The offer and sale of products on the website www.airoh.com are regulated by these General Conditions of Sale.
- OBJECT, SELLER AND CONSUMER
1.1 These General Conditions of Sale concern the online offer and sale of products through our e-commerce service on www.shop.airoh.com. The General Conditions of Sale do not regulate the supply of services or the sale of products by subjects other than the Seller who are present on our website through links, banners or other hypertext links.
1.2 The products purchased from the Website are sold directly by Locatelli S.p.A. with registered office in Italia, Via Resistenza 5/A – 24030 Alemanno San Bartolomeo (BG), E-mail: firstname.lastname@example.org, C.F. / VAT 02582780165, telephone number +39035553101 (hereinafter the "Seller"). The products sold on the website can be purchased and delivered only 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 customer users as identified by the data entered when completing and sending the order form in electronic format who have reached the legal age and who are "consumers" ( “the Customer or the Consumer”). The term "consumer" is used to refer to any natural person acting on the Website for purposes not connected with their commercial, entrepreneurial or professional business excluding traders, wholesalers, retailers, professionals.
1.4 Non-Consumers should refrain from concluding commercial transactions on the website and, in any case, the Seller reserves the right not to perform orders from subjects other than Consumers or in any case not to perform orders that do not comply with its commercial policy such as, for example, proposals for orders for which there is a report, or the suspicion, of fraudulent or illegal activities. In such cases, the Seller will notify the user the non-acceptance of the order.
1.5 The presentation of the Products on the Website, which is not binding for the Seller, is a mere invitation to the Customer to make a contractual purchase proposal and not a public offer.
- SALES THROUGH E-COMMERCE SERVICE
2.1 An on-line sale contract means the remote contract concerning the sale of movable goods (the "Products") stipulated by the Seller and the Client as part of a remote sales system organized by the Seller, which, for that contract, uses the remote communication technology referred to as the internet.
2.2 The Customer can place an order and complete the purchase according to and upon completion of the following methods and phases:
- registration on the site with simultaneous receipt of the privacy notice;
- consultation and verification of the Product characteristics as described on the website and in the related Product information sheet;
- selection of the Product (s) and the quantity to be purchased;
- insertion of all the Products to be purchased in the cart ("Add to Cart" button);
- fill in the appropriate Order Form, which contains a reference to these General Conditions of Sale; information and images of each Product and its price; the means of payment that can be used; the methods of delivery of the Products purchased and the related shipping and delivery costs; a reference to the conditions for exercising the right of withdrawal; the procedures and time limits for returning the purchased products;
- before proceeding with the transmission of the Order Form by pressing the "Confirm the Order" button, the Customer is warned that submitting 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 proposed purchase order of 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 Notice, as well as a summary of the information on the essential characteristics of each product ordered with the relative price (including all applicable taxes or duties), the means of payment that can be used for the purchase, the methods of delivery of the products purchased, the costs shipping and delivery; as well as the references, the geographical address and the contacts of the Seller and the date by which the Seller, once accepted the order, 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 remember the possibility for the Customer to use the independent and institutional conciliation service, the so-called "RisolviOnline", provided by the Arbitration Chamber of the Milan Chamber of Commerce as well as the possibility of using the platform for alternative extra-judicial dispute resolution, accessible on the website http://ec.europa.eu/odr, made available by the European Commission;
- before sending the order, the Customer is also notified of the possibility of making any changes and / or additions to the data entered and the order itself;
- after the transmission of the order, the 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 knows the dedicated Privacy Notice and accepts these General Conditions of Sale including the general conditions of use of the website and, once forwarded, the Order will remain available (but not modifiable) for the Customer registered on the website in the section reserved for the Registered Customer for at least 1 year after it has been sent.
- ORDER PROCESSING
3.1 The correct receipt of the order will be confirmed by the Seller by means of an e-mail response 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 case of any communication with the Seller, the link to the general conditions of sale and the information on the right to withdrawal. The message will include all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods indicated on the Site. Before sending the order confirmation, the Seller has the possibility to request further information to the Customer via e-mail with reference to the purchase order made on the website.
3.2 The Seller may not process purchase orders which do not give sufficient guarantees of payment or which are incomplete or incorrect or in the event of unavailability of the Products or if the orders come from a Customer with whom a dispute is underway and / or there is a dispute relating to previous order (s). In these cases, the Seller will inform by e-mail that the contract is not concluded and that the Seller has not processed the order indicating the reasons. In this case, the sum previously committed to the Customer's means of payment will be decommitted.
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 e-mail confirming the shipment, containing the tracking number of the shipment, which will allow the Customer to trace it.
3.4 The data related to each purchase made will remain available, for the Registered Customer within their account, for a period of not less than 1 (one) year.
4.1 The payment of the Products purchased by the Customer as well as the related delivery costs may be processed according to one of the methods indicated on the website (Credit Card through Stripe circuit, Paypal and Bank Transfer).
4.2 At no time during the purchase procedure, the Seller is able to know the information related to the Customer's credit card, transmitted via a secure and encrypted connection directly to the site of the banking institution that manages the transaction. No server of the Seller will process or store such data. In no case can the Seller therefore be held responsible for any fraudulent and undue use of credit cards by third parties when paying for Products purchased on the website.
4.3 The selling prices of the Products are net of any custom charges. The related costs will be borne by the Customer.
If for any reason the Customer does not collect the goods, the Seller will retain an amount equal to 70% of the cost of the helmet and the transport costs.
- DELIVERY METHOD
5.1 Products purchased by the Client will be delivered by the Seller, to the address specified by the Client.
Each delivery contains:
- the Product/s ordered;
- the packing list;
- the invoice issued by the Seller.
5.2 Seller delivers the Products to the Client using selected express courier services. As a general rule - but in any case without this forming any restriction for the Seller and without prejudice to: (a) the effective availability of Products; (b) periods of closure of the logistics warehouse for inventories/security controls or periods of closure of the logistic warehouse for Italian National Holidays; (c) any causes of force majeure (e. g. epidemics, earthquakes, wars, natural disasters, Schengen suspensions, strikes, etc.) and (d) the verification of the availability of the amount paid in the Seller's bank account in case of payment with bank transfer.
The Seller will provide the chosen courier with the Products ordered within 10 (ten) working days of the acceptance of the order. In any case, delivery will be made within 10 (ten) days of the day after the date on which the Client submitted the order.
If Products should only be partially available, after confirmation of order, the Seller will inform the Client of this promptly and, with the latter's approval, will dispatch the Products effectively available.
5.3 Upon receipt of the Products, the Client must check that the packs are intact and that the quantity and quality coincide with that ordered. Any differences and/or discrepancies must be reported and noted by the Client to the courier; if the packaging or packing of Products ordered by the Client should reach destination showing clear damages, the Client should refuse delivery by the courier or opt to accept it "with reservations". Products purchased will be delivered to the courier chosen by the Seller, to the delivery address specified by the Client.
6.1 At the time of delivery, the Products must be checked by the Customer in order to ascertain that they correspond to the ordered items and that they do not show any lack 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 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 the Customer Service. In case of 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 expensive, 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.
The costs incurred by the Client for returning the Product that present defects of conformity shall be at the Client's expense.
6.3 The Seller warrants to the Customer that the Products comply with the descriptions published on the Site. This warranty will apply to the Product which has defects of conformity and / or malfunctions not found at the time of purchase, provided that the Product itself has been used correctly and with due diligence, that is, in compliance with its intended use and with the provisions of any technical documentation, with compliance with the various operating standards indicated therein. The warranty will not be applicable in the event of negligence or neglect in the use and maintenance of the Product.
6.4 The warranty is personal and shall therefore only apply to the original buyer. It is reserved exclusively to the Clients of the Seller classified as Consumers.
- RIGHT TO WITHDRAWAL
7.1 Pursuant to the Consumer Code, the Customer, as a "Consumer", has the right to withdraw from a purchase without any penalty and without specifying the reason within 14 working days from the receipt of the Products.
7.2 The Customer must send the communication using the appropriate online form available in the appropriate section, selecting the “withdrawal” option, at the address email@example.com.
The sending of the aforementioned communication must be made within 14 (fourteen) working days from the receipt of the Products.
The Customer has also the right to make any explicit declaration of his decision to withdraw from the contract.
7.3 The Customer will promptly receive confirmation by e-mail of the receipt of the Form (or the declaration) together with the return label, necessary to allow the return of the products to be successful.
7.4 The return of the Products subject to withdrawal must be made, at the care and expense of the Customer, by the Carrier of his choice, directly to the Seller's registered office without undue delay and in any case within 14 (fourteen) days from the date on which he communicated to the Carrier the decision to withdraw from the sales contract. The Seller will in no case accept consignment cash on delivery.
7.5 The right to withdrawal applies to the Product in its entirety and not to parts or components of it. In case the Product sold has been tailor-made or clearly personalized for the Customer, the Customer will not have any right to withdrawal.
7.6 All the Products for which the Customer has exercised the right to withdrawal must be intact and in their original packaging, complete in all its parts including the packaging material, the seals that may be affixed, as well as any accessory documentation, such as order references, shipping documents and more.
Once the integrity of the returned Product has been verified, the Seller will reimburse all payments received by the Customer for the Products subject to withdrawal within 14 (fourteen) days from the day on which it 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 can withhold the refund until it has received the goods or until the consumer has demonstrated that he has sent the goods back, whichever occurs first.
7.7 The Customer will not have the right to exercise his right to withdrawal in cases where one of the following circumstances is ascertained: the lack of the original outer packing and/or inner packaging; the absence of all the elements of the Product (accessories, tags, labels, information notes etc.); substantial damage to the Product for reasons other than its transport.
7.8 If 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 shown in the description of the same at the time of purchase.
- CHANGE OF PRODUCTS
8.1 As an alternative to exercising the right of withdrawal, the Customer has the option to change the Product purchased with 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 in the exchange of one or more Products purchased only with products of the same model, having different size and/or colors.
- b) The Customer may request the exchange of one or more products purchased no later than fourteen (14) working days from the date of their delivery, using the online form available in the appropriate section, selecting the "return" option, to be sent to firstname.lastname@example.org within the above deadline.
- c) The products to be changed must be delivered to the courier within fourteen (14) days from the receipt of the product.
- d) The Customer may make a single exchange request for each product purchased.
- e) The products for which the change is requested must be returned to the Seller in their original packaging, unused, nor altered or damaged, with the labels and / or distinctive signs (e.g. electromagnetic sheet, instruction manuals, gadgets) originals not removed.
- f) The products to be changed that are part of a single order must be sent to the Seller in a single shipment: the Seller, in fact, reserves the right not to accept products from the same order, shipped for exchange at different times.
If all the conditions mentioned above are correctly respected, once the online return containing the exchange request has been made, the Seller will take charge of the same replacement request by sending a specific confirmation e-mail to the Customer.
8.3 After receiving the products that the Customer intends to change and checking compliance with the aforementioned conditions, the Seller will check the actual availability of the product in the size and / or color requested by the Customer at its warehouse.
In the event that the product or products selected for the exchange are not available at its warehouse, the Seller will not be able to accept the exchange request and will therefore reimburse the price of the product or products originally purchased and not replaceable, according to the methods provided for in art. 7.
In the event that the product or products selected for the exchange are available, the Seller will accept the exchange request by sending an e-mail confirming that the replacement products have been sent. The shipment will take place in this case within thirty (30) days from the date on which the Seller will receive the return at its headquarters, once it has been verified that the same has taken place in compliance with the above conditions. The shipping costs of the replacement products will be borne by the customer and must be anticipated by the latter.
If the conditions for an exchange and / or reimbursement do not exist due to the discrepancy even of one of the conditions set out in art. 8.1, the Seller will give appropriate communication to the Customer.
- ECE APPROVAL 22-05 / ECE 22-06
Our helmets are ECE 22-05 / ECE 22-06 approved, unless otherwise specifically indicated, and their use is therefore allowed on the road only in countries that have officially accepted or accept this regulation as reference legislation.
However, the Customer remains responsible for checking that the helmets can be used in compliance with the laws in force in the country of use for road use 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 above limits of use and expressly raise Locatelli S.p.A. from any liability deriving from use in conditions other than those foreseen with the specific approval.
- DATA 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 ALTERNATIVE DISPUTE RESOLUTION
11.1 The contract between the Seller and the Customer concluded through the acceptance of any order made through the Site is governed by Italian law, in particular by the Consumer Code and by Legislative Decree 70/2003 on certain aspects of electronic commerce , and by these General Conditions of Sale, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980 in case of international sale.
11.2 In the event of disputes between the Seller and each Customer regarding an online purchase of Products, the Seller guarantees the full adhesion 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 you to reach a satisfactory agreement, with the help of a neutral and competent conciliator, on the Internet. For more information on the RisolviOnline regulation or to send a conciliation request, access RisolviOnline.com. We also inform you that the European Commnission provides a platform for alternative extra-judicial dispute resolution, accessible on the website http://ec.europa.eu/odr.
11.3 For all disputes relating to the purchase and / or interpretation of these General Conditions of Sale, the Court of the place of residence or domicile of the consumer will be competent according to the applicable law or, at the choice of the consumer himself, the Court of Milan.
- 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 website.