the sale of products and/or the supply of services by subjects other than OZ that are present on the Site through links, banners or other hypertext links. Before engaging commercial transactions with these parties, the user shall check their conditions of sale. OZ is not responsible in any way for the supply of services and/or the sale of products by such parties. OZ does not control or monitor the websites accessed through these links. OZ is therefore not responsible for the contents of these sites nor for any errors and omissions or violations of law by the same.
- In order to use OZ’s services it is necessary to register on the Site by creating an OZ account. The non- acceptance of the General Conditions makes it impossible to register on the Site and make purchases on OZ.
- Registration is only permitted for consumer users who are of legal age. “Consumers” are natural persons who access the Site for purposes not related to their commercial, entrepreneurial or professional activity.
- Registration on the Site is free of charge. In order to register, the user must fill in the registration form, entering name, surname, an e-mail address and a password (hereinafter the “Registration Credentials”). Registration is confirmed by e-mail sent to the address provided by the user.
- Registration Credentials must be used exclusively by the user and may not be transferred to third parties. The user must notify OZ without delay in case of suspected misuse of the same. The Registration Credentials may be modified by the user at any time by accessing the section dedicated to the user’s profile on the Site.
- The user guarantees that the Registration Credentials provided during the registration procedure to the Site are complete, correct and truthful. The user agrees to hold OZ harmless from any obligation to compensate damages, sanction arising and/or in any way connected to the violation by the user of the rules on registration to the Site. The user remains exclusively responsible for access to the Site by means of Registration Credentials and is directly liable for any damage or prejudice caused to OZ or third parties by improper use, loss, misappropriation by others or failure to protect adequate secrecy of his/her Registration Credentials. All operations carried out through the Registration Credentials are considered to be carried out by the user to whom the Registration Credentials refer.
- The services are provided in Italian, German and English language.
- Only a single registration per user is available. Multiple registrations will be deleted from OZ.
- OZ reserves the right to refuse the registration of any user at its sole discretion. OZ also reserves the right to refuse to accept orders from anyone from whom orders are abnormal and/or to block the account of a user who acts in violation of these General Conditions or applicable law.
- The user may at any time unsubscribe from OZ by sending an e-mail to email@example.com.
- PRE-CONTRACTUAL INFORMATION
- In compliance with Legislative Decree no. 70 of 9 April 2003, containing norms on electronic commerce, OZ informs the user that:
- in order to conclude the purchase contract of one or more products on the Site, the user must fill in an electronic order form and send it electronically to OZ, following the instructions that will appear from time to time on the Site and that will accompany the various phases of the purchase;
- the contract is concluded when OZ registers the order form, after verifying the correctness of the order and payment data,
- before proceeding with the transmission of the order form, the user may identify and correct any data entry errors by following the instructions indicated on the Site from time to time and which will accompany the various phases of the purchase; once the order form has been registered, OZ will send a confirmation e-mail to the e-mail address indicated by the user, containing a summary of the General Conditions, information regarding the characteristics of the product purchased, the detailed indication of the price, the means of payment used, the procedures for exercising the right of withdrawal, the shipping costs and any additional costs as well as the indication of the assistance service. It is recommended to keep the e-mail received as proof of purchase or to store it on a durable medium
- the order form will be stored in the OZ database for the time necessary to be processed and, in any case, in accordance with the law.
- TERMS AND CONDITIONS OF PURCHASE
- All prices indicated on the Site are expressed in Euro (€) and include VAT. The contribution to order processing and delivery costs is explicitly indicated and includes VAT. This amount will be highlighted separately on the order form prior to sending and on the order confirmation e-mail.
- The user will be charged the price of the product indicated on the Site at the time the order was sent by him/her.
- The products shall remain property of OZ until the user has paid the purchase price and costs.
- OZ will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional costs, as indicated in the order form.
- OZ reserves the right not to confirm orders from users with whom disputes are pending or in the case provided for in Art. 2.8.
- The products offered on the Site are limited in number and may be sold at discounted prices. It may therefore happen that the product ordered is no longer available after registration of the purchase order. In any case of unavailability of the product ordered, the user will be promptly informed by e-mail and the purchase order will be cancelled. If the payment has already been made, OZ will immediately refund the amount paid by the user, including contributions to the order processing and shipping costs, and in any case within thirty days from the day after the order was sent. The refund amount will be communicated by e-mail, and credited to the same means of payment used for the purchase or by bank transfer.
- OZ shall not be liable for any delays in credit which depend on the bank or the type of credit card used for the payment. In any case, the value date of the re-credited amount will be the same as the debit date.
- Deliveries are made in Italy, Germany, Austria, Belgium, the Netherlands and Denmark, to the postal address indicated by the user in the order form.
- Delivery times are those indicated in the purchase order and specified in the purchase order confirmation. In case of omitted indication of a specific delivery time, this will take place within thirty days from the one after the order has been sent.
- Once the products have been delivered to the carrier, an e-mail will be sent to the user to confirm the shipment. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays.
- In case of delivery impediments due to force majeure, OZ will contact the user by e-mail to inform him of the delay in delivery time. OZ shall not be held liable in any way for any delays due to third party events or force majeure.
- The delivery is considered completed when the product is made available to the user at the address specified in the order form.
- In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a postcard and/or send an email to certify the delivery attempt. The postcard will indicate the data that the user must use to contact the courier and make an appointment for the second delivery attempt. If this attempt is also unsuccessful, the purchased product will be returned to OZ. After thirty days from the date on which the product has been sent back to OZ, the contract will be considered terminated and the purchase order will be cancelled according to art. 1456 c.c. OZ will proceed with the refund of the amount paid by the user net of the costs of unsuccessful delivery of the product as well as the costs of returning the same to OZ and storage costs. The termination of the contract and the amount of the refund will be communicated to the user by e-mail. The refund amount will be credited to the means of payment used by the user for the purchase.
- If the packaging shows obvious signs of tampering or alteration, the user must mark it at the time of delivery by signing the appropriate Proof of Delivery (POD) document provided by the courier. In the event of failure to report as indicated above, the customer shall not be able to take recourse against OZ SpA, which shall not be held responsible for failure to communicate by signature with reservation.
- The user has the right to withdraw from the contract concluded with OZ, free of charge and without giving reasons, within 14 days from the day of acquisition of physical possession of the products purchased on the Site.
- In order to exercise the right of withdrawal, the user may notify OZ of his or her decision to withdraw from the contract through written and explicit notice, providing his or her references (name, surname, address and e-mail address), the dates of order and receipt of the products, the order number and the relative products purchased; for this purpose, the user may optionally use the standard withdrawal form, which is not compulsory, referred to in Annex I of Legislative Decree no. 21 of 21 February 2014. If the user chooses this option, the notice of withdrawal must be sent to OZ by e-mail to firstname.lastname@example.org or by post to
Via Monte Bianco 10
35018 San Martino di Lupari (PD)
7.3 The user must send the products purchased within 14 days from the date of communication of the withdrawal by using a carrier of his choice and at his own expense, to the following address:
Via Monte Bianco 10
35018 San Martino di Lupari (PD)
- The costs and risks associated with the return of the products shall be borne by the user.
- The products must be returned intact and suitably packaged, preferably in their original packaging, accompanied by any accessories. For any further information please contact email@example.com.
- Pursuant to Article 57, paragraph II, of the Consumer Code, the user is responsible for the decrease in the value of the products resulting from the handling of the products themselves other than that necessary to establish the nature, characteristics and functioning of the goods. In this case, OZ reserves the right to ask the user to refute the decrease in value found.
- In accordance with art. 56, paragraph III of the Consumer Code, only after the return of the product or only after having verified that the user has returned the goods, OZ will proceed, as soon as possible, to refund the user.
- The refund amount will be credited to the same means of payment used for the purchase, unless otherwise agreed with the user. The value date of the refunded amount will be the same as the debit.
- Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded in the event that the sale concerns made-to-measure or customized products or that by their nature cannot be returned or are liable to deteriorate or alter rapidly, or sealed goods that do not lend themselves to being returned for hygienic or health protection reasons and have been opened after delivery.
8.1 Payment for products purchased on the Site is made by means of Credit Cards whose payments will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) protocol with 128-bit encryption.
8.2 No charge will be made to the credit card used by the user for payment at the time the order is placed. The charge will only be made after (i) the details of the credit card used by the user for payment have been verified and (ii) the company issuing the credit card used by the user has issued the debit authorization.
- GUARANTEES AND NON-CONFORMITY OF PRODUCTS
9.1 The products offered on the Site conform to national and EU legislation in force in Italy.
9.2 The images and colours of the products published on the Site may differ from the real ones due to the local settings of the systems and/or the tools used to display them.
9.3 All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (“Legal Guarantee”). The Legal Guarantee is reserved for consumers.
9.4 In the event of a lack of conformity of the products purchased with respect to the description published on the Site, the user is entitled to repair or replace the product, at no additional cost, where this is possible in relation to the number of copies still available for sale and unless the replacement or repair would not be excessively onerous for the seller in view of the value that the goods would have, if there were no conformity defect, and the extent of such defect. Alternatively, the user is entitled to terminate the contract or reduce the price in accordance with the following provisions.
9.5 The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
9.6 Any lack of conformity which becomes apparent within six months of delivery of the product shall be presumed to have existed at that date, unless such a finding is incompatible with the nature of the product or the nature of the lack of conformity. In order to benefit from the Legal Guarantee, the user must therefore provide proof of the date of purchase and delivery of the goods.
9.7 In case of termination of the contract, OZ will refund the price paid by the user in addition to the shipping costs and any additional costs. In the event of a price reduction, OZ will return the amount of the reduction previously agreed with the user. In any case, the amount of the refund will be communicated to the user by e-mail and credited to the means of payment used by the user for the purchase. The user must agree with OZ Customer Service on the method of shipping the goods.
9.8 Products repaired, modified or in any way altered by the user are excluded from the Legal Guarantee. Are also excluded from the scope of application of the Legal Guarantee any failures, malfunctions or defects of any other kind caused by accidental events or by the user’s responsibility or by use of the product not in accordance with its intended use and/or with the provisions of the technical documentation attached to the product, if any, or in the instructions for use relating to the same.
9.9 Under no circumstances shall OZ be held liable for the non-fulfilment of any of its obligations under these General Conditions if the non-fulfilment is caused by unforeseeable circumstances and/or force majeure, including, by way of example, natural disasters, terrorist acts, network malfunctions and/or blackouts.
- OZ OBLIGATIONS AND RESPONSIBILITIES
10.1OZ undertakes to correct all errors in the description of the products offered on the Site, in the shortest possible time, from the moment of their notification. Such errors can be reported by contacting OZ Customer Service.
10.2 OZ shall not be liable in the event of damage of any kind resulting from the installation and/or use of the product in an improper manner and/or not in accordance with the instructions provided as well as in the event of damage resulting from unforeseeable circumstances or force majeure.
10.3 OZ shall not be liable in case of loss of revenues, profits, data or for any other indirect damage of any kind deriving from or connected to the contracts subject to the General Conditions.
10.4 Under no circumstances shall OZ be held liable for the non-fulfillment of any of its obligations deriving from contracts subject to the General Conditions in the event that the non-fulfillment is caused by chance and/or force majeure, including, by way of example, natural disasters, terrorist acts, network malfunctions and/or blackouts.
11. SERVICE SUSPENSION
11.1 OZ reserves the right to temporarily suspend, without prior notice, the supply of the Site and services for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the same services.
11.2 OZ may, at any time, interrupt the provision of the service if motivated security reasons or breaches of confidentiality occur, in this case by giving notice to the user.
12. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
12.1 The contents of OZ on the Site, such as, by way of example, works, sounds and videos, images, photographs, dialogues, music, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, the graphics, colours, patterns, tools, fonts and design of the website, diagrams, layouts, methods, processes, functions and software, are protected by copyright and all other intellectual property rights of OZ and other rights holders. The reproduction, modification, duplication, copying, distribution, sale or in any case exploitation of the images and contents of the Website is forbidden unless previously authorized in writing by OZ. It is also forbidden to use the contents of the Site for commercial and/or advertising purposes.
12.2 All other distinctive signs that distinguish the products/services published on the Site are registered trademarks of OZ and/or used by OZ under license, for the sole purpose of distinguishing, describing and advertising the products/services published/sold on the Site.
12.3 Any use of the above mentioned distinctive signs not in accordance with the law and as unauthorized is prohibited. It is in no way permitted to use any distinctive sign on the Site to take undue advantage of their distinctive character or reputation or in such a way as to prejudice them and their owners.
12.4 Under no circumstances may the user alter, change, modify or adapt the Site or the material made available by OZ. The Site is offered as is. Commercial use of the Site’s software is strictly prohibited. The User may not circumvent the technical limitations in the software; translate, reverse engineer, decompile or disassemble the software, or attempt to trace the source code of the Software or create derivative works based on the software, publish the software to allow others to duplicate it, or grant a lease, sub-license, lease or loan of the Software.
13.1 The Site is provided as is, without any guarantee of result. OZ is in no way responsible for any interruptions in the supply of the Site due to causes not directly attributable to it and/or which are beyond its technical control, such as malfunctions in the telematic or telephone network.
13.2 OZ reserves the right to modify, suspend and/or interrupt, at any time in whole or in part, at its sole discretion, even definitively, the provision of the Site, without prior notice and without this entailing any obligation of compensation and/or reimbursement on the part of OZ.
13.3 OZ does not recognize any guarantee beyond what is granted by these General Conditions: it is understood that the User will use the Site under his full and exclusive responsibility and that use of the Site must comply with all instructions provided by OZ.
13.4 The User is authorized to use the Site exclusively for personal use, not collectively or for profit, and assumes full responsibility for any unauthorized use.
13.5 OZ does not by any means guarantee the accuracy and/or topicality of the contents of the Site. OZ cannot be held liable for any damage that may be caused to users as a result of the use of the information and contents included in the Site.
13.6 OZ shall not be held liable for any abuse committed by users or of which they are victims as a result of the behavior of third parties, whether or not in violation of the General Conditions.
14. FINAL PROVISIONS, APPLICABLE LAW AND JURISDICTION
14.1 The General Conditions are governed by Italian law.
14.2 For any dispute concerning the General Conditions, the Court of the place indicated by the consumer user as his residence or domicile, if located in the territory of the Italian State, shall have jurisdiction.
14.3 In accordance with Art. 14 of the Regulation 524/2013, the user is informed that in the event of a dispute he may lodge a complaint via the ODR platform of the European Union which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court. To this end, please note the e-mail address firstname.lastname@example.org.