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Essemoto di Sanfratello Andrea with registered office in Figino Serenza, Via Crocifisso 17, 22060 (CO) - IT, REA number CO-313417 cod. tax SNFNDR89A31E063V, VAT no. 03414020135 makes available to all users the opportunity to purchase the products on the '' Website 'via Internet, delivering all purchases through National and International Shipping Agents to all EU member states
These general conditions of sale ("General Conditions") are governed by the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments) and by the rules on electronic commerce (Legislative Decree No. 70/2003 and smi) and apply exclusively to the distance sale via the web of the Products shown on the website www.essemoto.it, where the "Add to Cart" button is present. In case of variations of the General Conditions, to the purchase order, as specified in the following articles 3 and 4 of these General Conditions (hereinafter "Purchase Order") will apply the General Conditions published on the Site at the time of sending the Order by the Customer
The Products and the Services with the relative Prices as present on the Site constitute an offer to the public according to the methods specified in the General Conditions and on the Site itself. The Conditions of this offer apply only to purchases made on the Website indicated above.
All Product Prices indicated on the Website include VAT. Delivery costs are charged to the Customer and duly detailed in the Purchase Order.
Purchase Orders must be made on-line through the order process on the Site. In order to proceed with the completion of the Purchase Order, the Customer may, alternatively, follow the following procedures:
a) In the event that the Customer is already registered on the Site (hereinafter "Site User"), it will be sufficient to enter their login credentials (username and password) by entering them in the "Registered Customers" section.
b) In the event that the Customer is not a User of the Site, it will be sufficient to insert in the appropriate form the required data, necessary to make the Purchase, by accessing the "Buy as a Guest" section. ESSEMOTO reminds that the Customer, before proceeding with the Purchase can at any time become a User of the Site by making the related registration online through the "My profile" page.
The Customer successfully concludes the Order Procedure if the Site does not show any error message (the system can not detect errors in reference to the data entered by the Customer in the field dedicated to the addresses for billing and shipping). The Purchase Contract will be considered concluded between ESSEMOTO and the Customer at the time of receipt of the Order by ESSEMOTO. In this case, ESSEMOTO will acknowledge receipt of the Order by sending an e-mail confirming the order to the e-mail address communicated by the Customer. This Confirmation will summarize the Products selected, the relative prices (including delivery costs, the address for delivery, the order number, the General Conditions of Sale specified therein and any particular Conditions applicable to the individual Order and determined as a result of specific Customer requests ESSEMOTO reminds the Customer to verify with the utmost care and attention the correctness of the data contained in the Order Confirmation and to communicate to ESSEMOTO within 1 hour (one) hours of receipt of any corrections. Order, generated by the system and communicated by ESSEMOTO, must be used by the Customer in any communication with ESSEMOTO.It may occur occasional non-availability of the Products offered, in this case, if the Products chosen by the Customer are not, in whole or in part, available, ESSEMOTO will communicate it to the customer.
a. Paypal: payments are made directly on the PayPal site through encrypted pages thanks to the TLS (Transport Layer Security) protocol. ESSEMOTO does not under any circumstances access your account or other sensitive data. For payments made with Paypal, the shipment will be made to the address registered on PayPal
b. Credit Card: Secure payments by credit card: Discover, Carta Aura, Maestro, Visa, MasterCard, American Express, Paypal but without registration or PayPal account and without any surcharge.
c. Postepay recharge : Recharge your Postepay at any Post Office, Online or in a Sisal receiver. Payment must be made within 5 days from the order confirmation. It is advisable once you have recharged to indicate us by e-mail or Whatsapp the Order No. and Date / Time of the Transaction and / or receipt issued
d. Bank transfer: payment by SEPA European Wire Transfer inserting the Order Number / Order Reference as Reason only The order will be processed only after the full amount has been credited to our bank account,
e. Cash on delivery: payment of cash upon delivery of the package (bank checks are not accepted). Available only for deliveries on the national territory (Italy) Increase + € 4.99
ESSEMOTO will deliver the order relying on specialized carriers specially appointed by ESSEMOTO throughout the national territory and all EU member states. At the time of delivery, the presence of the Customer or of a trusted person is required to check that the packaging is intact and clean and that the Products received correspond to what is indicated on the Order. In case of visible defects, such as incorrect quantities and / or incorrect Product and non-integrity of the packaging, ESSEMOTO asks the Customer or the entrant of his confidence to report the aforementioned anomalies on the transport document directly to the deliverer accepting the shipment indicating '' Agree with Reserve '' and contact ESSEMOTO denouncing the incident
In the case of:
In order to have all the necessary information related to the costs of these additional services, the Customer may contact ESSEMOTO, before sending the Purchase Order, through the contact channels listed in the "Contact Us" section of the Website.
The Products purchased may remain in storage at the Carrier, at no additional cost, for a maximum of 15 (fifteen) days (calendar). After fifteen days of storage the shipment will be returned to the sender. The stock can have a maximum duration of 15 (fifteen) days (calendar). In case of non-collection of the Products by the Customer within the period specified above, the Order will be automatically canceled and ESSEMOTO will provide notice of cancellation to the Customer with reimbursement of the value of the Order itself reduced the costs of delivery and storage
Delivery costs are charged to the Customer and adequately highlighted and detailed in the Purchase Order and in the subsequent Order Confirmation.
If the non-consumer customer (Professional) wishes to cancel his order, he can cancel the order until the order is processed (preparation in progress), without additional costs. In this case, ESSEMOTO will reimburse the customer the full amount paid by repayment on the same channel used for payment. The cancellation of the order requested after any order is processed involves the receipt of the package by the customer and then proceed with the '' Right of Withdrawal ''
The images and technical information posted on the site are derived from the information published or received by the manufacturers of all the products included on the website, therefore, reserves the right to modify / adapt / update the technical and dimensional information of the products of the catalogs, based on what will be communicated by the producers, even without any prior notice. All products in the catalog are intended specifically for the indicated bike (make / model / year) where expressly indicated or in other cases they are compatible / adaptable / universal. The images published are for the sole purpose of representing the products, they are purely indicative and may vary in shades and shades of color and do not constitute a contractual obligation. The applications indicated refer to models for the Italian market
If the Customer is a "Consumer", as defined in Article 3 of the Consumer Code, he is entitled to the rights referred to in Article 52 et seq. of the Consumer Code, as amended by Legislative Decree 21/02/2014 n.21, and therefore the right to withdraw from the Purchase Contract (hereinafter "Right of Withdrawal") for any reason, without explanation and without any penalties, with the methods specified below. The Withdrawal may have as object all (Total Withdrawal) or only part (Partial Withdrawal) of the Products purchased by the Consumer. In the case of Products, the withdrawal period expires after 14 (fourteen) days from the day on which the Consumer or a third party, other than the Carrier and designated by the Consumer, acquires physical possession of the Product (s) Withdrawal "). The transport costs to exercise the right of withdrawal are charged to the customer
The Notice of Withdrawal can alternatively be sent by e-mail to the following address: email@example.com
NB: The Right of Withdrawal can not be applied to customized products
a) Legal guarantee for the Customer Consumer: The Consumer Customer (hereinafter, "Consumer"), as defined in art. 3 of the Consumer Code (hereinafter, "Consumer Code", Legislative Decree 6 September 2005, No. 206), has the right to make use of the legal guarantee provided by the Consumer Code itself to Articles 128 to 132. This Guarantee provides , inter alia, that the Consumer, under penalty of forfeiture, denounces to ESSEMOTO the possible conformity defect found by the Consumer in the product purchased within 2 (two) months from the discovery (Article 132, Consumer Code). Following this complaint, the Consumer will have the right to request the repair or replacement of the Product, without prejudice to other rights provided by law in favor of the Consumer. By virtue of the above legal guarantee, ESSEMOTO is responsible for any conformity defects that occur within 2 (two) years from the delivery of the product. Beyond this term, ESSEMOTO, therefore, will not be responsible for the conformity defects found by the Consumer. In case of replacement or repair of the Product, the terms of the warranty for the Product given as a replacement or resulting from the repair, are the same as the original product. Therefore, the two-year total duration of the legal guarantee will in any case start from the delivery of the original product. In order to take advantage of the guarantee, we recommend that you show the purchase document. In any case, reference is made to the regulation of the legal guarantee, to the rules of the Consumer Code referred to in articles 128 and following.
b) Legal guarantee for non-consumer customer (Professional): Professional Customer, as defined in art. 3 of the Consumer Code, has the right to use the legal guarantee provided for in the Civil Code. This Guarantee provides, inter alia, that the Customer is not Consumers, under penalty of forfeiture, denounces to ESSEMOTO any lack of conformity found in the product purchased within 8 (eight) days of discovery. The legal guarantee referred to above is valid for a maximum of 12 (twelve) months from the delivery of the product. Beyond this term, ESSEMOTO, therefore, will not be responsible for the conformity defects found by the non-consumer customer. In order to take advantage of the guarantee, we recommend that you show the purchase document.
Some products on our site are reserved exclusively for closed circuit competitions and / or competitions and may not be homologated for use on public roads and therefore do not comply with the highway code, with the exception of products explicitly described as homologated. use of products not intended for road use can be considered a crime punishable by law.
ESSEMOTO declines all responsibility for damages of any entity, material or physical, even to third parties, due to the application, use, incorrect or inappropriate fitting of all the items marketed. ESSEMOTO is not responsible for any damage or loss, direct and / or indirect, accidents, injuries, minor or serious injuries or deaths and anything else arising from the sale of goods and services offered and marketed. ESSEMOTO assumes no responsibility for delayed and / or non-delivery of the product, for the correspondence of goods to specifications published on the site, for any other fact not directly or indirectly attributable ESSEMOTO undertakes every day to verify the catalog and information techniques received from the manufacturers, we accept no responsibility for inaccuracies, variations in color or / and forms of the product
Any communication may be sent to ESSEMOTO using the contact channels listed in the "Contact Us" section of the Website.
Data protection has a particularly high priority for the management of this site. The use of Essemoto.it Internet pages is possible without any indication of personal data; however, if an interested party wishes to use special business services through our website, personal data may need to be processed.
Through this declaration on data protection, our company wishes to inform the general public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed by the present declaration on data protection of the rights to which they are entitled.
The Owner and Manager for the purposes of the General Data Protection Regulation (GDPR) applicable in the Member States of the European Union and other provisions relating to data protection is:Essemoto di Sanfratello Andrea
Any interested person can, at any time, directly contact our data protection officer with all questions and suggestions related to data protection.
The essemoto.it website collects a series of general data and information when a subject invokes the website, This data and general information are stored in the server's log files. The types of browsers and the versions used can be collected, the operating system, the website from which an access system reaches our website (so-called referrers), the sub-webs, the date and time of access to the Internet site, an Internet protocol address (IP address), the Internet service provider of the access system and any other similar data and information that may be used in the event of attacks on our computer systems.
When registering this type of data and general information, essemoto.it does not use it in any way for profiled marketing, this information is necessary to correctly provide the content of our website, optimize the content of our website and its advertising, ensuring the long-term viability of our IT systems and website technology and providing law enforcement authorities with the necessary information for prosecution in the event of a cyber attack. Therefore, essemoto.it statistically analyzes data and information collected anonymously, with the aim of increasing data protection and data security of our company and ensuring an optimal level of protection of personal data processed.
The data processing will be mainly carried out with the aid of electronic or automated tools, according to the methods and with suitable means to guarantee the security and confidentiality of the data. In particular, all technical, IT, organizational, logistical and procedural security measures will be taken, so that the minimum level of data protection required by law is guaranteed.
The personal data provided by the user, to ensure the correct performance of the service purchased, may be brought to the attention of or communicated to the following subjects:
All personal data submitted by users in connection with the registration to the Site and / or the purchase through the Website are not subject to disclosure. The updated list of data processors and data processors can be consulted at the offices of the Data Controllers.
Personal data will be kept only for the time necessary to guarantee the correct performance of the services offered. In case of closure of the site's account at the user's initiative, the data reported in it will be kept for administrative purposes for a period not exceeding one quarter, without prejudice to any specific legal obligations on the conservation of accounting documentation or for purposes of public security. In any case, it is understood that personal data will be stored and processed for the period of time allowed by the law and the provisions of the Guarantor for the Protection of Personal Data. At the end of this period essemoto.it may ask the user to renew consent to the processing of their data for such purposes or to make them anonymous and keep them only for statistical purposes.
Personal Data is stored through internal management protected by Password and Antivirus with exclusive access to the Data Controller and Data Processor
The interested party has the opportunity to register on the website communicating personal data. The personal data entered by the interested party are collected and stored exclusively for internal use by the controller and for their own purposes.
By registering to the essemoto.it website to validate the purchase, it is necessary to indicate: Name Surname / Company Name, Fiscal Code / VAT number, Full Address, Telephone Rec. And Email which will be used exclusively for the delivery of the order and for tax accounting
By registering on the website, the IP address and time of recording are also stored. The storage of this data takes place in the background, which is the only way to prevent the misuse of our services and, if necessary, to make it possible to investigate committed crimes. These data are not passed on to third parties unless there is a legal obligation.
The registered persons are free to modify or request the deletion of personal data directly from the '' My Account '' in the appropriate section '' Personal Data Management '' or by contacting the Owner / Manager directly at the following email address: firstname.lastname@example.org
Essemoto.it regularly informs its customers and business partners through a newsletter on company offers. The company newsletter can only be received by the interested party if the person concerned has a valid e-mail address. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for sending the newsletter, for legal reasons, in the double acceptance procedure. This confirmation e-mail is used to show if the owner of the e-mail address as the subject of the data is authorized to receive the newsletter. When registering for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of registration, as well as the date and time of registration.
The collection of this data is necessary to understand the (possible) abuse of a subject's e-mail address at a later date, and therefore serves the purpose of the legal protection of the controller.
The Essemoto.it newsletter contains the so-called tracking pixels. A tracking pixel is a miniature chart embedded in these emails, which are sent in HTML format to allow logging and analysis of log files. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the built-in tracking pixel, essemoto.it can see if and when an e-mail was opened by a subject of the data, and which links in the e-mail were retrieved by the interested parties.
The Essemoto.it website contains information that allows a rapid electronic contact with our company, in addition to direct communication with us, which also includes an e-mail address (e-mail address). If a data subject contacts Essemoto.it's Customer Service by e-mail or through a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a subject interested in the controller is stored for processing purposes or to contact the data subject. There is no transfer of this personal data to third parties.
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the filing purpose, or to the extent that this is granted by the European legislator or other legislators in laws or regulations to which the manager is subject of treatment
If the archival purpose is not applicable or if a retention period prescribed by the European legislator or another competent legislator expires, personal data is regularly blocked or deleted in accordance with legal requirements.
At any time you can access the data, oppose the processing or request the cancellation, modification or updating of all personal information collected by Essemoto.it exercising the right to limit the processing and the right to data portability. More Information on rights at the following link:: Rights of the interested party
We clarify that the provision of personal data is in part required by law (eg tax regulations) or may also derive from contractual provisions (for example information on the contractual partner). Sometimes it may be necessary to stipulate a contract that the person concerned provides personal data, which must then be processed by us. For example, the data subject is obligated to provide us with personal data when our company enters into a contract with him or her. The failure to provide personal data would have the consequence that the contract with the person concerned could not be concluded. Before the personal data are provided by the interested party, the interested party must contact any employee.
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