MALOSSI – Page 40 – Future Moto Ricambi

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1. About Terms and Conditions

1.1
These Terms and Conditions ("Terms and Conditions") apply to all purchases made by the user as a consumer at www.futuremoricambi.it and related websites (the "website"). The user accepts the Terms and Conditions when making a purchase on the website.

1.2
The Contract is stipulated with Future Global Distribution, via Costantino Reta 2A, 16162 Genova - PI 02177730997 ("Futuremoto", "we" or "us").

1.3
You can contact our customer service at expeditions.futuremoto@gmail.com

2. Orders

We only sell to customers who act as private individuals (consumers). To make a purchase, you must have the right to enter into a contract under applicable law. This means you must be 16 or older to buy with direct payment or 18 or older to buy on credit.

3. Confirmation of order and delivery

3.1
Once your purchase is complete you will receive an automatic confirmation email ("Thank you for your order"), confirming that we have received your order. This automatic confirmation does not imply the conclusion of a binding contract.

3.2
A binding contract is only concluded when the order is packed and we send a final delivery confirmation of the order to the e-mail address you indicated when placing your order ("Your order has been shipped").

3.3
Before you receive final delivery confirmation, your order may be rejected in whole or in part due to stock discrepancies, in accordance with our Fair Practice Policy, if you have provided us with incorrect information at checkout or if we suspect attempted fraud . In these cases, we will inform you as soon as possible.

4. Prices and information

4.1
At the time of the order, the prices indicated on the website at the time of the order apply. All prices include the applicable VAT, but do not include payment and transport costs, which are indicated separately.

4.2
We do our best to quote correct prices, but if by any chance we quote an incorrect price for a product, or if information about a product listed on the website is incorrect, we will contact you as soon as possible to advise you of the correct price. Before a delivery confirmation is sent, no binding contract has been concluded and we are free to adjust our prices.

4.3
If the price or information for a product listed on the Website is incorrect and you realized or should have known, the price or information will not apply to your purchase even if you received a delivery confirmation. In these cases, we will contact you as soon as possible.

4.4.
The website images showing the product are for illustration purposes only, and the actual product may differ slightly due to different producing batches, different motorcycle models, etc. We also cannot guarantee that all images on the website reflect your exact appearance, for example due to color rendition of your computer or telephone screen.

5. Payment

5.1
We offer different payment options and the user can choose which payment option to use. The possible payment options are always indicated in the website cashier and at the time of the order. Depending on the option chosen, any additional costs will be indicated in the checkout.

5.2
You will find complete information on all payment options and possible additional costs here

5.3
When you make a purchase from us, you enter into a separate payment agreement with our payment service provider.

6. Transportation and delivery

Delivery options

6.1
We offer different delivery options depending on the destination and the products purchased. The delivery options we offer are always indicated in the website checkout. We offer home delivery depending on your place of residence.

6.2
To facilitate your delivery and minimize the environmental impact, we always try to deliver the products in a single shipment.

6.3
If the order contains several products and one or more of them are not available in stock or have longer delivery times, you will be notified in order to decide, in synergy, whether to send a single shipment or to divide the order into several shipments

6.4
These terms and conditions of purchase apply to delivery in Italy. We do not deliver to the Republic of San Marino, in the municipalities of Campione d'Italia CAP 22060 and in the municipalities whose CAP is 23030.

6.5
You can find all the details about our delivery options here

Transport costs

6.6
Depending on the products purchased, the shipping option chosen and the total amount of the order, transport costs may be applied. The transport cost is always indicated at the time of purchase.

6.7
If you purchase bulky/heavy products such as kickstands, wheel mousses, top cases or luggage racks, etc etc, a shipping cost will be applied to these. Bulky/heavy products are always indicated on the website.

6.8
You can find complete information about shipping options and costs here

Delivery time

6.9
The estimated delivery date is available at the website checkout and in the automatic order confirmation and may vary depending on the products and the delivery option chosen. We always aim to deliver your order within the estimated delivery times, but we cannot guarantee this.

Uncollected parcels

6.10
The customer is responsible for receiving the delivery in accordance with the instructions given when placing the order.

6.11
Parcels at collection points that are not collected by the time indicated in the notice will be returned. If you have chosen home delivery and you do not follow the instructions for receiving, for example if you are not at home to receive the delivery, the package will be returned to us.

6.12
In these cases, we have the right to charge an administrative fee equal to the handling and shipping costs.

7. Right of withdrawal and return

7.1
You have the right to cancel your purchase within 14 days of the day you or a person on your behalf received the product you purchased on the website.

7.2
In addition, we grant you an additional 15 days of right of withdrawal, for a total of 30 days. The right of withdrawal applies only to unused products, in new condition, in the original packaging and with all tags still attached.

Exception for some products

7.3
For some products, the right of withdrawal or return does not apply. This applies to products that have been manufactured according to the user's instructions (print or motorcycle measurements) or have otherwise been given a clear personal touch. All products found on the website under the heading "Customizable" are excluded from the right of withdrawal and return. Even exhaust systems made for your motorcycle are not subject to the right of withdrawal or return. This also applies to products that can deteriorate rapidly or become obsolete, such as beverages and edible products. Products with broken seals that cannot be returned for health or hygiene reasons and which have been broken by the customer are also excluded from the right of withdrawal and return. If the right of withdrawal or return is not applicable, it will be indicated in relation to the product.

Devaluation of used products

7.4
When you exercise your statutory right of withdrawal, you have the right to open the packaging and examine the product to the extent necessary to assess its nature, characteristics and functioning. You have the right to cancel your purchase for a full refund if you register your return or contact us within 14 days of the day you received the product and return it in its original condition.

7.5
If the product is manipulated beyond what is necessary to determine its character, properties and function, we are entitled to make a depreciation. This deduction is made by comparing the value of the product at the time of return with the original value at the time of purchase. For a full refund, we therefore recommend that you return the product in its original condition.

How to cancel the purchase / right of withdrawal

7.6
If you wish to return your purchase, you must register your return or notify us within 14 days of the day you or a person acting on your behalf receives or collects your order.

7.7
You can easily register your return yourself using our portal.

By accessing the My Account section, click on the order number you want to return and then on the "return product" item

7.8
Once you have notified us that you wish to return the purchase, you must send or return the product within 14 days from the day you or a person on your behalf receives or collects the order. We advise you to return the product in the same packaging in which you received it as you will be responsible for any damage or loss during the return shipment if such damage or loss has been caused by your negligence, for example in the packaging of the product.

7.9
If, after the expiry of the right of withdrawal or return, you wish to take advantage of the additional 16 days of right of return, follow the same procedures as for the right of withdrawal. However, please comply with the requirements of new condition, original packaging and labels as outlined in 7.2.

7.10
Our return address is Future Moto Ricambi, via Costantino Reta 2A, 16162 Genoa, Italy

Return shipment

7.11
The shipping costs for the return are charged to the customer. If you choose to return via us, the cost of the return postage will be deducted from your refund. For information on return shipping costs, see the site here

Reimbursement

7.12
Once the purchase has been returned, we will issue the refund via our payment service provider within 14 days. However, we will not issue a refund until we have received the product or until you prove that you have sent it to us. We remind you that the customer is responsible for any damage or loss during the return shipment caused by his negligence.

7.13
If you are returning an entire order, your refund will include the shipping costs (for sending to the customer) paid at the time of purchase. However, this only applies to the cost of standard shipping. Additional shipping costs resulting from choosing a more expensive shipping option will not be refunded.

7.14
If you are returning only part of an order, the shipping will not be refunded.

7.15
The refund will be made with the same payment method chosen by the customer at the time of purchase, unless otherwise agreed.

8. Warranty claim

8.1
If the product is defective, you have the right to complain in accordance with the mandatory consumer protection legislation in force in the country where you reside.

The customer has the right to file a claim for any original defect of the product occurring within two years after delivery of the product (the liability period). The complaint must always be filed within a reasonable period of time after the defect should have been discovered. The right to complain ends after the two-year liability period has expired.

8.2
If you wish to complain about a product, you should contact our customer service at expeditions.futuremoto@gmail.com

8.3
Once the product that is the subject of the complaint has been assessed and we have established that the complaint is valid, we will refund you in accordance with applicable law. This means that the fault will be rectified or that we will replace the defective product with a new one. If neither of the two options is possible, you will instead have the right to request a reduction in the price corresponding to the defect or to cancel the purchase in accordance with the applicable law.

8.4
Please note that we have the right to refuse a claim if it is found that the product is not faulty under applicable law.

8.5
In case we need to get the product back, our return address is: Future Moto Ricambi, via Costantino Reta 2A/R, 16162 Genova, Italy

9. Offers

9.1
We may sometimes offer promotions, discount codes, gifts and other offers (collectively referred to as "Offers"). Such Offers are valid only for the period of time indicated and are subject to the terms and conditions set forth in connection with such offers. The promotion period cannot be extended and if we run out of stock during the promotion period, we will not offer similar substitute products in place of the promoted products. The offers cannot be combined with other discounts or offers, unless expressly indicated at the time of purchase.

9.2
In many cases, in order to take advantage of the offer, the user may be required to enter a code or otherwise activate the offer in question before completing the purchase.

9.3
If you cancel or return any products you have ordered, you may no longer be eligible for the offer. This may mean that you need to return or pay for a gift or that you may no longer be able to take advantage of a particular discount. If, due to a return, you no longer qualify for the gift in question and do not return it, we will deduct the value of the gift before issuing the refund. Alternatively, if you do not meet the requirements for a given discount, it will be deducted from your refund.

10. Fair Practice Policy

10.1
In order to shop with us you need:

that you do not attempt to defraud or otherwise act with the intent to violate applicable laws;
do not attempt to mislead us about your identity or misrepresent yourself as a consumer to shop with us;
not to unduly pressure or intimidate our staff when it comes to our customer service;
you intend to keep the ordered products. That doesn't stop you from changing your mind later. The customer is always entitled to the right of withdrawal and the right of return provided for by our terms and conditions of purchase.

10.2
Behaviors that are considered to be in violation of this Fair Practice Policy include, but are not limited to:

attempted fraud in connection with returns, such as substitution/falsifying price labels and tags and false claims of lost products,
misrepresenting that you are a consumer in order to shop with us but then, for example, market or resell the products as part of a business,
buy products in order to have them photographed in the context of a commercial activity and then return them falsely, on the basis of a right of withdrawal or a right of return which only applies to consumers,
attempt to unduly influence or threaten our staff to obtain an extended right of withdrawal with respect to our conditions of sale or mandatory law,
highly anomalous purchase and return behavior demonstrating that the customer had no intention of keeping the ordered products.

10.3
Our assessment of a violation of our Fair Practice Policy is based on a number of different factors, such as systematic deviant behaviour, order composition, order frequency, return frequency and attempted fraudulent identification.

10.4
If your order is declined, you will be notified by email sent to the email address you provided when placing your order. Once the refusal of the order has been notified, the decision will apply to the user regardless of his profile or e-mail address. You may not attempt to circumvent this decision in any way, such as trading under someone else's name, as such deception in itself constitutes a violation of the Fair Practice Policy.

10.5
Our Fair Practice Policy does not prevent you from exercising your statutory right of withdrawal or return once you have made a binding purchase from us. However, in specific cases, our Fair Practice Policy may prevent you from entering into a new contract with us.

11. Our obligations

11.1
In the event of product defects or delays in delivery, we will be liable for any damages suffered by the customer as a result of the defect or delay, in accordance with mandatory consumer protection legislation. However, we will only be liable for damages to the extent that you have taken reasonable steps to limit the loss. We are therefore not liable for damages that the customer could have avoided by taking reasonable measures.

11.2
We are not responsible for damage caused by unforeseen circumstances beyond our control, such as war, strike, pandemic or natural disaster, which we cannot reasonably foresee (force majeure). If we are prevented from fulfilling our obligations under the contract or these Terms and Conditions of Purchase due to force majeure, you have the right to withdraw from the contract in accordance with the statutory consumer law.

12. About these Terms and Conditions

12.1
We may amend these Terms and Conditions, but the Terms you accepted at the time of your purchase will always apply to that purchase. Any changes will be reflected in the latest published version of the Terms of Purchase on the website. The changes will take effect from the moment the user accepts the Terms and Conditions, i.e. when he makes a new purchase on the website.

12.2
It is important for us to respect your consumer rights. Being a company based in Italy, these Conditions of Purchase will be interpreted and applied in accordance with Italian law. If any provision of these Terms of Sale is held to be invalid or unenforceable by a competent court, authority or alternative dispute resolution body, the remainder of that provision and all other provisions of these Terms of Sale will remain valid and enforceable in their entirety, subject to applicable law. You are always entitled to the mandatory consumer rights of the country in which you habitually reside. Nothing contained in these Terms and Conditions shall be interpreted as a limitation of these rights.

13. Questions, Complaints and Disputes

13.1
Please contact us with any questions or complaints regarding your order. You can easily contact us using the contact details set out at the start of these Terms and Conditions.

13.2
In the event of disputes with individuals, we will abide by the decisions of alternative dispute resolution bodies. In Italy it is possible to contact the National Institute for Mediation and Arbitration - INMEDIAR, www.inmediar.it.

13.3
As a private individual, you can also lodge a complaint through the EU's online dispute resolution platform, which you can find here

13.4
Notwithstanding the foregoing, any disputes may also be settled before any competent court in the country where the customer is domiciled.

Last updated on 08/11/2022