Sales Terms
The offer and sale of products on the website www.airoh.it are regulated by these General conditions of Sale.
Before submitting your purchase order, the Customer is required to carefully read these general conditions of sale, the order form, the information regarding the right of withdrawal, and our Privacy Policy regarding the processing of personal data dedicated to the e-commerce service.
Object, seller and consumer
1.1 These General Conditions of Sale concern the sale of products carried out online via the e-commerce service on the website www.shop.airoh.com. The General Conditions of Sale do not, however, regulate the supply of services or the sale of products by parties other than the Seller who are present on the website via links, banners or other hypertext links.
1.2 The products purchased on the website www.shop.airoh.com are sold directly by Locatelli SpA, 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 to the countries indicated in the Order Form. Any orders for shipments outside these countries will be automatically rejected during the order processing process.
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). A Consumer is any natural person who uses the Site for purposes not related to a commercial, entrepreneurial or professional activity, and therefore excludes individuals such as traders, wholesalers, retailers, and professionals.
1.4 Non-Consumer customers are asked to refrain from entering into commercial transactions on the Site. In any case, the Seller reserves the right not to process orders from individuals other than Consumers or 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 its 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.
Selling via e-commerce service
2.1 An online sales contract means a distance contract having as its object the sale of movable goods (the Products) stipulated between the Customer and the Seller (jointly the Parties), as part of an electronic commerce service organised 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:
– registration on the site and simultaneous receipt of the privacy policy;
– consultation and verification of the Product characteristics as described on the Site and in the relevant Product sheet;
– selection of the Product(s) and quantity you wish to purchase;
– insert all the Products you intend to purchase into the cart (“Add to cart” button);
– complete the appropriate Order Form, which contains a link to these General Conditions of Sale; information and images of each Product and its price; the payment methods that can be used; the delivery methods for the purchased Products and the related shipping and delivery costs; a link to the conditions for exercising the right of withdrawal; the methods and times for returning the purchased products;
– before submitting the Order Form by clicking the "Confirm Order" button, the Customer is informed that placing the order implies the obligation to pay the indicated price. The Seller provides a summary of the order, including the commercial and contractual conditions that will apply to the proposed purchase order for the products. The Seller invites the Customer to read and accept these General Conditions of Sale, including the information on the Right of Withdrawal and the dedicated Privacy Policy. The Seller also provides a summary of the essential characteristics of each product ordered, including the price (including all applicable taxes or duties), the payment methods that can be used for the purchase, the delivery methods for the purchased products, and shipping and delivery costs. The Seller's contact information, geographic address, and contact details will also be provided, as well as 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 team will be provided. Finally, we would like to remind the Customer of the possibility of using the independent and institutional conciliation service, known as "RisolviOnline", provided by the Arbitration Chamber of the Milan Chamber of Commerce, as well as the possibility of using the platform for the alternative extra-judicial resolution of disputes, accessible on the website http://ec.europa.eu/odr, made available by the European Commission;
– before submitting the order, the Customer is also notified of the possibility of making any changes and/or additions to the data entered and to the order itself;
– after placing the order, payment of the price (in addition to the charges specified in the order summary), following the instructions received;
2.3 By submitting the order form, the Customer confirms that he or she is aware of the dedicated Privacy Policy and accepts these General Conditions of Sale, including the general conditions of use of the site. Once submitted, the Order will remain available for consultation (but not modification) by the registered Customer on the site in the section reserved for Registered Customers for at least 1 year after it has been submitted.
Order fulfillment
3.1 Correct receipt of the order will be confirmed by the Seller via an email with the purchase order receipt, sent to the email address provided by the Customer. This confirmation message will include the date and details of the order (information regarding the essential characteristics of the Product, detailed price, payment methods, and all shipping costs), a 'Customer order number' to be used in any communication with the Seller, a link to the general terms and conditions of sale, and 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 regarding the purchase order placed on the Site.
3.2 The Seller may not process purchase orders that do not provide sufficient payment guarantees, are incomplete, or are incorrect, or if the products are unavailable, or if they come from a Customer with whom it has an ongoing dispute and/or dispute regarding a previous order. In these cases, the Seller will inform the Customer by email that the contract has not been concluded and that the Seller has not fulfilled the order, stating the reasons. In this case, the amount previously reserved on the Customer's payment method will be released.
3.3 Except as provided in the following article, the Seller, upon shipment of the Product, will send the Customer a communication via email confirming shipment, containing the tracking number of the shipment, which will allow the Customer to trace its path.
3.4 The data relating to each purchase made will remain available to the Registered Customer within his/her account for a period of no less than 1 (one) year.
Payments
4.1 Payment for the Products purchased by the Customer as well as the related delivery costs may be made using one of the methods provided on the Site (Credit card via Stripe, Paypal and Bank Transfer).
4.2 At no point during the purchase process will the Seller be able to access the Customer's credit card information, which is transmitted via a secure and encrypted connection directly to the website of the banking institution handling the transaction. No computer archive of the Seller will process or store this data. Therefore, under no circumstances can the Seller 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 Product prices 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 shipping costs.
Delivery methods
5.1 The delivery of the Products purchased by the Customer will be carried out by the Seller to the address indicated by the Customer.
Each shipment contains:
- the Products / or ordered / or;
– the packing list;
– the relevant invoice issued by the Seller
5.2 The Seller ships the Products to the Customer using selected express couriers. This is indicative, but in any case without any obligation for the Seller and subject to (a) the actual availability of the Products; (b) periods of closure of the logistics warehouse for inventory/security checks or 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, suspension of Schengen, strikes, etc.); and (d) verification of the availability of the sums paid in the Seller's current account in the case of payment by bank transfer.
The ordered Products will be delivered by the Seller to the selected courier within 10 (ten) working days following acceptance of the order. In any case, delivery will be made within a maximum of 10 (ten) days from the day following the day on which the Customer placed the order.
In the event of only partial availability of the Products, following the order confirmation, the Seller will promptly inform the Customer and, with the latter's approval, will process the order with the Products actually available.
5.3 Upon receiving the Products at their home, the Customer must verify the integrity of the packaging and the products themselves, as well as their quantitative and qualitative correspondence with the order. In the event of discrepancies and/or differences, the Customer will be responsible for having the courier accurately note and record them. If the packaging or wrapping of the Products ordered by the Customer arrives visibly damaged, the Customer is invited to refuse delivery from the carrier/shipping agent or to accept delivery "with reservations." The purchased Products will be delivered by the courier appointed by the Seller to the shipping address indicated by the Customer.
Warranty against defects of conformity
6.1 Upon delivery, the Products must be checked by the Customer to ensure that they correspond to the items ordered and that they do not present any 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 applicable law (articles 129 et seq. 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 Any lack of conformity may be reported to the Seller by contacting Customer Service. In the event of a lack of conformity, the Customer has the right to request repair or replacement of the Product. If the aforementioned remedies are not possible or are excessively costly, the Customer will be entitled to a reduction in the price paid or to terminate the sales contract, pursuant to Article 130 of the Consumer Code.
All return costs for products showing defects of conformity will be borne by the Seller.
6.3 The Seller guarantees to the Customer that the Products conform to the descriptions published on the Website. This guarantee will apply to Products with defects and/or malfunctions not detectable at the time of purchase, provided that the Product itself has been used correctly and with due diligence, i.e., in compliance with its intended use and as provided in any technical documentation, in compliance with the various operating instructions indicated therein. However, the aforementioned guarantee will not apply 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.
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 days of receiving the Products.
7.2 The Customer must send the communication using the specific online form available in the relevant section, selecting the "withdrawal" option, to the address support@airoh.com
The aforementioned communication must be sent within 14 days of receiving the Products.
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 that the Form (or declaration) has been received, along with the return label, which is necessary to ensure the return of the products is successful.
7.4 The return of the Products subject to withdrawal must be made, at the Customer's expense, via a carrier of their choice, directly to the Seller's registered office without undue delay and in any case within 14 (fourteen) days from the date on which the Customer communicated to the Carrier the decision to withdraw from the sales contract. The Seller will not accept returns with cash on delivery under any circumstances.
7.5 The right of withdrawal applies to the Product in its entirety and not to its parts or components. If the Product sold has been made to measure or clearly personalized for the Customer, the latter will not have any right of withdrawal.
7.6 All Products for which the Customer has exercised the right of withdrawal must be intact and in their original packaging, complete in all its parts, including the packaging material, any seals affixed, as well as any accessory documentation, such as order references, transport documents and anything else.
Once the integrity of the returned Product has been verified, the Seller will refund all payments received from the Customer for the Products subject to withdrawal within 14 (fourteen) days from the day on which the Seller is informed of the Customer's decision to withdraw from the contract. The refund will be made using the same payment method used by the Customer for the initial transaction. The Seller may withhold the refund until it receives the goods or until the consumer demonstrates having returned the goods, whichever occurs first.
7.7 The Customer will not be entitled to exercise their right of withdrawal if one of the following circumstances is ascertained: the lack of the original packaging and/or wrapping; the absence of all integral elements of the Product (accessories, tags, labels, information notes, etc.); substantial damage to the Product for reasons other than its transport.
7.8 In the event that the withdrawal concerns one or more products purchased with a Promotional Code, the refunded amount will be equal to that actually paid to the Seller, and not the value of the product indicated in the description at the time of purchase.
Product change
8.1 As an alternative to exercising the right of withdrawal, the Customer has the option of exchanging the purchased product for another of a different size and/or color.
8.2 The exchange request will take place under the conditions set out below.
- a) The Customer may request the exchange of one or more purchased products only with products of the same model, having a different size and/or color.
- b) The Customer may request the exchange of one or more products purchased within and no later than fourteen (14) days from the date of their delivery, using the specific online form available in the relevant section, selecting the "return" option, to be sent to support@airoh.com within the aforementioned deadline.
- c) The products to be exchanged must be delivered to the courier within fourteen (14) days from receipt of the product.
- d) The Customer may make only one exchange request for each product purchased.
- e) Products for which an exchange is requested must be returned to the Seller in their original packaging, unused, unaltered or damaged, with the original labels and/or distinctive signs (e.g. electrostatic foil, instruction manuals, gadgets) not removed.
- f) Products to be exchanged that are part of a single order must be sent to the Seller in a single shipment: the Seller, in fact, reserves the right to not accept products from the same order, sent for exchange at different times.
If all the above conditions are correctly met, once the online return containing the exchange request has been made, the Seller will process the same replacement request by sending a specific confirmation email to the Customer.
8.3 After receiving the products that the Customer intends to exchange and having verified compliance with the aforementioned conditions, the Seller will verify the actual availability of the product in its warehouse in the size and/or color requested by the Customer.
In the event that the product or products selected for exchange are not available in its warehouse, the Seller will not be able to accept the exchange request and will therefore proceed to refund the price of the product or products originally purchased and not replaceable, according to the methods set out in art. 7.
If the product or products selected for exchange are available, the Seller will accept the exchange request by sending an email confirming the shipment of the replacement products. In this case, shipment will take place within thirty (30) days from the date on which the Seller receives the return at its premises, once it has verified that the return has been made in compliance with the conditions set out above. The shipping costs of the replacement products will be borne by the Customer and must be paid in advance by the latter.
If the conditions for an exchange and/or refund do not exist due to the non-compliance of even just one of the conditions set forth in Article 8.1, the Seller will provide appropriate notification to the Customer.
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 the reference standard.
However, it remains the customer's responsibility to ensure 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 sporting regulations if used on the track.
By purchasing the Products, the Customer simultaneously declares that he/she has fully understood the limits of use indicated above and expressly releases Locatelli SpA from any liability deriving from use in conditions other than those foreseen in the specific approval.
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.
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 any Customer regarding an online purchase of Products, the Seller guarantees full adherence to and acceptance of the RisolviOnline conciliation service. RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached online with the assistance of a neutral and competent conciliator. For more information on the RisolviOnline regulations or to submit a conciliation request, please visit SolviOnline.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 shall have jurisdiction in accordance with the applicable law or, at the consumer's choice, the Court of Milan.
Editing and updating
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.
