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GENERAL CONDITIONS OF SALE – BLACK WEEK
The offer and sale of products made on the website https://airoh.com , in reference to the promotion called “BLACK WEEK” are governed by these General Conditions.
The Customer is required, before submitting his/her purchase order, to carefully read these general conditions of sale, the order form, the information relating to the right of withdrawal and our Privacy Policy relating to the processing of personal data dedicated to the e-commerce service.
1. SUBJECT, SELLER AND CONSUMER
1.1 These General Conditions of Sale have as their object only and exclusively the sale of products relating to the promotion called “BLACK WEEK”, carried out online via the e-commerce service on the site https://airoh.com
1.2 The products purchased on the site https://airoh.com relating to the promotion called “BLACK WEEK” are sold directly by Locatelli S.p.A., tax code/VAT number 02582780165, with headquarters in Via Resistenza, 5/A - 24030 Almenno San Bartolomeo (BG) E-Mail: info@airoh.com , Customer Service telephone number +39 035 553101 (the Seller). The products sold on the site can be purchased and delivered exclusively in the countries indicated in the Order Form. Any orders for shipments to be made outside of these countries will be automatically rejected during the order processing procedure.
1.3 The Seller carries out its e-commerce activity exclusively towards its end-user customers as identified by the data entered when completing and sending the order form in electronic format who have reached the age of majority and who are "consumers" (the Customer or the Consumer). Consumer means any natural person who acts on the Site for purposes not related to a commercial, entrepreneurial or professional activity, possibly carried out to the exclusion of subjects such as traders, wholesalers, retailers, professionals.
1.4 The non-Consumer customer is invited to refrain from concluding commercial transactions on the Site and, in any case, the Seller reserves the right not to follow up on orders from subjects other than the Consumer or in any case on orders that do not comply with its commercial policy, such as, for example, order proposals for which there is a report, or suspicion, of fraudulent or illegal activity. In such cases, the Seller will inform the user of the non-acceptance of the order proposal.
1.5 The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Customer to formulate a contractual purchase proposal and not an offer to the public.
2. SALE THROUGH ELECTRONIC COMMERCE SERVICE
2.1 Online sales contract means the remote contract for the sale of movable goods (the Products) stipulated between the Customer and the Seller (jointly the Parties), within the scope of an electronic commerce service organized by the Seller who, for this purpose, uses the remote communication technology called Internet.
2.2 The Customer may place an order and complete the purchase according to the following methods and upon completion of these phases:
– consultation and verification of the characteristics of the Product as described on the Site and in the relevant Product sheet;
– selection of the Product to be purchased, with the warning that in the scope of the promotion called “BLACK WEEK” only products with the BLACK FRIDAY label may be purchased;
– insertion of the Product to be purchased in the cart (“Add to cart” button);
– filling in the appropriate Order Form, which contains a reference to these General Conditions of Sale; information and images of the Product and its price; the means of payment that may be used; the delivery methods of the purchased Products and the related shipping and delivery costs;
- before proceeding with the transmission of the Order Form by pressing the “Confirm Order” button, the Customer is warned that forwarding the order implies the obligation to pay the indicated price and the Seller provides a summary of the order including the
commercial and contractual conditions that will apply to the purchase order proposal for the products, inviting the Customer to read and accept these General Conditions of Sale including the information on the Right of Withdrawal and the dedicated Privacy Policy, as well as a summary of the information on the essential characteristics of the product ordered with the relative price (including all applicable taxes or duties), the means of payment that can be used for the purchase, the delivery methods of the purchased products, shipping and delivery costs; as well as the references, geographical address and contact methods of the Seller and the date by which the Seller, once the order has been accepted, undertakes to deliver the goods. The existence of the legal guarantee of conformity of the products will also be indicated and the contact details of the customer service will be provided; finally, we will remind the Customer of the possibility of using the independent and institutional conciliation service, c.d. “RisolviOnline”, provided by the Arbitration Chamber of the Chamber of Commerce of Milan as well as the possibility of using the platform for the alternative extra-judicial resolution of disputes, accessible on the site http://ec.europa.eu/odr, made available by the European Commission;
- before transmitting the order, the Customer is also advised that it will not be possible to make any changes and/or additions to the data entered and to the order itself;
- after transmitting the order, payment of the price (in addition to the charges specified in the order summary), following the instructions received.
2.3 By transmitting the order form, the Customer confirms that he/she is aware of the dedicated Privacy Policy and accepts these General Conditions of Sale including the general conditions of use of the site.
3. ORDER EVASION
3.1 Correct receipt of the order will be confirmed by the Seller by means of an e-mail response from the address support@airoh.com with the receipt of the purchase order, sent to the e-mail address communicated by the Customer. This confirmation message will contain the date and details of the order (information relating to the essential characteristics of the Product, detailed indication of the price, means of payment and all delivery costs), a 'Customer order number' to be used in the event of any communication with the Seller, the link to the general conditions of sale and the information on the right of withdrawal. The message will contain all the data entered by the Customer who undertakes to verify its accuracy and to promptly communicate any corrections, according to the methods indicated on the Site. The Seller reserves the right, before sending the order confirmation, to request further information from the Customer via email with reference to the purchase order made on the Site.
3.2 The Seller may not process purchase orders that do not provide sufficient guarantees of payment or that are incomplete or incorrect or in the event of unavailability of the products or if they come from a Customer with whom there is an ongoing dispute and/or a complaint relating to a previous order. In these cases, the Seller will inform by email that the contract has not been concluded and that the Seller has not followed up on the order, indicating the reasons. In this case, the sum previously committed to the Customer's payment method will be released.
3.3 Except as provided in the following article, the Seller, at the time of shipment of the Product, will send the customer a communication by email confirming shipment, containing the tracking number of the shipment, which will allow the Customer to trace its path.
4. PAYMENTS
4.1 Payment for the Product purchased by the Customer and the related delivery costs may be made using one of the methods provided on the Site (Credit card via Stripe circuit, Paypal).
4.2 At no time during the purchase procedure is the Seller able to know the information relating to the Customer's credit card, transmitted via a protected and encrypted connection directly to the site of the banking institution that manages the transaction. No computer archive of the Seller will process or store such data. In no case can the Seller therefore be held responsible for any fraudulent or improper use of credit cards by third parties, when paying for Products purchased on the Site.
4.3 The sales prices of the products are net of any customs fees. The related costs will be borne by the Customer.
If for any reason the Customer does not collect the goods sent, the Seller will retain a sum equal to 70% of the cost of the helmet and the transport costs.
5. DELIVERY METHODS
5.1 The delivery of the Product purchased by the Customer will be carried out by the Seller to the address indicated by the Customer.
Each shipment contains:
- the Product ordered;
- the relevant invoice issued by the Seller
5.2 The Seller ships the Products to the Customer with selected express couriers. Indicatively - but in any case, without this entailing any constraint for the Seller and without prejudice to (a) the actual availability of the Product; (b) the periods of closure of the logistics warehouse for inventory/security checks or the periods of closure of the logistics warehouse on Italian national holidays; (c) the occurrence of any causes of force majeure (e.g. epidemics, earthquakes, wars, natural disasters, Schengen suspension, strikes, etc.).
The ordered Product will be delivered by the Seller to the selected courier within 30 (thirty) working days following acceptance of the order. In any case, delivery will be made within a maximum of 45 (forty-five) days from the day following the day on which the Customer sent the order.
In the event of unavailability of the Product, subsequent to the confirmation of the order, the Seller will promptly inform the Customer and will immediately refund the price paid by the latter.
5.3 Upon receipt of the Product at his/her home, the Customer must verify the integrity of the packaging and the product as well as its qualitative correspondence with what was ordered. In the event of discrepancies and/or differences, the Customer will be responsible for having the courier point them out and note them down exactly, and if the packaging or wrapping of the Product ordered by the Customer should arrive at its destination clearly damaged, the Customer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation". The purchased Product will be delivered by the courier appointed by the Seller to the shipping address indicated by the Customer.
6. WARRANTY AGAINST DEFECTS OF CONFORMITY
6.1 Upon delivery, the Product must be checked by the Customer to ensure that it corresponds to the item ordered and that it does not present defects of conformity. All products sold by the Seller are covered by the legal guarantee of twenty-four (24) months for defects of conformity, in accordance with the applicable law (articles 129 and following of the Consumer Code). The lack of conformity of the Product must be communicated to the Seller within two (2) months of its discovery.
6.2 The lack of conformity can be communicated to the Seller by contacting Customer Service. In the event of a lack of conformity, the Customer has the right to request the repair or replacement of the Product. In the event that the aforementioned remedies are not possible or are excessively onerous, the Customer will be entitled to a reduction in the price paid or to the termination of the sales contract, pursuant to art. 130 of the Consumer Code.
All return costs for products that present defects of conformity will be borne by the Seller.
6.3 The Seller guarantees to the Customer that the Products comply with the descriptions published on the Site. This guarantee will apply to the Product that presents defects of conformity and/or malfunctions not detectable at the time of purchase, provided that the Product itself has been used correctly and with due diligence and that is in compliance with its intended use and with what is provided in any technical documentation, with observance of the various operating standards indicated therein. The aforementioned guarantee will not be applicable in the event of negligence or carelessness in the use and maintenance of the Product.
6.4 The guarantee is personal and will therefore apply only to the original purchaser, being reserved exclusively for the Seller's Customers who qualify as Consumers.
7. RIGHT OF WITHDRAWAL
7.1 Pursuant to the Consumer Code, the Customer, as a “consumer”, has the right to withdraw from the purchase without any penalty and without specifying the reason within 14 working days from the order confirmation.
7.2 The Customer must send the communication using the appropriate online form available in the appropriate section, selecting the “withdrawal” option, to the address support@airoh.com
The Customer also has the right to submit any other explicit declaration of his decision to withdraw from the contract.
7.3 The Customer will promptly receive confirmation by email of the receipt of the Form (or declaration).
7.4 The right of withdrawal applies to the Product in its entirety and not to parts or components of it. In the event that the Product sold has been made to measure or clearly personalized for the Customer, the latter will not have any right of withdrawal.
8. PRODUCT EXCHANGE
8.1 Given the exceptional nature of the promotion called “BLACK WEEK”, the Customer does not have the possibility of exchanging the purchased product for another of a different size and/or colour.
9. ECE 22-06 APPROVAL
Our helmets are ECE 22-06 approved, unless otherwise specifically indicated, and their use is therefore permitted on the road exclusively in countries that have officially implemented or accept this Regulation as a reference standard.
However, it remains the customer's responsibility to check that the helmets can be used in compliance with the laws in force in the country of use for road circulation or in compliance with specific sports regulations if used on the track.
By purchasing the Product, the Customer simultaneously declares to have fully understood the limit of use indicated above and to expressly release Locatelli S.p.A. from any liability deriving from use in conditions other than those envisaged with the specific approval.
10. PRIVACY
Information on how the Customer's personal data is processed is published in the Privacy section of the Site dedicated to the e-commerce service.
11. APPLICABLE LAW AND DISPUTE RESOLUTION
11.1 The sales contract between the Seller and the Customer concluded through the acceptance of any order placed through the Site is governed by Italian law, in particular by the Consumer Code and Legislative Decree 70/2003 on certain aspects of electronic commerce, and by these General Conditions of Sale, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980 in the case of international sales.
11.2 In the event of disputes between the Seller and each Customer regarding an online purchase of Products, the Seller guarantees full adhesion and acceptance of the RisolviOnline conciliation service. RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which allows you to reach a satisfactory agreement, with the help of a neutral and competent conciliator, on the Internet. For more information on the RisolviOnline regulations or to send a conciliation request, access RisolviOnline.com.
We also inform you that the European Commission provides a platform for alternative extra-judicial resolution of disputes, accessible on the website http://ec.europa.eu/odr.
11.3 For all disputes relating to purchases and/or the interpretation of these General Conditions of Sale, the Court of the place of domicile or residence of the consumer will be competent according to the applicable law or, at the consumer's choice, the Court of Milan.
12. MODIFICATION AND UPDATE
12.1 These General Conditions of Sale are periodically modified by the Seller also in consideration of any regulatory changes.
The new General Conditions of Sale will be effective from the date of publication on the Site.