TERMS AND CONDITIONS
Welcome to http://www.premier.it – http://www.premier.it/shop/, the official online shop of Premier Helmets P.M.R. S.R.L.
- a) The Products here on sale are distributed by Premier Helmets P.M.R. S.R.L.
- b) Preconditions are essential parts completing the relationship between Premier Helmets P.M.R. S.R.L. and the Costumer: every purchase of Products on sale on this website is regulated by the following
General Terms and Conditions
Art.1 – DEFINITIONS
1.1. The term “Site” refers to the internet site http://www.premier.it/shop/, dedicated to the sale of motorcycle helmets made by Premier Helmets P.M.R. S.R.L.
1.2. The term “Customer” refers to the person (either natural or legal person) that makes a purchase on the Site, in compliance with the following general sale conditions.
1.3. “P.M.R.” means “Premier Helmets P.M.R. S.R.L.”, located in
Legal head Office: Via T. Bandettini, 529 – 55100 Lucca (LU)
Administrative Offices and Warehouse Store: Località Zinepri – Zona Industriale s.n.c. – 55027 Gallicano (LU) – Tel.: 0583/730310 – Fax: 0583/730312 – P.IVA e C.F. 01743830463 , company registered by the C.C.I.A.A. of Lucca, with n. LU-168078 of the Companies Registration List ; pec /certified e-mail : firstname.lastname@example.org
1.4. The term “Order” refers to the request’s form of the Products (as defined below) on sale, filled in by the Customer on the Site.
1.5. The term “Products” refers to the goods on sale on the Site according to the following general sale conditions.
1.6. The term “Customized Products” refers to the goods that are customized at the Customer’s request.
1.7. The term “Price” refers to the amount to be paid by the Customer for the Products purchased on the Site.
1.8. The term “Contract” refers to the remote sale contract, whose object is the sale of the Products according to the following general sale conditions.
1.9. The term “Parties” refers to P.M.R. and the Customer.
Art. 2 – PROCESS OF ENTERING INTO THE CONTRACT
2.1. Products are sold according to the terms and conditions provided by the contract published on the Site when making the order.
The Seller can modify these general terms of sale without giving any prior notice to the Customer. Any change will be effective starting from the date of its publication on the Site and every contract will be considered entered into at the price in force at the order’s receipt.
Prices and Products may vary, without notice.
Before sending the order, the Consumer needs to verify Terms and Conditions and all the informations related to Products.
2.2. The shop on line and the site are dedicated to retail; must be intended for the exclusive use of Costumers, as defined.
If, however, the purchase of the Products should be carried out by a subject not qualified as a Consumer, these terms and conditions of sale will in any case find application but, by way of exception to the provisions generally contained therein:
- a) The purchaser may not benefit from the legal guarantee of conformity on the Products here below indicated;
- b) The purchaser will not be given the right to withdraw pursuant to art. below;
- c) The purchaser will not be recognised the conditions under this contract for the exclusive benefit of the Consumer as required by the mandatory provisions of law.
2.3. In order to make purchases through the Site the legal capacity to act and the legal age (18 years) are required, that the Consumer declares they possess.
2.4. To finalise the purchase, the Customer must follow these simple steps:
- I) to select the Product and to click on the button “to buy”: at this step, the summary of the main Product’s features and the total Price, including the shipping cost (except possible customs duties, if applicable) and the taxes, will appear.
- II) to click on the button “Proceed to pay” and to fill in the request’s form (“Order”), by stating the preferred payment modality; before going on to the next step, the Customer shall verify that the data he/she provided are correct. The Customer is responsible for the truthfulness of the data he/she provided.
III) to read the Contract’s general terms and conditions, by clicking on the relevant button, and accept them by flagging the box close to the wording “Accept Terms and Conditions”.
- IV) to click on the button:
– “to pay using PayPal”: the Customer will proceed immediately paying using Paypal;
– “to pay by Bank Transfer”: the Customer will receive by email P.M.R.’s data-bank.
2.5. After that, once the purchase is completed, the Customer will receive a confirmation of the order, which will point out: the type of purchased Products, the Price of each Product, the applicable taxes, the shipping cost and the chosen payment modality; the right of withdrawal (please refer to the following Art. 8) – which can be exercised provided that the relevant conditions necessary are met – will also be specified.
2.6. The Contract is concluded and binding upon both Parties when the order confirmation is issued by P.M.R. and provided to the e-mail address indicated by the Customer upon the registration to the Site; then, payment and delivery will come after.
2.7. The Contract will be filed at discretion for the Customer’s records.
2.8. The fulfilment and supply of customized Products proposed on the Site is subject to a specific request by the Customer, which must be submitted based on information on the Site. This kind of Products shall be paid in advance and the Customer is not entitled to withdraw from the purchase Contract.
2.9.The Contract will be defined also in English language, upon Customer’s request; however, the official one is only the Italian language.
2.10. The Products are sold with the characteristics described on the site and under the terms and conditions of sale posted on the Site at the time of sending of the order by the consumer, with the exclusion of any other condition or term.
2.11. The presentation of Products on the site, not binding on the seller, is a simple invitation to the consumer to formulate a proposed purchase contract proposal and not an offer to the public.
2.12. The purchase order sent by the Consumer to the Seller through the Site has the value of irrevocable contract proposal for 48 (fortyeight) hours from its receipt by the Seller and is subject to these general terms and conditions, which are an integral part of the same order and that the consumer must accept fully and without any reservation.
Before being able to send a purchase order of the Products, through the procedure established on the site, the consumer will therefore be requested to read the terms and conditions of sale and the information on the right of withdrawal and to expressly accept these terms and conditions of sale.
The consumer is invited to print out a copy of these terms and conditions of sale via the relevant print command and/or to save a copy on a durable medium of their choice.
Before definitive sending of the purchase order, the consumer is required to check the data included in the order, that they may modify or be able to correct any errors of entering.
2.13. No different Orders are allowed: only as defined by “Terms and Conditions”.
Art. 3 – DELIVERY TIME AND TERMS
3.1. P.M.R. will arrange the delivery by courier of all ordered Products to the address specified in the Customer’s order.
3.2. The Products’ delivery will take place within 2 (two) – 5 (five) working days starting from P.M.R.’s payment receiving.
The delivery dates indicated on the Site are merely approximate and not binding upon P.M.R. : the Customer can have informations by e-mail to email@example.com .
At any rate, the delivery will take place at the latest within 30 days from the payment.
3.3. In the event of missed Product’s delivery within the agreed time limit (30 days), the Customer must exhort P.M.R.to finalise the delivery within an appropriate additional time and will be entitled to terminate the contract should such additional time expire without the delivery being finalised.
3.4. Should one or more Products be out of stock after the order being made, P.M.R. will inform the Customer by e-mail and will carry out the delivery of the other Products ordered by the Customer. The partial delivery of the ordered Products will still be valid and the Customer will not be entitled to either refuse the delivery or the payment for the delivered Products, or claim compensation. The Customer will only be entitled to receive the full refund of the lacking Product or Products’ Price, in case of advance payment.
3.5. Transportation fees amount to:
In Italy: tot. Euro 9,00;
Other Countries: tot. Euro 25,00.
3.6. As it concerns Italian Shipments, P.M.R. will arrange the delivery generally by the courier “BRT Spa Corriere Espresso” ; P.M.R. could arrange a different currier as it concerns delivery to other Country.
Art. 4 – REGISTRATION
4.1. When the Customer will click “Login”, he will open a page reserved to registration: Customer will find the button “Enroll now”. The Customer will insert his name, surname and e-mail; then click the button “Enroll now”.
As the Customer decide to register an account, he will receive a generic password. The password may changed immediately through the link pointed out in the confirmation e-mail.
Registration is free, fast and does not entail any purchase obligation; registration is used only for the shipping and the orders. The Customer just registered, will utilize his account to monitor orders.
The Customer is responsible for providing complete, correct and true data relating to personal information, personal address and, in general terms, all other information useful to fulfil the order.
4.2. The Customer is responsible for keeping a copy of the purchase order confirmation, sent by P.M.R. to the e-mail address provided by the Customer during the registration on the Site.
Art. 5 – PRICE AND PAYMENT
5.1. Prices are expressed in Euros (€) – the conversion into different currencies is purely approximate. Prices include the VAT (Value Added Tax) in force at the time of the order and it varies according to the different type of Products.
5.2. At order confirmation, P.M.R. will ask Customer’s correct address and necessary elements to delivery and to invoice.
The ensuing total Price at the end of the purchase procedure is inclusive of transport charges, but it does not include custom duties and possible additional charges on the sale price, necessary to import the Products in a foreign country. Any supplementary charges relating to clearance procedures shall be paid exclusively by the receiving party.
5.3. Payment will have to be made in full:
– for credit card and PayPal payments, when placing the order on the Site
– for “bank transfer” payments, as indicated.
5.4. Invoice request must be underlined in the Order.
The Customer need to specify by e-mail to firstname.lastname@example.org:
– Order’s number
– personal datas
– address and e-mail
– C.F. / P.I.V.A.
Invoice will be immediately send to the Customer by mail.
Art. 6 – FORCE MAJEURE
6.1. In case of impossibility to perform the Contract, in whole or in part, for the Product’s unavailability or due to force majeure, P.M.R. will inform the Customer by e-mail within 30 days from the order submission day and will not be liable vis-à-vis the Customer, except for the refund of the amounts that were already paid by the Customer.
Art. 7 – COPYRIGHT AND TRADEMARKS
7.1. The Contract does not award to the Customer any right about trademarks, logos, and/or other distinctive marks of any kind used in or displayed on the Site pages, or about the relevant contents.
Trademarks, logos and other distinguishing marks of any kind used in the site pages belong to their respective owners.
It is forbidden to unauthorized third parties to use trademarks, logos and other distinctive marks of this site, including their reproduction on other internet sites.
Contents, such as information, texts, graphics and images contained in this site are protected by copyright; accordingly, any copy and reprint of any images displayed on this site without the prior written authorization of P.M.R. is forbidden.
Art. 8 – WITHDRAWAL RIGHT
8.1. According to art. 52 and following of the Italian Legislative Decree n.21/2014, the Customer-Consumer is entitled to terminate the Contract, without any liability and without specifying the reason thereof, by and not later than 14 days from the Product’s receipt (or in case of numerous Products being purchased with a sole order and being delivered separately, the Customer’s termination right will run from receipt of the last ordered Product).
8.2 To enforce the right of withdrawal, within the deadline stated in the previous point 8.1, the Customer must inform P.M.R. about his intention to withdraw by submitting any other explication about his choice of terminating the Contract; form and/or declaration must be sent to P.M.R. offices “Premier Helmets P.M.R. S.R.L.” ,Uffici Amministrativi e Commerciali, Centro Logistico e Magazzino: Località Zinepri – Zona Industriale s.n.c. – 55027 Gallicano (LU), or by e-mail (email@example.com), or by fax (n. +39 0583 730312), within 14 days from the Product’s receipt; the Customer need to complete the rendering form that he can find in the section “Termination” on the site http://www.premier.it and named “rendering form”.
-Products mustn’t be used;
-Products need to have original labels;
– Products need to be the same as they were at delivery.
8.3. In case of enforcement of the withdrawal right, the Customer must return to P.M.R. the Products he had received, by posting such Products at P.M.R. offices “Premier Helmets P.M.R. S.R.L.” ,Uffici Amministrativi e Commerciali, Centro Logistico e Magazzino: Località Zinepri – Zona Industriale s.n.c. – 55027 Gallicano (LU), without improper delay and in any case within 14 days following his written communication to P.M.R. about his choice to terminate the Contract; the time limit is respected if the Customer returns the Products before the above-mentioned deadline of 14 days.
8.4. The direct cost for returning the Products shall be borne by the Customer.
8.5. The Customer must return the Products in a good preservation state, without removing the original labels. The returned items must be accurately packed in order to protect the original covers from any damage, writing or labelling. The Customer is liable for the value’s decrease of the Products deriving from a handling other than the one needed for establishing its nature, features and working.
8.6. If the withdrawal right is exercised in accordance with the above-mentioned instructions, P.M.R. will pay back – within 15 days from receipt of the withdrawal communication – the whole Price received by the Customer, only with respect to the order to which the withdrawal relates. P.M.R. will use the same payment modality used by the Customer for the purchase, provided that no further costs for the refund are entailed. However, under art. 56, paragraph III, of the Italian
Legislative Decree. n. 21/2014, P.M.R. can withhold the refund if either the Products arrive or the Customer proves that he returned the Products, depending on what situation occurs first.
8.7. In the event of a mistake in the shipment, due to P.M.R., P.M.R. will send a courier to the Customer for the withdrawal of the product and its new delivery, which will take place within 15 working days from returned goods in P.M.R.
In the event that no mistakes have been reported by P.M.R. , the delivery of the product will be on responsibility of the Customer.
The courier usually used in Italy is BRT SPA Corriere Espresso. If Customer wants to use a different courier, for ordinary delivery, he need to underline it to P.M.R. by e-mail or fax.
8.8. The withdrawal right may be exercised by the natural person, who acts for purposes that do not fall within and may are not related to his/her business, commercial, handcrafted or professional activity. Accordingly, the withdrawal right does not apply in connection with purchases carried out by retailers and/or companies.
8.9. The withdrawal right is also excluded, under the art. 59 Legislative Decree. n. 21/2014, in the event of supply of customized Products (see previous art. 2.6.), as well as sealed Products which are not suitable to be returned for sanitary reasons or related to the health’s protection, and/or which have been opened after the relevant delivery; as well as in case of audio or video recordings, which have been opened after the delivery.
8.10. No replacements or refunds are possible for customized Products (clothing with specific name /or number or initials, except if with defects or damaged); for underwear and swimsuits. Discounted Products (clearance or special promotions) are not refundable; a replacement of the item or a voucher of the same value to be spent on the next purchase are granted.
Art.9 – RIGHTS OF THE CUSTOMER IN CASE OF NON-STANDARD PRODUCTS
9.1. If the Customer is a Consumer and complaints defects of the Product, he may ask for either the free restoration or the replacement of the Product, provided that its replacement is possible and not extremely costly. Should the foregoing options not be possible or extremely costly, the Customer may either ask for a congrous reduction of the Price or terminate the Contract.
The termination is however excluded in case of minor complaints.
9.2. Following the Customer’s notification, P.M.R. will arrange for a pick-up of the Product at the Customer’s address within a congruous time limit and, upon a check of the defect, for a replacement of the same or – if the conditions necessary are met – for the partial or full refund of the Price. At any rate, P.M.R. can try to find a different solution, as for example the replacement of the Product with a different one but of equivalent value, to be chosen among the Products displayed on the Site, or the release of a voucher equivalent to the amount paid by the Customer, to be spent later on by the latter by contacting the Customer Service (firstname.lastname@example.org); if the Customer accepts, P.M.R. will provide for the proposed solution to be fulfilled.
Art. 10 – PRIVACY
10.1. The data provided by the Customer and necessary for the duly fulfillment of the Contract will be processed in compliance with the provision of the 2003 Legislative Decree n. 196 regarding “Personal Data Protection”. For further information, please see the “Privacy” section.
Art. 11 – COMMUNICATIONS
11.1. All communications between the Parties shall be made in writing and provided to the address of the other party indicated in the Contract, as regards P.M.R., and in the order, as regards the Customer.
11.2. All communications sent to the e-mail address of the other party, as above-mentioned, will be considered effectively sent in writing.
Art. 12 – LEGAL GUARANTEE OF CONFORMITY
12.1. Pursuant to and for the purposes of the European Directive 44/99/EC and of the articles. 128 et seq. of Italian Legislative Decree no. 206/2005 (Consumer Code), the Products purchased by the consumer are covered by the legal guarantee of conformity, which covers the lack of conformity of
Products for a maximum period of twenty four (24) months from delivery to the Consumer of the Products.
The legal guarantee of conformity allows the consumer, in the event of lack of conformity of the Product, to obtain, by applying directly to the Seller, in a reasonable amount of time considering the nature of the Product, repair or replacement of the Product (to the extent possible) or alternatively to request a price reduction or termination of the contract.
The application of any guarantee is not available in case of use or washing of the Products that is incompatible with the nature of the Products or indicated in the relevant instructions/warnings supplied by the Seller and/or by P.M.R., or reported in the reference explanatory documents, on the tags or on the labels attached to these same Products.
With the risk of invalidation of this legal guarantee of conformity, the consumer is obliged to report any defects of compliance providing to the Seller, by e-mail at the address email@example.com, with indication of the defect and/or of the non-compliance identified and the relevant documentation.
Following receipt of the report and of the related documents, the Seller will evaluate the defects and instances of non-compliance reported by the Consumer and, after carrying out the checks aimed at verifying the non-conformity of the Product, will decide whether to authorise return of the Products, providing the consumer with feedback by e-mail to the address provided by the latter during the registration process on the Site or in the process of transmission of the order and the instructions for re-shipping of the Product. Authorisation to return the Products will in no way constitute recognition of defects or non-compliance, the existence of which will be determined after the return.
In case of non-conformity of the Product, the Seller will refund the Consumer the costs incurred for the return of the non-compliant Product and, at no cost to the consumer, will repair the Product or replace it with a new Product at the discretion of the Seller; in the latter case, the non-compliant or replaced Product will remain the property of the Seller. In the event that the Product cannot be replaced or repaired, the Seller will refund the Consumer the price paid for the Product by bank Transfer. It will be the responsibility of the Consumer to communicate to the Seller, again via e-mail to the address firstname.lastname@example.org, the bank details to make the transfer in its favour and to ensure that the Seller is in a condition to return the amount due.
12.2. The legal guarantee provided for in this article, in any case given to the consumer by the Seller, can be accompanied and supplemented by an additional and independent standard warranty provided by the manufacturer of the Product purchased, governed according to the specific additional conditions attached and enclosed in the package of the same Product that will be delivered to the Consumer.
Art. 13 – APPLICABLE LAW AND JURISDICTION
13.1. The parties, by contracting under the previous Art. 2, agree that the Contract will be governed by and interpreted according to Italian law. The Parties acknowledge that the application to this Contract of the United Nations Agreement on the contracts for the International Sale of Goods is expressly excluded.
13.2. For any dispute concerning to the validity, fulfillment or interpretation of the Contract, or relating thereto, the Competent Court will be:
- a) the Customer’s place of residence court, if the Customer is a consumer and has the residence or the domicile in Italy
- b) in any other case, exclusively the Court of Lucca, Italy.
Premier Helmets P.M.R. S.R.L.